HomeMy WebLinkAbout2004-11-01 Minutes, City Commission
MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
November 1, 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 1,2004, 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 11. October 18. October 25. October 28 and October 29.2004
It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the minutes
of the meetings of October 11, October 18, October 25, and October 28, 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.
Mayor Cetraro deferred action on the minutes of the October 29, 2004 meeting to a later date.
Consent Items
City Manager Kukulski presented to the Commission the following Consent Items.
Commission Resolution No. 3745. authorize City Manaaer to sian. Chanae Order No.
1 for Sourdouah Transmission Main ReDlacement Droiect - decrease contract
amount by $31.971.75 and 0 calendar days
COMMISSION RESOLUTION NO. 3745
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
APPROVING AL TERATION/MODIFICATION OF CONTRACT WITH
BIG X
CONSTRUCTION, INC., BOZEMAN, MONTANA.
Commission Resolution No. 3746. creatina SDeciallmDrovement Liahtina District
(SILD) No. 679 (Walton Homestead Subdivision. Phases 1 and 2)
COMMISSION RESOLUTION NO. 3746
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
RELATING TO LIGHTING DISTRICT NO. 679 (WALTON HOMESTEAD 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. 3747 - creating SDeciallmDrovement Liahtina District
(SILD) No. 680 (Baxter Meadows Subdivision PUD. Phase 1)
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COMMISSION RESOLUTION NO. 3747
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
RELATING TO LIGHTING DISTRICT NO. 680 (BAXTER MEADOWS SUBDIVISION PUD,
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 Mutual Access Easement and
Agreement between Dick Stefani and David M. MacDonald ~ between lot 1 and
lot 2. Block 2. Correction Plat of Kaay Crossroads Subdivision (extendina
westward from South 22nd Avenue approximatelv 200 feet north of Kaay
Boulevard)
Authorize City Manaaer to sian ~ Acceptance of Public Pedestrian Access Easement
from David and Chervl MacDonald across Tract 2A. COS No. 1855A:
Acceptance of Public Pedestrian and Vehicle Access Easement from David
and Chervl MacDonald across Tract 2A. COS No. 1855A: and Declaration of
Public Access Easement from David MacDonald and Chervl MacDonald ~
between Tract 2A and Tract 1A. COS No. 1885A
Authorize City Manaaer to sian ~ Acceptance of Sewer and Water Pipeline and Access
Easement and Agreement from Gasliaht Development. llC ~ 20 to 30~foot~wide
easement across lot 2. Block 5. Cattail Creek Subdivision. Phase I:
Acceptance of Public Access Easement ~ Gasliaht Development. llC ~ 20 to
30400t~wide easement across lot 2. Block 5. Cattail Creek Subdivision. Phase
I (extendina southward from Warbler Way)
Authorize expenditure of $3.636.37 as partial reimbursement for costs billed bY the
State of Montana Department of Environmental Quality for the Bozeman
Solvent Site for the period January 1. 2004 throuah March 31. 2004
Application for Beer and Wine License for Calendar Year 2004 ~ The Wine Gallery. 102
South 19th Avenue (chanae of ownership)
Approval of Depositorv Bonds and Pledaed Securities as of September 30. 2004. as
reviewed bY Commissioner Hietala and Commissioner Krauss
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
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.
Commission Resolution No. 3729 ~ intent to create $peciallmprovement Liahtina District (SllD) No.
681 ~ Alder Creek Subdivision. Phases 1 and 2
This was the time and place set for the public hearing on the intent to create Special Improvement
Lighting District No. 681, as established by Commission Resolution No. 3729, entitled:
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COMMISSION RESOLUTION NO. 3729
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 681 (ALDER CREEK
SUBDIVISION, PHASES 1 AND 2) DECLARING IT TO BE THE INTENTION OF THE CITY
COMMISSION TO CREATE THE DISTRICT FOR THE PURPOSE OF INSTALLING AND
MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS FOR
INSTALLATION, OWNERSHIP, M~NTENANCE AND ENERGY THEREFOR TO
BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT.
Public hearing
Mayor Cetraro opened the public hearing.
Clerk of the Commission Sullivan presented the staff report. She noted that Condition No. 37 for
approval of Phases 1 through 5 of the Alder Creek Subdivision required the installation of street lights, with
the creation of a lighting district being one of the options for doing so. She indicated that, as of this date,
no public comment has been received on the creation of a lighting district.
No one was present to speak in support of, or in opposition to, the creation of the lighting district.
Since there were no Commissioner objections, Mayor Cetraro closed the public hearing.
Decision
It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the Commission
direct staff to bring back a resolution creating Special Improvement Lighting District No. 681 for Alder Creek
Subdivision, Phases 1 and 2. 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.
Commission Resolution No. 3730 - intent to create SDeciallmDrovement Liahtina District (SILD) No.
682 - Laurel Glen Subdivision. Phase 1
This was the time and place set for the public hearing on the intent to create Special Improvement
Lighting District No. 682, as established by Commission Resolution No. 3730, entitled:
COMMISSION RESOLUTION NO. 3730
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 682 (LAUREL GLEN
SUBDIVISION, PHASE 1) DECLARING IT TO BE THE INTENTION OF THE CITY
COMMISSION TO CREATE THE DISTRICT FOR THE PURPOSE OF INSTALLING AND
MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS FOR
INSTALLATION, OWNERSHIP, MAINTENANCE AND ENERGY THEREFOR TO
BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT.
Public hearing
Mayor Cetraro opened the public hearing.
Clerk of the Commission Sullivan presented the staff report. She noted that Condition No. 40 for
approval of Phases 1 through 4 of the laurel Glen Subdivision required the installation of street lights, with
the creation of a lighting district being one of the options for doing so. She indicated that, as of this date,
protests have been submitted by the current and future owners of one lot within the subdivision. Those
protests represent less than one-half of one percent of the estimated assessments within the proposed
lighting district.
No one was present to speak in support of, or in opposition to, the creation of the lighting district.
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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 Commission
direct staff to bring back a resolution creating Special Improvement Lighting District No. 682 for Laurel Glen
Subdivision, Phase 1. 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 Appropriateness to allow demolition of detached one-story aaraae and construction
of new two-stOry structure with first floor one-car aaraae and one-car carport and second floor one
bedroom accessory dwellina unit. with deviations to allow the accessory dwellina unit on a lot one
foot less than the reauired 60-foot width and to allow the new structure to encroach 20 feet into the
20-foot rear yard setback and 5 feet into the reauired 5-foot side yard setback. and allow aaraae
vehicle entrance to have 10 feet less than reauired 26 feet of backina way - Peter Belschwender. 516
North Grand Avenue (Z-04208)
This was the time and place set for the continued public hearing on the Certificate of
Appropriateness requested by Peter Belschwender under Application No. Z-04208, to allow demolition of
a detached one-story garage on Lot 2, Block 6, Beall's Third Addition, and construction of a new two-story
structure with first floor one-car garage and one-car carport and second floor one-bedroom accessory
dwelling unit, with deviations from Section 18.16.040, Bozeman Municipal Code, to allow an accessory
dwelling unit on a lot that is one foot less than the required 60-foot width; from Section 18.16.050, to allow
the new structure to encroach 20 feet into the required 20-foot rear yard setback and 5 feet into the required
5-foot side yard setback; and from Section 18.46.020, to allow the vehicle entrance to have 10 feet less than
the required 26 feet of backing way. The subject property is located at 516 North Grand Avenue
Public hearing
Mayor Cetraro reopened the public hearing.
Historic Preservation Planner Bristor presented the staff report. She reminded the Commissioners
that this public hearing was opened at the September 27 meeting and continued to this time to give the
applicant an opportunity to work with staff to address several concerns that had been raised. She provided
an overview of this application, noting three deviations are being requested. Staff has reviewed this
application in light of the applicable criteria, and the comprehensive findings can be found in the written staff
report. Staff recommends denial of the application because of the size, making it historically inappropriate,
and lack of parking on the east side of North Grand Avenue. If the Commission chooses to approve this
application, the conditions listed in the staff report are recommended. Planning staff has received one letter
in opposition.
Peter Belschwender, 516 North Grand Avenue, stated he has worked with staff to get this project
down to requiring only three deviations. The true crux of this matter is how to calculate square footage area.
The International Building Code defines area differently than staff. He pointed out there are three accessory
dwelling units within one block of this proposed unit, and all of them have received deviations. All of the
adjacent neighbors approve of the project as proposed. Mr. Belschwender said he would be willing to
reduce the square footage to less than 600 square feet and reduce the lot coverage by reducing the carport.
No one was present to speak in opposition to this application.
In response to Commissioner inquiries, Historic Planner Bristor agreed there is a pattern of garages
on the alley, close to the setbacks, in this neighborhood; but staff's primary concern is the drastic increase
in building mass and scale. Planning Director Epple added that reducing the size of the accessory dwelling
unit will not address the scale and massing issues.
Commissioner Krauss noted he will not support many accessory dwelling unit applications, including
this one.
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Commissioner Hietala responded he believes the public is demanding these units, and he thinks
the City needs to respond positively. These additions increase the tax base, which is healthy, and clean
up the properties, which makes the neighborhood more attractive. Therefore, he will support this
application.
Commissioner Youngman stated the fact that the neighbors are supportive is very important, but
this project still pushes the envelope pretty far. Staff recommends denial, and she is compelled by staff's
recommendation.
Responding to Commissioner Youngman, the Historic Preservation Planner acknowledged that
accessory dwelling units are appropriate in this area; but in this situation, the combination of scale, mass,
height, and lot width is very different from the established historic pattern.
Planning Director Epple reminded the Commission it asked staff to scrutinize these types of
applications and directed staff to entertain code modifications, which are included in the Unified
Development Ordinance revisions.
Commissioner Krauss stated it is important to retain the 5-foot side yard setback, and Commissioner
Kirchhoff agreed the side yard setback is critical.
Since there were no Commissioner 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 Peter Belschwender under Application No. Z-04208, to allow demolition
of a detached one-story garage on Lot 2, Block 6, Beall's Third Addition, and construction of a new two-story
structure with first floor one-car garage and one-car carport and second floor one-bedroom accessory
dwelling unit, with deviations from Section 18.16.040, Bozeman Municipal Code, to allow an accessory
dwelling unit on a lot that is one foot less than the required 60-foot width; from Section 18.16.050, to allow
the new structure to encroach 20 feet into the required 20-foot rear yard setback and 5 feet into the required
5-foot side yard setback; and from Section 18.46.020, to allow the vehicle entrance to have 10 feet less than
the required 26 feet of backing way, be approved subject to the following conditions:
1. The applicant shall reduce the accessory dwelling unit to 600 square feet or less in
area.
2. The applicant shall reduce the new construction to 25 percent or less in rear lot
coverage, or shall be required to apply and receive approval for a separate
Certificate of Appropriateness with deviations application that specifically identifies
the excess of 25 percent rear lot coverage as a requested deviation.
3. The applicant shall provide additional fenestration on the accessory dwelling unit's
south elevation at the second floor level. A documented change in design shall be
submitted prior to construction for final design review and approval by Administrative
Design Review Staff.
4. The applicant shall provide a 5-foot side yard along the southern perimeter with the
new construction, or shall be required to demonstrate how the required three parking
spaces are met.
5. The applicant shall provide a color and materials palette for final design review and
approval by Administrative Design Review Staff.
6. 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;
7. 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
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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.
8. All code provisions shall be met, the following provisions in particular:
. Per Section 18.42.130, "Fences, Walls and Hedges," all new fences
must conform to code requirements.
. Per Section 18.46.020.F, "Surfacing," all areas intended to be
utilized for permanent parking spaces and driveways shall be paved
with concrete or asphaltic concrete, or approved pavers, to control
dust and drainage.
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.
Certificate of Appropriateness to allow demolition of existina detached aaraae. construction of new
two~storv 680~sauare~foot detached aaraae with second floor storaae and construction of 6~foot~hiah
fence alona north and south property lines with deviations to allow new aaraae to encroach 5 feet
into reauired 15~foot corner side yard setback. allow new aaraae to OCCUpy more than 25 percent
of rear lot area. and allow driveway parkina spaces to have 6 feet less than the reauired 26~foot
backina way ~ Intrinsik for Chad and Danni VanCampen, 323 North Grand Avenue (Z~04242)
This was the time and place set for the public hearing on the Certificate of Appropriateness
requested by Intrinsik, for Chad and Danni VanCampen under Application No. Z-04242, to allow demolition
of the existing detached garage on Lot 1 and the north 9 feet of Lot 4, Block 8, Beall's Addition, construction
of a new two-story, 680-square-foot detached garage with second floor storage, and construction of a 6-foot-
high cedar fence along the north and south property lines with deviations from Section 18.16.050, to allow
the new garage to encroach 5 feet into required 15-foot corner side yard setback; from Section 18.38.050,
to allow the new garage to occupy more than 25 percent of rear lot area; and from Section 18.46.020, to
allow the driveway parking spaces to have 6 feet less than the required 26-foot backing way. The subject
property is located at 323 North Grand Avenue.
Public hearing
Mayor Cetraro opened the public hearing.
Historic Preservation Officer Bristor presented the staff report. She reviewed this application, noting
three deviations are requested, as outlined in the staff report. 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.
Rob Pertzborn, Intrinsik, requested that condition number one be eliminated since this property is
zoned R-4 and the allowable lot coverage is 50 percent. The house, garage, and deck occupy only 44.3
percent of the lot, and the detached garage will occupy only two percent more than the allowable rear lot
area.
No one was present to speak in opposition to this application.
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
Certificate of Appropriateness requested by Intrinsik, for Chad and Oanni VanCampen under Application
No. Z-04242, to allow demolition of the existing detached garage on Lot 1 and the north 9 feet of Lot 4,
Block 8, Beall's Addition, construction of a new two-story, 680-square-foot detached garage with second
floor storage, and construction of a 6-foot-high cedar fence along the north and south property lines with
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deviations from Section 18.16.050, to allow the new garage to encroach 5 feet into required 15-foot corner
side yard setback; from Section 18.38.050, to allow the new garage to occupy more than 25 percent of rear
lot area; and from Section 18.46.020, to allow the driveway parking spaces to have 6 feet less than the
required 26-foot backing way, be approved subject to the following conditions:
1. The applicant shall provide a color and materials palette for final design review and
approval by Administrative Design Review Staff.
2. The applicant shall obtain a building permit and pay all required fees prior to
construction, and within one year of Certificate of Appropriateness approval, or this
approval shall become null and void.
3. This project shall be constructed as approved and conditioned in the Certificate of
Appropriateness with deviations application. Any modifications to the submitted and
approved drawings shall invalidate the project's approval unless the applicant
submits the proposed modifications for review and approval by the Department of
Planning prior to undertaking said modifications, as required by Section 18.64.110
of the Bozeman Municipal Code.
4. 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 ).
. Per Section 18.46.020.F, "Surfacing," all areas intended to be
utilized for permanent parking spaces and driveways shall be paved
with concrete or asphaltic concrete, or approved pavers, to control
dust and drainage.
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.
Break - 8:03 - 8:10 pm
Mayor Cetraro declared a break from 8:03 pm until 8:1 0 pm in accordance with Commission policy.
Preliminarv Plat for Rosa Maior Subdivision - subdivide 39.84 acres into 33 multi-household lots and
99 townhouse lots - C&H Enaineerina for John and Bethanv Rosa lIvina between Durston Road and
West Oak Street west of Cottonwood Road) (P-04041)
This was the time and place set for the public hearing on the preliminary plat for Rosa Major
Subdivision, as requested by C&H Engineering for John and Bethany Rosa under Application No. P-04041 ,
to subdivide 39.84 acres described as Tract B, Certificate of Survey No. 2389, into 33 multi-household lots
and 99 townhouse lots. The subject property lies between Durston Road and West Oak Street, west of
Cottonwood Road.
Public hearing
Mayor Cetraro opened the public hearing.
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Associate Planner Morris presented the staff report, noting 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. She reminded the Commission that staff was directed to work with the
applicants to find a compromise in lieu of condition 4. Connectivity concerns are addressed in the five
options presented to the Commission in their packets. On a vote of 4 in favor, 1 opposed, the Planning
Board did not recommend that the application be approved. The Planning Board did suggest modifying
condition 6c, to add construction of a 31-foot-wide corridor to match the proposed trail on the east side of
Rosa Way and eliminating condition 6d. The Board also suggested the construction of an alley in Block 4
in lieu of condition 6b and the elimination of lots two through five of Block 7. Engineering staff has
recommended three conditions of approval in lieu of condition 4, and those conditions are included in the
written staff report.
Corey Freshee, C & H Engineering, stated there are four items they would like to forward for
discussion and Commission consideration. Regarding Engineering staff's recommendation of three new
conditions to replace condition 4, they are agreeable to the first two conditions; but they would like the
second condition to be modified to allow all building permits to be pulled as of September 15, 2005.
Condition 6c, the corridor on the east side of Rosa Way, they would like to be modified to allow the corridor
to be placed with further development of the property to allow for greater flexibility of unit placement. Mr.
Freshee continued by saying they are proposing 5.63 acres of parkland, and they request that no further
parkland dedication be required in the future. They prefer connectivity option number 4, so that the park
shown on that layout can be retained, as proposed.
Ann Johnston, 929 Mountain Ash, questioned why high-density development was coming to the west
side of town and expressed her feeling that the residents of the north and south sides of town would never
stand still for this type of development. She said this development will be creating a ghetto, with no single-
family homes; and she feels this development would be perfect for single-family homes, creating a family-
oriented west side of town.
Associate Planner Morris responded that the density of this development will be limited by the sewer
capacity.
Responding to Commissioner Kirchhoff's question, Commissioner Krauss stated the Planning Board
did not address the buildout of Durston Road, rather they concentrated on the design of the parks and the
east/west connector for the parkway to the west. The Board had trouble with the way the roads within the
development were designed, so they focused on how they could be improved, which resulted in the five
options included in the Commission packets. An alley was also suggested between Rosa Way and
Parkview Avenue.
Commissioner Kirchhoff suggested a hybrid between Options 2 and 4, to provide an east/west
connector between the cul-de-sac onTwin Lakes Avenue and the parkway. Mr. Freshee responded that
if the Commission is dead set on an east/west connector, they would prefer to construct Option 3, to get
away from the parkway, which is a good addition to the development.
In response to Commissioner Kirchhoff's concerns with Durston Road, Commissioner Krauss stated
he would prefer to construct improvements to Durston Road next year, rather than Babcock Street, because
there is no County cooperation for the improvements to Babcock Street. Commissioner Kirchhoff then
suggested adding the phrase "provided Babcock Street improvements are substantially completed" to
Engineering staff's condition 2, in lieu of condition 4.
Commissioner Hietala questioned the issuance of 50 percent of the subdivision's building permits
by September 15, 2005. Associate Planner Morris pointed out that condition regulates the number of
building permits to be issued, but not the lots that can be built upon, noting the developer could choose to
build out the R-4 lots with those building permits.
Responding to Commission discussion regarding the traffic level of service on Durston Road, Mr.
Freshee noted a Robert Marvin traffic study indicated the level of service will remain at C when both the
Rosa and Flanders Creek subdivisions are at full buildout. Director of Public Service Arkell added it is
anticipated that an additional 3,800 trips per day will be generated at full buildout of both these subdivisions.
The level of service failure occurs at the intersections and already some intersections are at level of service
D, which is the lowest level of service the subregs allow.
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Break - 9:06 - 9:14 Dm
Mayor Cetraro declared a break from 9:06 pm until 9: 14 pm in accordance with Commission policy.
Since there were no Commissioner objections, Mayor Cetraro closed the public hearing.
Decision
It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the preliminary
plat for Rosa Major Subdivision, as requested by C&H Engineering for John and Bethany Rosa under
Application No. P-04041, to subdivide 39.84 acres described as Tract B, Certificate of Survey No. 2389, into
33 multi-household lots and 99 townhouse lots, be approved subject to the following conditions:
1. The developer's engineer will be required to prepare a comprehensive design report
evaluating existing capacity of water and sewer utilities which must be provided to
and approved by the City Engineer. The report must include hydraulic evaluations
of each utility for both existing and post-development demands. The report findings
must demonstrate adequate capacity to serve the full development. The report must
also identify the proposed phasing of water and sewer construction.
If adequate water and/or sewer capacity is not available for full development, the
report must identify necessary water system and sewer system improvements
required for full development. The developer will be responsible to complete the
necessary system improvements to serve the full development.
While the developer's engineer has provided a comprehensive design report
evaluating sewer capacity which has been found acceptable by City Engineering, the
developer's engineer shall confirm the density the report was based upon has not
been exceeded by the proposed development.
The sewer mains for this development shall be connected to the lift station at Laurel
Glen, which shall be modified to accommodate the sewer capacity of the full
development. The lift station will be owned and operated by the City. Maintenance
costs will be paid for by the homeowners by way of a surcharge on their sewer bill.
2. A detailed Traffic Study Report for the Rosa Subdivision has been provided to and
reviewed by the City Engineer's office. Additional information is needed prior to
approval of the improvements. The Traffic Study Report shall also address existing
and projected traffic volumes on Durston Road east of Ferguson Road and level of
service evaluations at the North 19th Avenue and Durston Road intersection. The
need for any traffic impact analysis updates will be identified at the time of pre-
application plan submittal for each subsequent phase.
3. The east-west streets through Laurel Glen shall be continued through the proposed
development.
4. Building permits may be issued for no more than 50 percent of the subdivision, not
to exceed 15.8 net acres, as soon as September 15, 2005 provided Babcock Street
or Durston Road improvements are substantially completed, i.e., the road is being
used, and all other requirements for the issuance of a building permit have been met
(completion and acceptance of necessary infrastructure improvements and the final
plat).
No building permits will be issued for the remaining 50 percent of the subdivision
until the construction contract for improvements to Durston Road from North 19th
Avenue to approximately Fowler Avenue has been awarded.
5. Engineering staff does not support the requested deviation to allow Lot 5, Block 5
and Lot 5, Block 6 access as proposed. Instead, Lot 5 and Lot 4 in Block 6, and Lot
5 and Lot 4 in Block 5, shall have a joint drive access that will be at the joint property
lines. These two accesses shall line up on Rosa Way.
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6. A 5-foot-wide pedestrian walk, with a 1 O-foot wide public access easement, shall be
installed within the subdivision to reduce block lengths in excess of 400 feet long
and to facilitate pedestrian movements.
7. Buildings proposed for construction with crawl spaces or basements shall include
engineer certification regarding depth of ground water and soil conditions and
proposed mitigation methods to be submitted with each building permit. The final
plat shall include a notation that, due to high ground water conditions, full or partial
basements are not recommended.
8. The buildings on Durston Road and West Oak Street shall be oriented so as to front
on the arterial streets.
9. A "no access easement" shall be noted along West Oak Street and Durston Road.
10. The declaration of covenants for the subdivision shall be included in the final plat
submittal to be recorded with the final plat. The draft covenants shall be modified
to reflect the following:
a. Sidewalks are required within three years of the date of final plat
approval.
b. The covenants shall outline the responsibilities of the Homeowners'
Association (HOA) for maintenance of the parkland until such time
that a Park Maintenance District, or similar form of funding, is
established and that maintenance of the ponds, watercourse
setback, and trails will be the continued responsibility of the HOA.
11. The covenants shall reflect that the Architectural Committee shall sign and stamp
all proposed plans prior to submitting for a building permit.
12. The Army Corps of Engineers' approved wetland mitigation plan for Rosa
Subdivision shall be submitted with the final plat application.
13. The subdivider shall naturalize the Baxter Ditch (stream/ditch) by reshaping the
steep ditch sides to accommodate a saturation zone of 5 feet average on either side.
14. The wetland sod, from the wetlands to be filled in Block 5, shall be harvested from
appropriate locations and utilized to revegetate the enhanced saturation zone and
the mitigated and enhanced areas around the ponds. Only native species, free of
weeds and non-native species, shall be harvested as directed under the supervision
of the subdivider's wetland consultant. If there is insufficient sod to revegetate the
enhanced saturation zone and the ponds, then a native seed mix shall be used.
15. An alley shall be constructed in Block 4 to match the pattern of development
proposed in Flanders Creek Subdivision.
16. The 5.66 acres of parkland proposed by the property owner is sufficient and no
additional parkland will be required.
17. Additional street connectivity shall be provided in the northern portion of the
subdivision by extending Parkview Avenue north from Sherwood Way to Oak Street;
providing an east to west connection from the east property line (as an extension of
the east to west road required in Flanders Creek) to Rosa Way; and realigning Rosa
Way as a parkway adjacent to the stream corridor.
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.
11-01-04
- 11 -
Variance to allow parkina areas to encroach 20 feet into reauired 20-foot front vard setback alona
South Church Avenue - Rob Justin for Reider Peterson (602 and 610 South Church Avenue)
(C-04005)
This was the time and place set for the public hearing on the variance from Section 18.46.010.E.
of the Bozeman Municipal Code, as requested by Rob Justin for Reider Peterson under Application No.
C-04005, to allow parking areas on Lots 16 through 22, Block 3, Electric Heights Addition, to encroach 20
feet into the required 20-foot front yard setback along South Church Avenue. The subject property is
located at 602 and 610 South Church Avenue.
Public hearing.
Mayor Cetraro opened the public hearing.
Assistant Planner Ehreth presented the staff report. He noted the variance is to allow encroachment
of parking 20 feet into the required 20-foot front yard setback. Staff has reviewed this application in light
of the applicable criteria and recommends conditional approval. Staff's written, comprehensive findings can
be found in the staff report.
Responding to Commissioner Krauss, Assistant Planner Ehreth noted the applicant cannot provide
the required parking without this variance due to topographical issues associated with this site.
No public comment in opposition to this application was received.
Since there were no Commissioner objections, Mayor Cetraro closed the public hearing.
Decision.
It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the variance
from Section 18.46.01 O.E. of the Bozeman Municipal Code, as requested by Rob Justin for Reider Peterson
under Application No. C-04005, to allow parking areas on Lots 16 through 22, Block 3, Electric Heights
Addition, to encroach 20 feet into the required 20-foot front yard setback along South Church Avenue be
approved subject to the following conditions:
1. The final site plan shall be adequately dimensioned.
2. A Stormwater Drainage/Treatment Grading Plan and Maintenance Plan for a system
designed to remove solids, silt, oils, grease, and other pollutants must be provided
to, and approved by, the City Engineer. The plan must demonstrate adequate site
drainage (including sufficient spot elevations), stormwater detention/retention basin
details (including basin sizing and discharge calculations, and discharge structure
details), stormwater discharge destination, and a stormwater maintenance plan.
A stormwater easement must be established on the adjacent property and filed with
the County Clerk and Recorder's Office for the retention pond and discharge course
if located off the subject property.
3. Typical curb details (Le., raised and/or drop curbs) and typical asphalt paving section
detail shall be provided to, and approved by, the City Engineer. Concrete curbing
shall be provided around the entire new parking lot perimeter and adequately
identified on the final site plan.
4. Adequate snow storage areas must be designated outside the sight triangles, but
on the subject property (unless a snow storage easement is obtained for a location
off the property and filed with the County Clerk and Recorder's office).
5. All code provisions shall be met, the following provisions in particular:
. Per Section 18.46.020. "Stall, Aisle and Driveway Design," all
parking stalls shall be standard parking stalls, which require a 9-foot
wide by 20-foot long stall with 26-foot wide drive aisle widths.
11-01-04
.._-". - ....------- . ..____.____._...._... ". _________._._._ .__._un__.._.._
- 12 -
Additionally, concrete sidewalks a minimum of 3 feet in width shall
be provided between any existing or proposed building and adjacent
parking lot. Where sidewalk curbs serve as wheel stops, an
additional 2 feet of sidewalk width is required. Where it is impractical
to utilize sidewalks around the perimeter of the parking lot, parking
lot curbing shall be provided.
All areas intended to be utilized for permanent parking spaces and
driveways shall be paved with concrete or asphaltic concrete, or
approved pavers, to control dust and drainage.
. Per Section 18.48.050, "Mandatory Landscape Provisions," the
mandatory landscape requirements shall be provided for the parking
area, which include: one large canopy tree; or one large non-canopy
tree and one small tree; or three small trees for each nine parking
stalls.
. Per Section 18.42.170, "Trash and Garbage Enclosures," trash
enclosures shall not be located in required front yards.
. Per Section 18.42.130, "Fences, Walls and Hedges," fences shall
not exceed 4 feet in height within any required front yard.
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.
Preliminary plat for Flanders Creek Subdivision - subdivide 39.92 acres into 34 sinale-household
lots. 72 townhouse lots and 8 residential-office lots (at northwest corner of Durston Road and
Cottonwood Road extended) - C&H Enaineerina for Balian Properties (Z-04037)
This was the time and place set for the decision on the preliminary plat for the Flanders Creek
Subdivision, as requested by C&H Engineering for Balian Properties under Application No. 2-04037, to
subdivide 39.92 acres described as Tract A, Certificate of Survey No. 2389, into 34 single-household lots,
72 townhouse lots and 8 residential-office lots. The sUbject property is located at the northwest corner of
the intersection of Durston Road and Cottonwood Road extended.
Dennis Balian, applicant, said they would be happy to contribute the $14,400 toward the Durston
Road SID project, even though it was more than they had in mind; however, they have no control over
Babcock Street and do not want this project tied to the improvement of Babcock Street. They are requesting
a date certain of September 15, 2005 for the issuance of 50 percent, 15.8 acres, of the building permits, as
well as a date certain for the remaining 50 percent of the permits to be issued. Mr. Balian stated they are
agreeable to the 25-foot corridor connecting to the park, but ask that the City not require an east/west street.
They are also requesting that 5.23 acres be the final parkland requirement for this subdivision.
Commissioner Krauss voiced his preference for street design Option 4, while Commissioner
Kirchhoff stated his preference for Option 1 to ensure better ingress and egress for the larger, multi-family
lots.
Commissioner Youngman pointed out Option 4 does improve the circulation, even without having
an east/west connection. It is desirable to break up the large parcels of R-4, which the north/south
roadways provide.
Commissioner Hietala agreed that Option 4 is preferable.
Commissioner Kirchhoff suggested a change to condition number 2 of the conditions proposed by
Engineering staff in lieu of condition 4, to include the phrase "provided that improvements to either Babcock
Street or Durston Road are substantially completed", which means the street is being used and there are
just a few things that need to be completed.
11-01 -04
.-. -.---..--- .. .-- --. .---
- 13 -
All the Commissioners agreed on the sufficiency of the parkland proposed.
Decision
It was moved by Commissioner Kirchhoff, seconded by Commissioner Krauss, that the preliminary
plat for the Flanders Creek Subdivision, as requested by C&H Engineering for Balian Properties under
Application No. 2-04037, to subdivide 39.92 acres described as TradA, Certificate of Survey No. 2389, into
34 single-household lots, 72 townhouse lots and 8 residential-office lots be approved sUbject to the following
conditions:
1. The developer's engineer will be required to prepare a comprehensive design report
evaluating existing capacity of water and sewer utilities which must be provided to,
and approved by, the City Engineer. The report must include hydraulic evaluations
of each utility for both existing and post-development demands. The report findings
must demonstrate adequate capacity to serve the full development. The report must
also identify the proposed phasing of water and sewer construction.
If adequate water and/or sewer capacity is not available for full development, the
report must identify necessary water system and sewer system improvements
required for full development. The developer will be responsible to complete the
necessary system improvements to serve the full development.
The sewer mains for this development shall be connected to the lift station at Laurel
Glen, which shall be modified to accommodate the sewer capacity of the full
development. The lift station will be owned and operated by the City. Maintenance
costs will be paid for by the homeowners by way of a surcharge on their sewer bill.
2. A detailed Traffic Study Report for the Flanders Creek Subdivision has been
provided to, and reviewed by, the City Engineer's office. Additional information is
needed prior to approval of the improvements. The Traffic Study Report shall also
address existing and projected traffic volumes on Durston Road east of Ferguson
Road and level of service evaluations at the North 19th Avenue and Durston Road
intersection.
3. The east-west streets through Laurel Glen shall be continued through the proposed
development.
4. a. A contribution of $14,400 will be made toward the Durston Road project
from North 19th Avenue to approximately Fowler Avenue.
b. Building permits may be issued for no more than 50 percent of the
subdivision, not to exceed 15.8 net acres, as soon as September 15,
2005 provided Babcock Street or Durston Road improvements are
substantiallv completed. i.e. the road is beina used, and all other
requirements for the issuance of a building permit have been met,
(completion and acceptance of necessary infrastructure improvements
and the final plat).
c. No building permits will be issued for the remaining 50 percent of the
subdivision until the construction contract for improvements to
Durston Road from North 19th Avenue to approximately Fowler Avenue
has been awarded.
5. Engineering staff does not support the requested deviation to allow Lot 1, Block 5
access as proposed. Instead a joint access shall be provided at Lots 1 and 2, Block
5 that lines up with the alley and at Lots 7 and 8, Block 5 that lines up with the alley.
6. The linear park south of Lot 1, Block 1, adjacent to Durston Road will not be
accepted as parkland.
11-01-04
.--
- 14 -
7. A 5-foot-wide pedestrian walk with a 10-foot-wide public access easement shall be
installed within the subdivision to reduce block lengths in excess of 400 feet long
and to facilitate pedestrian movements from the end of the cul-de-sac on Twin
Lakes Avenue to the West Oak Street sidewalk, from Cottonwood Road to the west
property line through Block 5, and from Cottonwood Road to the west property line
through Blocks 4 and 6.
8. The final plat shall contain a plat note and the covenants shall indicate that Lot 1,
Block 1 shall provide additional parkland adjacent to the existing park at the time of
further development or further subdivision.
9. Buildings proposed for construction with crawl spaces or basements shall include
engineer certification regarding depth of ground water and soil conditions and
proposed mitigation methods to be submitted with each building permit. The final
plat shall include a notation that, due to high ground water conditions, full or partial
basements are not recommended.
10. The property owner shall record with the County Clerk and Recorder's office
executed Waivers of Right to Protest Creation of SIDs to be filed with the final plat
for a City-wide Parks Maintenance District
11. The declaration of covenants for the subdivision shall be included in the final plat
submittal to be recorded with the final plat. The draft covenants shall be modified
to reflect the following:
a. Sidewalks are required within three years of the date of final plat
approval (page 9).
b. The average setback from the alley may be as much as 26 feet to
account for backing distance and parking stalls behind the garage
(page 9).
c. The 1,200 square foot minimum house size is not compatible with
the floor to area ratio for a single household residence on a
townhouse lot (page 13).
d. The covenants shall outline the responsibilities of the Homeowners'
Association for maintenance of the parkland until such time that a
Park Maintenance District, or similar form of funding, is established
and that maintenance of the ponds, watercourse setback, and trails
will be the continued responsibility of the HOA (pages 33-34).
12. The covenants shall reflect that the Architectural Committee shall sign and stamp
all proposed plans prior to submitting for a building permit.
13. The Army Corps of Engineers approved Wetland Mitigation Plan for Flanders Creek
Subdivision shall be submitted with the final plat application.
14. The subdivider shall naturalize the Baxter Ditch (stream/ditch) by reshaping the
steep ditch sides to accommodate a saturation zone of 5 feet average on either side.
15. The wetland sod, from the three isolated (nonjurisdictional) wetlands to be filled,
shall be harvested from appropriate locations and utilized to revegetate the
enhanced saturation zone and the mitigated and enhanced areas around the ponds.
Only native species, free of weeds, and non-native species shall be harvested as
directed under the supervision of the subdivider's wetland consultant. If there is
insufficient sod to revegetate the enhanced saturation zone and the ponds, then a
native seed mix shall be used.
16. Lots 4 and 5, Block 7, shall be removed and the area added as parkland.
17. The 5.23 acres of parkland proposed by the property owner is sufficient and no
additional parkland will be required.
11-01-04
._ _u___ ".. ._.._ _..__n__.___u_____.___...._.___.__.__.._....__...____.._____..__. ..--......--.-...
- 15 -
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Kirchhoff, Commissioner Hietala, Commissioner Youngman, and Mayor Cetraro; those voting No being
Commissioner Krauss.
It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that street design
Option 4 be utilized to provide greater street connectivity. The motion failed by the following Aye and No
vote: those voting Aye being Commissioner Krauss and Mayor Cetraro; those voting No being
Commissioner Hietala, Commissioner Youngman, and Commissioner Kirchhoff.
It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the preliminary
plat for the Flanders Creek Subdivision, as requested by C&H Engineering for Balian Properties under
Application No. 2-04037, to subdivide 39.92 acres described as Tract A, Certificate of Survey No. 2389, into
34 single-household lots, 72 townhouse lots and 8 residential-office lots, be approved subject to the
following conditions:
1. The developer's engineer will be required to prepare a comprehensive design report
evaluating existing capacity of water and sewer utilities which must be provided to,
and approved by, the City Engineer. The report must include hydraulic evaluations
of each utility for both existing and post-development demands. The report findings
must demonstrate adequate capacity to serve the full development. The report must
also identify the proposed phasing of water and sewer construction.
If adequate water and/or sewer capacity is not available for full development, the
report must identify necessary water system and sewer system improvements
required for full development. The developer will be responsible to complete the
necessary system improvements to serve the full development.
The sewer mains for this development shall be connected to the lift station at Laurel
Glen, which shall be modified to accommodate the sewer capacity of the full
development. The lift station will be owned and operated by the City. Maintenance
costs will be paid for by the homeowners by way of a surcharge on their sewer bill.
2. A detailed Traffic Study Report for the Flanders Creek Subdivision has been
provided to, and reviewed by, the City Engineer's office. Additional information is
needed prior to approval of the improvements. The Traffic Study Report shall also
address existing and projected traffic volumes on Durston Road east of Ferguson
Road and level of service evaluations at the North 19th Avenue and Durston Road
intersection.
3. The east-west streets through Laurel Glen shall be continued through the proposed
development.
4. a. A contribution of $14,400 will be made toward the Durston Road project from
North 19th Avenue to approximately Fowler Avenue.
b. Building permits may be issued for no more than 50 percent of the
subdivision, not to exceed 15.8 net acres, as soon as September 15, 2005
provided Babcock Street or Durston Road improvements are substantially
completed, i.e., the road is being used, and all other requirements for the
issuance of a building permit have been met, (completion and acceptance
of necessary infrastructure improvements and the final plat).
c. No building permits will be issued for the remaining 50 percent of the
subdivision until the construction contract for improvements to Durston Road
from North 19th Avenue to approximately Fowler Avenue has been awarded.
5. Engineering staff does not support the requested deviation to allow Lot 1, Block 5
access as proposed. Instead a joint access shall be provided at Lots 1 and 2, Block
5 that lines up with the alley and at Lots 7 and 8, Block 5 that lines up with the alley.
11-01-04
- 16 -
6. The linear park south of Lot 1, Block 1, adjacent to Durston Road will not be
accepted as parkland.
7. A five-foot-wide pedestl iBn vvBilk vvith Bi ten-root-wide public Bicce88 eflsement shBiIl
be instfllled v4'itnin tne 8ubdivi8ion to reduce block lengths in exceS8 of 400 feet long
Bind to fBicilitBte pedestrifln movement3 from the end of the cui-de sac on Twin
Lakes Avenue to the West Oak Gtreet sidewalk, from Cottonvvood ROBid to the '{v'est
property line through Dlock 5 and fron, Cottonwood f10fld to the vvest property line
through Dlocks 4 Bind G.
8. Additional street connectivity shall be provided in the northern portion of the
subdivision by extending Parkview Avenue north from Sherwood Way to Oak
Street and providing an east to west connection from the cul-de-sac at the end
of Twin lakes Avenue to the west property line.
9. The final plat shall contain a plat note and the covenants shall indicate that Lot 1,
Block 1 shall provide additional parkland adjacent to the existing park at the time of
further development or further subdivision.
10. Buildings proposed for construction with crawl spaces or basements shall include
engineer certification regarding depth of ground water and soil conditions and
proposed mitigation methods to be submitted with each building permit. The final
plat shall include a notation that, due to high ground water conditions, full or partial
basements are not recommended.
11. The property owner shall record with the County Clerk and Recorder's office
executed Waivers of Right to Protest Creation of SIDs to be filed with the final plat
for a City-wide Parks Maintenance District
12. The declaration of covenants for the subdivision shall be included in the final plat
submittal to be recorded with the final plat. The draft covenants shall be modified
to reflect the following:
a. Sidewalks are required within three years of the date of final plat
approval (page 9).
b. The average setback from the alley may be as much as 26 feet to
account for backing distance and parking stalls behind the garage
(page 9).
c. The 1,200 square foot minimum house size is not compatible with
the floor to area ratio for a single household residence on a
townhouse lot (page 13).
d. The covenants shall outline the responsibilities of the Homeowners'
Association for maintenance of the parkland until such time that a
Park Maintenance District, or similar form of funding, is established
and that maintenance of the ponds, watercourse setback, and trails
will be the continued responsibility of the HOA (pages 33-34).
13. The covenants shall reflect that the Architectural Committee shall sign and stamp
all proposed plans prior to submitting for a building permit.
14. The Army Corps of Engineers approved Wetland Mitigation Plan for Flanders Creek
Subdivision shall be submitted with the final plat application.
15. The subdivider shall naturalize the Baxter Ditch (stream/ditch) by reshaping the
steep ditch sides to accommodate a saturation zone of 5 feet average on either side.
16. The wetland sod, from the three isolated (nonjurisdictional) wetlands to be filled,
shall be harvested from appropriate locations and utilized to revegetate the
enhanced saturation zone and the mitigated and enhanced areas around the ponds.
Only native species, free of weeds, and non-native species shall be harvested as
directed under the supervision of the subdivider's wetland consultant. If there is
11-01-04
. -...-......-.---- ..__n__...____
-17 -
insufficient sod to revegetate the enhanced saturation zone and the ponds, then a
native seed mix shall be used.
17. Lots 4 and 5, Block 7, shall be removed and the area added as parkland.
18. The 5.23 acres of parkland proposed by the property owner is sufficient and no additional
parkland will be required.
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.
It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the preliminary
plat for the Flanders Creek Subdivision, as requested by C&H Engineering for Balian Properties under
Application No. Z-04037, to subdivide 39.92 acres described as Tract A, Certificate of Survey No. 2389, into
34 single-household lots, 72 townhouse lots and 8 residential-office lots, be approved subject to the
following conditions:
1. The developer's engineer will be required to prepare a comprehensive design report
evaluating existing capacity of water and sewer utilities which must be provided to,
and approved by, the City Engineer. The report must include hydraulic evaluations
of each utility for both existing and post-development demands. The report findings
must demonstrate adequate capacity to serve the full development. The report must
also identify the proposed phasing of water and sewer construction.
If adequate water and/or sewer capacity is not available for full development, the
report must identify necessary water system and sewer system improvements
required for full development. The developer will be responsible to complete the
necessary system improvements to serve the full development.
The sewer mains for this development shall be connected to the lift station at Laurel
Glen, which shall be modified to accommodate the sewer capacity of the full
development. The lift station will be owned and operated by the City. Maintenance
costs will be paid for by the homeowners by way of a surcharge on their sewer bill.
2. A detailed Traffic Study Report for the Flanders Creek Subdivision has been
provided to, and reviewed by, the City Engineer's office. Additional information is
needed prior to approval of the improvements. The Traffic Study Report shall also
address existing and projected traffic volumes on Durston Road east of Ferguson
Road and level of service evaluations at the North 19th Avenue and Durston Road
intersection.
3. The east-west streets through Laurel Glen shall be continued through the proposed
development.
4. A contribution of $14,400 will be made toward the Durston Road project from North
19th Avenue to approximately Fowler Avenue.
Building permits may be issued for no more than 50 percent of the subdivision, not
to exceed 15.8 net acres, as soon as September 15, 2005 provided Babcock Street
or Durston Road improvements are substantially completed, i.e., the road is being
used, and all other requirements for the issuance of a building permit have been
met, (completion and acceptance of necessary infrastructure improvements and the
final plat).
No building permits will be issued for the remaining 50 percent of the subdivision
until the construction contract for improvements to Durston Road from North 19th
Avenue to approximately Fowler Avenue has been awarded.
11-01-04
---- ...-..--.-.-- .. ......--...-----
- 1B -
5. Engineering staff does not support the requested deviation to allow Lot 1, Block 5
access as proposed. Instead a joint access shall be provided at Lots 1 and 2, Block
5 that lines up with the alley and at Lots 7 and B, Block 5 that lines up with the alley.
6. The linear park south of Lot 1, Olock 1, adjacent to Dur:~ton Road vvill not be
accepted as parkland.
7. Additional street connectivity shall be provided in the northern portion of the
subdivision by extending Parkview Avenue north from Sherwood Way to Oak Street
and providing an east to west connection from the cul-de-sac at the end of Twin
Lakes Avenue to the west property line.
B. The final plat shall contain a plat note and the covenants shall indicate that Lot 1,
Block 1, shall provide additional parkland adjacent to the existing park at the time
of further development or further subdivision.
9. Buildings proposed for construction with crawl spaces or basements shall include
engineer certification regarding depth of ground water and soil conditions and
proposed mitigation methods to be submitted with each building permit. The final
plat shall include a notation that, due to high ground water conditions, full or partial
basements are not recommended.
10. The property owner shall record with the County Clerk and Recorder's office
executed Waivers of Right to Protest Creation of SIDs to be filed with the final plat
for a City-wide Parks Maintenance District
11. The declaration of covenants for the subdivision shall be included in the final plat
submittal to be recorded with the final plat. The draft covenants shall be modified
to reflect the following:
a. Sidewalks are required within three years of the date of final plat
approval (page 9).
b. The average setback from the alley may be as much as 26 feet to
account for backing distance and parking stalls behind the garage
(page 9).
c. The 1,200 square foot minimum house size is not compatible with
the floor to area ratio for a single household residence on a
townhouse lot (page 13).
d. The covenants shall outline the responsibilities of the Homeowners'
Association for maintenance of the parkland until such time that a
Park Maintenance District, or similar form of funding, is established
and that maintenance of the ponds, watercourse setback, and trails
will be the continued responsibility of the HOA (pages 33-34).
12. The covenants shall reflect that the Architectural Committee shall sign and stamp
all proposed plans prior to submitting for a building permit.
13. The Army Corps of Engineers approved Wetland Mitigation Plan for Flanders Creek
Subdivision shall be submitted with the final plat application.
14. The subdivider shall naturalize the Baxter Ditch (stream/ditch) by reshaping the
steep ditch sides to accommodate a saturation zone of 5 feet average on either side.
15. The wetland sod, from the three isolated (nonjurisdictional) wetlands to be filled,
shall be harvested from appropriate locations and utilized to revegetate the
enhanced saturation zone and the mitigated and enhanced areas around the ponds.
Only native species, free of weeds, and non-native species shall be harvested as
directed under the supervision of the subdivider's wetland consultant. If there is
insufficient sod to revegetate the enhanced saturation zone and the ponds, then a
native seed mix shall be used.
11-01-04
-----..---- ..
- 19 -
16. Lots 4 and 5, Block 7, shall be removed and the area added as parkland.
17. The 5.23 acres of parkland proposed by the property owner is sufficient and no
additional parkland will be required.
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.
Following discussion with Mr. Balian, it was moved by Commissioner Kirchhoff, seconded by
Commissioner Hietala, that the preliminary plat for the Flanders Creek Subdivision, as requested by C&H
Engineering for Balian Properties under Application No. Z-04037, to subdivide 39.92 acres described as
Tract A, Certificate of Survey No. 2389, into 34 single-household lots, 72 townhouse lots and 8 residential-
office lots, be approved subject to the following conditions:
1. The developer's engineerwill be required to prepare a comprehensive design report
evaluating existing capacity of water and sewer utilities which must be provided to,
and approved by, the City Engineer. The report must include hydraulic evaluations
of each utility for both existing and post-development demands. The report findings
must demonstrate adequate capacity to serve the full development. The report must
also identify the proposed phasing of water and sewer construction.
If adequate water and/or sewer capacity is not available for full development, the
report must identify necessary water system and sewer system improvements
required for full development. The developer will be responsible to complete the
necessary system improvements to serve the full development.
The sewer mains for this development shall be connected to the lift station at Laurel
Glen, which shall be modified to accommodate the sewer capacity of the full
development. The lift station will be owned and operated by the City. Maintenance
costs will be paid for by the homeowners by way of a surcharge on their sewer bill.
2. A detailed Traffic Study Report for the Flanders Creek Subdivision has been
provided to, and reviewed by, the City Engineer's office. Additional information is
needed prior to approval of the improvements. The Traffic Study Report shall also
address existing and projected traffic volumes on Durston Road east of Ferguson
Road and level of service evaluations at the North 19th Avenue and Durston Road
intersection.
3. The east-west streets through Laurel Glen shall be continued through the proposed
development.
4. A cOI,tribution of $14,400 v~ill be n'Bde tOVv"Brd the Dur8ton ROBd project from ~Jorth
19th Avenue to Bpploxin,8tely rOvvler A.tenue.
Building permits may be issued for no more than 50 percent of the subdivision, not
to exceed 15.8 net acres, as soon as September 15, 2005 provided Babcock Street
or Durston Road improvements are substantially completed, i.e., the road is being
used, and all other requirements for the issuance of a building permit have been
met, (completion and acceptance of necessary infrastructure improvements and the
final plat).
No building permits will be issued for the remaining 50 percent of the subdivision
until the construction contract for improvements to Durston Road from North 19th
Avenue to approximately Fowler Avenue has been awarded.
5. Engineering staff does not support the requested deviation to allow Lot 1, Block 5
access as proposed. Instead a joint access shall be provided at Lots 1 and 2, Block
5 that lines up with the alley and at Lots 7 and 8, Block 5 that lines up with the alley.
11-01-04
._.__."._~....
- 20-
6. Additional street connectivity shall be provided in the northern portion of the
subdivision by extending Parkview Avenue north from Sherwood Way to Oak Street
and providing an east to west connection from the cul-de-sac at the end of Twin
Lakes Avenue to the west property line.
7. The final plat shall contain a plat note and the covenants shall indicate that Lot 1,
Block 1 shall provide additional parkland adjacent to the existing park at the time of
further development or further subdivision.
8. Buildings proposed for construction with crawl spaces or basements shall include
engineer certification regarding depth of ground water and soil conditions and
proposed mitigation methods to be submitted with each building permit. The final
plat shall include a notation that, due to high ground water conditions, full or partial
basements are not recommended.
9. The property owner shall record with the County Clerk and Recorder's office
executed Waivers of Right to Protest Creation of SIDs to be filed with the final plat
for a City-wide Parks Maintenance District
10. The declaration of covenants for the subdivision shall be included in the final plat
submittal to be recorded with the final plat. The draft Covenants shall be modified
to reflect the following:
a. Sidewalks are required within 3 years of the date of final plat
approval (page 9).
b. The average setback from the alley may be as much as 26 feet to
account for backing distance and parking stalls behind the garage
(page 9).
c. The 1,200 square foot minimum house size is not compatible with
the floor to area ratio for a single household residence on a
townhouse lot (page 13).
d. The covenants shall outline the responsibilities of the Homeowners'
Association for maintenance of the parkland until such time that a
Park Maintenance District, or similar form of funding, is established
and that maintenance of the ponds, watercourse setback and trails
will be the continued responsibility of the HOA (pages 33-34).
11. The covenants shall reflect that the Architectural Committee shall sign and stamp
all proposed plans prior to submitting for a building permit.
12. The Army Corps of Engineers approved Wetland Mitigation Plan for Flanders Creek
Subdivision shall be submitted with the final plat application.
13. The subdivider shall naturalize the Baxter Ditch (stream/ditch) by reshaping the
steep ditch sides to accommodate a saturation zone of 5 feet average on either side.
14. The wetland sod, from the three isolated (nonjurisdictional) wetlands to be filled,
shall be harvested from appropriate locations and utilized to revegetate the
enhanced saturation zone and the mitigated and enhanced areas around the ponds.
Only native species, free of weeds, and non-native species shall be harvested as
directed under the supervision of the subdivider's wetland consultant. If there is
insufficient sod to revegetate the enhanced saturation zone and the ponds then a
native seed mix shall be used.
15. Lots 4 and 5, Block 7, shall be removed and the area added as parkland.
16. The 5.23 acres of parkland proposed by the property owner is sufficient and no additional
parkland will be required.
11-01-04
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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.
It was then moved by Commissioner Hietala, seconded by Commissioner Krauss, that the
preliminary plat for the Flanders Creek Subdivision, as requested by C&H Engineering for Balian Properties
under Application No. 2-04037, to subdivide 39.92 acres described as Tract A, Certificate of Survey No.
2389, into 34 single-household lots, 72 townhouse lots and 8 residential-office lots, be approved subject to
the following conditions:
1. The developer's engineer will be required to prepare a comprehensive design report
evaluating existing capacity of water and sewer utilities, which must be provided to,
and approved by, the City Engineer. The report must include hydraulic evaluations
of each utility for both existing and post-development demands. The report findings
must demonstrate adequate capacity to serve the full development. The report must
also identify the proposed phasing of water and sewer construction.
If adequate water and/or sewer capacity is not available for full development, the
report must identify necessary water system and sewer system improvements
required for full development. The developer will be responsible to complete the
necessary system improvements to serve the full development.
The sewer mains for this development shall be connected to the lift station at Laurel
Glen, which shall be modified to accommodate the sewer capacity of the full
development. The lift station will be owned and operated by the City. Maintenance
costs will be paid for by the homeowners by way of a surcharge on their sewer bill.
2. A detailed Traffic Study Report for the Flanders Creek Subdivision has been
provided to and reviewed by the City Engineer's office. Additional information is
needed prior to approval of the improvements. The Traffic Study Report shall also
address existing and projected traffic volumes on Durston Road east of Ferguson
Road and level of service evaluations at the North 19th Avenue and Durston Road
intersection.
3. The east-west streets through Laurel Glen shall be continued through the proposed
development.
4. Building permits may be issued for no more than 50 percent of the subdivision, not
to exceed 15.8 net acres, as soon as September 15,2005 provided Babcock Street
or Durston Road improvements are substantially completed, i.e., the road is being
used, and all other requirements for the issuance of a building permit have been met
(completion and acceptance of necessary infrastructure improvements and the final
plat).
No building permits will be issued for the remaining 50 percent of the subdivision
until the construction contract for improvements to Durston Road from North 19th
Avenue to approximately Fowler Avenue has been awarded.
5. Engineering staff does not support the requested deviation to allow Lot 1, Block 5
access as proposed. Instead a joint access shall be provided at Lots 1 and 2, Block
5 that lines up with the alley and at Lots 7 and 8, Block 5 that lines up with the alley.
6. Additional street connectivity shall be provided in the northern portion of the
subdivision by extending Parkview Avenue north from Sherwood Way to Oak Street
and providing an east to west connection from the cul-de-sac at the end of Twin
Lakes Avenue to the west property line.
7. The final plat shall contain a plat note and the covenants shall indicate that Lot 1,
Block 1 shall provide additional parkland adjacent to the existing park at the time of
further development or further subdivision.
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8. Buildings proposed for construction with crawl spaces or basements shall include
an engineer certification regarding depth of ground water and soil conditions and
proposed mitigation methods to be submitted with each building permit. The final
plat shall include a notation that, due to high ground water conditions, full or partial
basements are not recommended.
9. The property owner shall record with the County Clerk and Recorder's office
executed Waivers of Right to Protest Creation of SIDs to be filed with the final plat
for a City-wide Parks Maintenance District
10. The declaration of covenants for the subdivision shall be included in the final plat
submittal to be recorded with the final plat. The draft covenants shall be modified
to reflect the following:
a. Sidewalks are required within three years of the date of final plat
approval (page 9).
b. The average setback from the alley may be as much as 26 feet to
account for backing distance and parking stalls behind the garage
(page 9).
c. The 1,200 square foot minimum house size is not compatible with
the floor to area ratio for a single household residence on a
townhouse lot (page 13).
d. The covenants shall outline the responsibilities of the Homeowners'
Association for maintenance of the parkland until such time that a
Park Maintenance District, or similar form of funding, is established
and that maintenance of the ponds, watercourse setback, and trails
will be the continued responsibility of the HOA (pages 33-34).
11. The covenants shall reflect that the Architectural Committee shall sign and stamp
all proposed plans prior to submitting for a building permit.
12. The Army Corps of Engineers approved Wetland Mitigation Plan for Flanders Creek
Subdivision shall be submitted with the final plat application.
13. The subdivider shall naturalize the Baxter Ditch (stream/ditch) by reshaping the
steep ditch sides to accommodate a saturation zone of 5 feet average on either side.
14. The wetland sod, from the three isolated (nonjurisdictional) wetlands to be filled,
shall be harvested from appropriate locations and utilized to revegetate the
enhanced saturation zone and the mitigated and enhanced areas around the ponds.
Only native species, free of weeds, and non-native species shall be harvested as
directed under the supervision of the subdivider's wetland consultant. If there is
insufficient sod to revegetate the enhanced saturation zone and the ponds, then a
native seed mix shall be used.
15. Lots 4 and 5, Block 7 shall be removed and the area added as parkland.
16. The 5.23 acres of parkland proposed by the property owner is sufficient and no
additional parkland will be 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 plat for one-lot minor subdivision with a remainder. subdivide 9.24::t acres into one
residential lot with a remainder. Allied Engineerina for Carl Vandermolen (alona south side of Baxter
Lane approximatelv % mile west of its intersection with North 19th Avenue) (P-04024)
This was the time and place set for review of the preliminary plat requested by Allied Engineering
for Carl Vandermolen under Application No. P-04024 for a minor subdivision to subdivide 9.24:t acres
11-01-04
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described as a portion of Tract 2, Certificate of Survey No. 1256, into a one-lot minor subdivision with a
remainder parcel. The subject property is located along the south side of Baxter lane, approximately one-
quarter mile west of its intersection with North 19th Avenue.
Included in the Commissioners' packets was a memo requesting that this public hearing be
continued to November 15.
Public hearing.
Mayor Cetraro opened the public hearing.
It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the public
hearing be continued to November 15, 2004 per the applicant's request. 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.
Commission Resolution No. 3743 - ioint resolution for intent to create SID No. 683. imDrovements
to West Babcock Street between West Main Street and Yellowstone Avenue
Included in the Commissioners' packets was a copy of joint County Commission Resolution No.
2004-142 and City Commission Resolution No. 3743, entitled:
COUNTY COMMISSION RESOLUTION NO. 2004-142
CITY COMMISSION RESOLUTION NO. 3743
A JOINT RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AND THE BOARD OF COUNTY COMMISSIONERS OF GALLATIN COUNTY,
MONTANA, RELATING TO THE CREATION BY THE CITY OF BOZEMAN OF AN
EXTENDED SPECIAL IMPROVEMENT DISTRICT NO. 683.
Director of Public Service Arkell noted the County Commission unanimously voted to not adopt this
joint resolution, so it cannot be approved by the City Commission. The County Commissioners feel the
proposed method of assessment is not fair for County residents; it should be a lot assessment rather than
an area assessment.
Larry Ellison, 3301 West Babcock Street, said he doesn't object to paying his fair share; but the
disparity between county and city residents' assessments are too great. He doesn't believe the City is
putting up near enough money for this project since 92 percent of the traffic is being generated from City
development.
Kenny Laudato, 21 Valley Drive, said he, too, is willing to pay his fair share because someone is
going to get killed on this road. However, the square footage assessment for his larger acreage is too high
for his fixed income. He agrees the City is the one who has created the problem by allowing numerous
developments, and the City needs to propose a better equality of assessment.
It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that Commission
Resolution No. 3743, the joint resolution stating the intent to create Special Improvement District No. 683,
not be adopted. 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.
Commission Resolution No. 3744 - resolution of intent to create SID No. 683. imDrovements to West
Babcock Street between West Main Street and Yellowstone Avenue
Included in the Commissioners' packets was a copy of Commission Resolution No. 3744, entitled:
11-01-04
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COMMISSION RESOLUTION NO. 3744
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, RELATING
TO SPECIAL IMPROVEMENT DISTRICT NO. 683; DECLARING IT TO BE THE
INTENTION OF THE CITY COMMISSION TO CREATE THE EXTENDED DISTRICT FOR
THE PURPOSE OF UNDERTAKING CERTAIN LOCAL IMPROVEMENTS AND
FINANCING THE COSTS THEREOF AND INCIDENTAL THERETO THROUGH THE
ISSUANCE OF SPECIAL IMPROVEMENT DISTRICT BONDS SECURED BY THE CITY'S
SPECIAL IMPROVEMENT DISTRICT REVOLVING FUND AND ESTABLISHING
COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL
REVENUE CODE.
Distributed just prior to the meeting were copies of a letter from Kenneth J. Tiahrt and an e-mail
message from Deb Stober.
It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that Commission
Resolution No. 3743, stating the intent to create Special Improvement District No. 683, not be adopted. 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.
Executive Session re personnel
At 10:49 p.m., Mayor Cetraro announced that, pursuant to Section 2-3-203(3), M.C.A., the Montana
Constitution and the Montana Supreme Court rulings, he, as presiding officer, has determined that the right
to privacy clearly exceeds the merits of public disclosure. He then called an executive session for the
purpose of reviewing the applications and results of the interviews and subsequent research.
At 11 :18 pm, Commissioner Kirchhoff left the meeting.
At 11 :23 p.m., Mayor Cetraro closed the executive session and reconvened the open meeting.
Appointment of Municipal Judae
It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the
Commission meet in special session on Wednesday, November 3, at 4:30 pm to further discuss the
appointment of the Municipal Judge. The motion carried by the following Aye and No vote: those voting Aye
being Commissioner Krauss, Commissioner Youngman, Commissioner Hietala, and Mayor Cetraro; those
voting No, none.
Discussion - FYI Items
The following "For Your Information" items were forwarded to the Commission.
(1 ) Memo from Planing Director Epple forwarding the final report for the jointly-funded parking
study that was completed for Billings, Bozeman and Great Falls.
(2) Memo forwarding the notebook containing copies of all of the 305 suggested revisions to
the unified development ordinance.
(3) Copy of the newspaper ad announcing that the revisions are available on the City's website
as well as at the Library and Planning Department.
(4) Copy of a letter from William F. Ogden, Jr., to the County Commission and County Planning
Office, dated October 18, expressing concern about the rapid growth in Bozeman and Gallatin County
destroying the very things that have made the area attractive in the past.
11-01-04
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(5) Copy of a letterfrom the Human Resource Development Council to Director of Public Service
Arkell, dated October 20, requesting that a site be set aside for the GalaVan bus barn at the City's transfer
station property.
(6) Copy of a post card from Marianne Filloux and David Gaillard to Street Department
personnel thanking them for their proactive approach to the drainage problems around the home at 613
West Harrison Street.
(7) Copy of a letter from Director of Public Service Arkell to Ms. Marg Hoehn, dated October 25,
regarding summer water usage at her home.
(8) Copy of the newspaper notice that garbage collection crews will run their usual routes on
Election Day and Veteran's Day and that the landfill will be open.
(9) Memo from Neighborhood Coordinator Oulman, dated October 21, forwarding the
InterNeighborhood Council's recommendation that a meeting involving several of the Commission's
advisory boards be held prior to any possible re-creation of the Board of Adjustment.
(10) Copy of an e-mail from Deputy Clerk of the Commission De Lath ower forwarding information
from a telephone call from Marilyn Hill requesting that the City not sell Soroptimist Park.
(11 ) Agenda for the Development Review Committee meeting to be held at 10:00 am on
Wednesday, November 3, at the Professional Building.
(12) Agenda for the joint meeting of the City Planning Board and Zoning Commission to be held
at 7:00 pm on Wednesday, November 3, in the Commission Room.
(13) Agenda for the Gallatin Local Water Quality District meeting to be held at 8:15 am on
Thursday, November 4, at the Courthouse.
During his FYI, Assistant City Manager Brey noted that today was the deadline for staff to provide
him with factual analysis for the goal-setting process.
Planning Director Epple, during his FYI, shared that he has been in touch with the architect for the
proposed law and justice facility, and that project will be coming before the Commission for a public hearing.
Director of Public Service Arkell noted, during her FYI, that she has received a letter from HRDC
formally requesting a Galavan bus barn site on the transfer station property.
Adiournment - 11 :26 D.m.
There being no further business to come before the Commission at this time, it was moved by
Commissioner Krauss, seconded by Commissioner Hietala, that the meeting be adjourned. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner
Youngman, Commissioner Hietala, and Mayor Cetraro; osev g No, none.
AN
ATTEST:
~/~
ROBIN L. SULLIVAN
Clerk of the Commission
11-01-04
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PREPARED BY:
~.~ ~~*~-0
EN 1. DeLA HOW
Deputy Clerk of the Commission
11-01-04
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