HomeMy WebLinkAbout2004-10-18 Minutes, City Commission
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
October 18, 2004
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The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal
Building, on Monday, October 18, 2004, at 5:30 p.m. Present were Mayor Andrew Cetraro, Commissioner
Jeff Krauss, Commissioner Marcia Youngman, Commissioner Steve Kirchhoff, Commissioner Lee Hietala,
Acting City Manager Ron Brey, Planning Director Andy Epple, Acting City Attorney Tim Cooper and Clerk
of the Commission Robin Sullivan.
Sianina of Notice of Special Meetina
Each of the Commissioners, in turn, signed the Notice of Special Meeting.
Executive Session re Personnel
At 5:30 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 noted that a level of confidentiality has been
identified in the process of selecting a new Municipal Judge, at least until the finalists have been named.
He then called an executive session for the purpose of reviewing the applications.
At 6:00 p.m., Mayor Cetraro closed the executive session and reconvened the open meeting.
Pledge of Allegiance and Moment of Silence
The meeting was opened with the Pledge of Allegiance and a moment of silence.
Minutes - October 11. 2004
Mayor Cetraro deferred action on the minutes of the meeting of October 11, 2004, to a later date.
Consent Items
Acting City Manager Brey presented to the Commission the following Consent Items.
Commission Resolution No. 3741 - intent to annex all riahts-of-wav utilized for state
highways and other sianificant transportation facilities - Montana Department
of Transportation: set public hearina for November 15. 2004 (A-04015)
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.
Commission Resolution No. 3742 - intent to amend land use desianation in Bozeman
2020 Communitv Plan from "Parks. Open Space and Recreational Lands" to
"Residential" on 1.84 acres
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COMMISSION RESOLUTION NO. 3742
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
STATING THE CITY'SINTENTTO REVISE THE BOZEMAN 2020 COMMUNITY PLANBY
AMENDING THE FUTURE LAND USE MAP FROM "PARKS, OPEN SPACE, AND
RECREATION LANDS" TO "SUBURBAN RESIDENTIAL" ON 1.84 ACRES DESCRIBED
AS A TRACT OF LAND, SITUATED IN THE SW% OF SECTION 31, T1S, R6E, PMM,
GALLATIN COUNTY, MONTANA.
Authorize City Manaaer to sian - Amendment No. 1 to Professional Services
Agreement for imDrovements to Durston Road between North 19th Avenue and
Fowler Avenue - Morrison-Maierle. Inc.. Bozeman. Montana
ADDointment of Commissioner Hietala and Commissioner Krauss to sub-committee
to review Pledaed Securities as of SeDtember 30. 2004
Buildina InsDection Division reDort for SeDtember 2004
Claims
It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the
Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to
complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye
being Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala
and Mayor Cetraro; those voting No, none.
Public comment
Mr. Chuck Paden, 507 Ice Pond Road, asked for City assistance on the location of the new bridge
on Ice Pond Road. He noted that the residents and commercial property owner have been working together
to identify the best location of the road and the bridge. He then stressed the importance of the bridge
location, since it affects not only the safety of those using it; it also affects the homes and realignment of
the road. He voiced concern that, while the residents have been working closely with Stahly Engineering,
they have not been notified of or been invited to participate in City staff discussions about the location of
the bridge and the road. He then indicated that the residents and commercial property owner have retained
Kerin and Associates to assist with designing their proposed alignments, and distributed copies of the latest
proposal. He concluded by asking the Commission to direct staff to work with the property owners in the
area and the County to resolve the placement issues.
Ms. Marilyn Boles, 418 North Wallace Avenue, reminded the Commissioners that on August 18, they
voted unanimously to direct staff to prepare quarterly reports on a number of items related to traffic in that
area, including the feasibility of a truck route after improvements have been made to the intersection of
North Wallace A venue and East Tamarack Street and possible new street connections to Cedar Street. She
noted the next quarterly report is due November 18; and residents in the area are looking forward to
listening to that report.
Commissioner Kirchhoff recognized that the issue raised by Mr. Paden is complicated, and noted
that conversations with City Engineer Rick Hixson reveal no floodplain permit has yet been requested for
the bridge relocation. He then suggested that, since the City is involved in the alignment of the road, it
would be appropriate to ask City staff to work with the County staff to coordinate the project.
City Engineer Rick Hixson stated that, to date, Mr. Kerin has submitted several possible locations
for the bridge and road realignment. He then noted that a floodplain permit from the City will be required
for the new bridge, and no application has been made to date. He concluded by expressing his willingness
to work with other City staff members and the County staff to identify the best alternative for all involved.
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Swearing in of new Firefiahter
Mayor Cetraro administered the oath of office to Mark Radcliffe, new firefighter with the Bozeman
Fire Department, after which the Commissioners congratulated Mr. Radcliffe and welcomed him to the City.
Presentation of recreation awards
Recreation Superintendent Sue Harkin announced that during the annual Montana Recreation and
Parks Association Conference in Billings, several local individuals were recipients of awards. They include
the Professional of the Year Award to Jerry Walker, Department of Fish, Wildlife and Parks; Citation of Merit
to Sandy Dodge, member of the Recreation and Parks Advisory Board; and Young Professional Award to
Melynda Coble, Recreation Program Manager for the City.
Conditional Use Permit with Certificate of Appropriateness - to allow construction of 37 .000-sQuare-
foot solid waste transfer station and accessory buildinas - Sprinaer Group Architects and Allied
Enaineerina for the Citv of Bozeman (Red Wing Drive at the extension of Wheat Drive) (Z-04229)
This was the time and place set for the continued public hearing on the Conditional Use Permit with
Certificate of Appropriateness requested by Springer Group Architects and Allied Engineering for the City
of Bozeman under Application No. Z-04229, to allow the construction of a 37,000-square-foot solid waste
transfer station and accessory buildings on Tracts 4A and B, Certificate of Survey No. 2153. The subject
property is located between the North 7th Avenue interchange and the North 19th Avenue interchange, east
of Interstate 90 and south of US Highway 10 and Red Wing Drive.
Public hearing
Mayor Cetraro reopened the public hearing.
Project Engineer Dustin Johnson responded to the issues and questions raised last week. He noted
that, while the design of the transfer station has changed over time, its location has not; and the area within
the fence for this proposed design is 1 O~ acres. Upon completion of this project, Springer Group Architects
will be contracted to complete a master plan and study the feasibility of adding the City Shops on this
property. He suggested one alternative might be to use Mandeville Creek as the dividing line, with the
property to the east being devoted to City activities and the property to the west being sold for private
development. He noted that one of the issues raised was the possibility of a rail spur; conversations with
Montana Rail Link reveal that a location on either the east or west side of the transfer station would work;
and the location on the west side would allow for the business development on that portion of the site to use
it as well.
Project Engineer Johnson noted that the cost estimates have changed dramatically since the initial
estimates were submitted in 2002. He noted that the increase is due in part to the increased cost of building
materials over the past two years. Another reason is the change in the design of the transfer station, from
a partially enclosed to a fully enclosed facility. Due to its location within the entryway corridor, the
determination has been made that a fully enclosed facility will have less impact; and that has resulted in a
significant increase in the size of the structure to allow trucks to turn around in the building. Also, for safety
and efficiency, a double tunnel is proposed rather than a single tunnel; and the cantilever beam needed to
accommodate that change costs $100,000 by itself.
Ms. Joanie Peterson, 27383 Frontage Road, stated the experts suggest the current landfill site is
the best location for a transfer station, with construction of the facility at that location being simple and
inexpensive instead of $5 million. Further, the traffic patterns in that area are tried and true; and those who
have built in the area have done so knowing about the landfill that has existed for years. She expressed
her concerns about constructing an environmentally unsound transfer station on the Mandeville farm, where
it can negatively impact a pristine and sensitive area, and the negative impacts that the additional traffic will
create on an already busy highway.
Mr. Larry Peterson, 27383 Frontage Road, characterized this as "the wrong plan and the wrong site".
He suggested that locating the transfer station at the current landfill would be a much better option.
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Ms. Anita Saunders, 27477 Frontage Road, noted it appears a transfer station on the Mandeville
farm will cost $11,/2 million more than it would on other sites. She suggested that differential in costs should
be given careful consideration before a decision is made.
Since there were no Commissioner objections, Mayor Cetraro closed the public hearing.
Decision
Responding to Commissioner Youngman, Project Engineer Johnson stated that the cost estimates
prepared in 2002 were based on preliminary designs for three different sites; the new cost estimates are
based on the plans for a fully enclosed facility that includes a floor area double the size of the preliminary
designs.
Responding to Commissioner Krauss, Project Engineer Johnson indicated the larger building costs
an estimated $1 million more, noting that a fully enclosed facility is the most aesthetically pleasing option
in the entryway corridor. He then noted that, as staff began viewing other transfer stations, they soon found
the fully enclosed facilities were functional and better looking, while muffling the beeping sounds from trucks
backing and preventing the flying of loose paper.
Commissioner Hietala voiced his frustration with the substantial increase in costs for this facility,
noting the actual increase is nearly $2 million. He suggested that the current landfill may be a preferable
site, which would allow for less expense in constructing the new transfer station.
Mr. Lowell Springer responded that the original estimate was done two years ago, based on
preliminary designs; and the current estimates are based on more comprehensive designs for a larger, fully-
enclosed facility. Also, the costs of structural steel have increased 90 percent this past year.
Sanitation Superintendent Mark Kottwitz noted that the transfer station was initially designed as an
open facility with significant berming and landscaping; one of the primary reasons a closed facility is now
proposed is because it is located in an entryway corridor. Further, he noted that the double tunnel system
enables the separation of commercial haulers from residential haulers, providing additional safety for the
smaller users. If use of the facility is light, one side can be shut down and cleaned during the daytime; and
if one side becomes inoperable, the other side can still be used by all of the haulers. He then noted that,
with enclosing the facility, the City's collection trucks can be parked in the transfer station at the end of the
day, rather than being driven back up to the landfill. Finally, he suggested that with enclosure of this facility,
the migratory and resident bird populations should be protected from the influx of scavengers like crows and
ravens.
Responding to Commissioner Kirchhoff, Sanitation Superintendent Kottwitz stated that an enclosed
transfer station should be a good neighbor to other industrial development and not impact the salability of
the remainder of the Mandeville farm.
Commissioner Hietala reiterated his concerns about the increased cost of this facility, noting the
Commissioners have not seen any cost/benefit studies for the various alternatives. He noted the
Commission has a responsibility to provide the taxpaying public with an economical, efficient and effective
facility; and he does not feel this proposal does so. He suggested that, with little problem, a half million
could be cut from the projected costs of this facility.
Project Engineer Dustin Johnson noted that the October 2002 feasibility study projects the costs of
direct hauling to the Logan landfill at $850,000 per year and the costs of operating the transfer station at
$300,000 per year. Based on those numbers, adjusted to reflect annual inflationary costs, the transfer
station could pay for itself in 2012.
Sanitation Superintendent Kottwitz noted the facility is designed for 25 years and will allow for the
dropping off of garbage, recyclables and hazardous waste. He stated that 58,000 self-haulers currently use
the landfill; and to have those vehicles traveling to the Logan landfill with partially tarped or untarped loads
would result in increased litter along the interstate.
Responding to questions from the Commissioners, Project Engineer Johnson indicated that, while
the two-acre triangle in the corner of this site would be unusable for the transfer station due to the
topography, it remains a usable parcel for some other use, either for City use or private use.
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Commissioner Hietala characterized this proposal as "the Taj Mahal without copper or gold" and
indicated he cannot support it. He then voiced his vehement opposition to a project that costs three times
as much as was anticipated less than two years ago.
Mr. Lowell Springer confirmed Project Engineer Johnson's comment that the two-acre wedge to the
east is very accessible and will accommodate several possible uses. He then indicated that recent cost
estimates for direct hauling to the Logan landfill, at a cost of $2 per mile, versus construction and operation
of the transfer station suggest that it could be paid for as early as 2009. He characterized the transfer
station as a pretty basic clear span steel structure with some exterior enhancements to make it less
impacting visually; and to cut a half million from the costs would be extremely difficult.
Commissioner Youngman forwarded three suggested conditions to be included in a motion for
approval, as follows:
1. Additional architectural detail shall be incorporated in the transfer station building
design in order to break down the scale of the building. A contrasting color around
the clerestory windows, additional relief or other large scale design element would
be appropriate.
2. The building materials and site design elements shall include recycled and "green"
materials to the greatest extent possible. In choosing these materials consideration
shall be given to structural durability, function and cost effectiveness.
3. A convenience center for the reuse of large household items shall be included in the
final site design. The area shall be appropriately located: for easy access by the
public; for protection from the elements; to avoid conflict with other on-site
circulation patterns; and in a manner that is screened from adjacent properties.
As a result of discussion, the first condition was revised to add the phrases "cost effective" and "in
keeping with the scale of the building"; the second condition was revised to include the word "primary"
before "consideration"; and the third condition was revised to read "shall be considered" instead of "shall
be included".
Responding to comments from the Commission, Sanitation Superintendent Kottwitz stated that items
dropped at the convenience center would be monitored by City staff and, if they remained there for a certain
period of time, would be disposed of in the appropriate manner.
Commissioner Youngman recognized the concerns voiced by other Commissioners about the cost
of this project; however, she noted that the facility as designed responds to the tremendous amount of public
input that has been received and provides a functional facility while protecting the natural environment.
Commissioner Krauss noted the comments about locating this facility at the existing landfill, and
noted that siting of this facility was decided some time ago. He indicated that, while he is concerned about
the size of the facility and its attendant impacts, he will support it and then hope the City receives a good
bid for its construction.
It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the
Conditional Use Permit with Certificate of Appropriateness requested by Springer Group Architects and
Allied Engineering for the City of Bozeman under Application No. 2-04229, to allow the construction of a
37,000-square-foot solid waste transfer station and accessory buildings on Tracts 4A and 8, Certificate of
Survey No. 2153, be approved subject to the following conditions:
1. Internal islands of vegetation shall be incorporated into the "No Fee Recycling" area,
the "Truck Turn Around" area, and within the large expanse of asphalt in front of the
transfer station entrance. The small pockets of vegetation are necessary to reduce
the visual impact of the mass of asphalt as well as help establish vehicle circulation
patterns.
2. The large retention facility shall be designed as a landscape feature.
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3. A final color palette and materials sample board shall be provided with the final site
plan.
4. Additional architectural details shall be provided for the windows and the main
building entrance of the office building.
5. Additional windows shall be installed on the north elevation of the office building to
provide additional architectural detail and to avoid presenting the "backside" of a
building.
6. Additional cost effective architectural detail, in keeping with the scale of the building,
shall be incorporated in the transfer station building design in order to break down
the scale of the building. A contrasting color around the clerestory windows,
additional relief or other large scale design element would be appropriate.
7. The building materials and site design elements shall include recycled and "green"
materials to the greatest extent possible. In choosing these materials, primary
consideration shall be given to structural durability, function and cost effectiveness.
8. A convenience center for the reuse of large household items shall be considered in
the final site design. The area shall be appropriately located: for easy access by the
public; for protection from the elements; to avoid conflict with other on-site
circulation patterns; and in a manner that is screened from adjacent properties.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman,
Commissioner Kirchhoff and Commissioner Krauss; those voting No being Commissioner Hietala and Mayor
Cetraro.
Commission Resolution No. 3727 - intent to create SpeciallmDrovement Lightina District (SllD) No.
679 - Walton Homestead 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. 679, as established by Commission Resolution No. 3727, entitled:
COMMISSION RESOLUTION NO. 3727
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 679 (WALTON
HOMESTEAD 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, 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. 24 for
approval of this 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.
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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. 679 for Walton
Homestead 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. 3728. intent to create Special Improvement Lighting District (SllD) No.
680 . Baxter Meadows Subdivision PUD. Phase 1
This was the time and place set for the public hearing on the intent to create Special Improvement
Lighting District No. 680, as established by Commission Resolution No. 3728, entitled:
COMMISSION RESOLUTION NO. 3728
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 680 (BAXTER
MEADOWS SUBDIVISION PUD, 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.
Included in the Commissioners' packets was an e-mail message from Kent Schroer, owner of Lots
7, 8, 9, 10 and 11, Block 5, protesting the creation of the lighting district.
Public hearing
Mayor Cetraro opened the public hearing.
Clerk of the Commission Sullivan presented the staff report. She noted that Condition No. 45 for
approval of this 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 the one written protest represents 1.7 percent of
the total area of the district.
No one spoke in support of or in opposition to the creation of this lighting district.
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. 680 for Baxter
Meadows Subdivision PUD, 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.
Ordinance No. . urgency zonina ordinance to temporarily prohibit the establishment of new
offices on the around floor in the core area of the "B.3". Central Business District
This was the time and place set for the public hearing on an urgency zoning ordinance to temporarily
prohibit the establishment of new offices on the ground floor in the core area of the "B-3", Central Business
District, entitled:
ORDINANCE NO.
AN URGENCY INTERIM ZONING ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF BOZEMAN, MONTANA, AMENDING THE UNIFIED DEVELOPMENT ORDINANCE TO
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PROHIBIT OFFICE USES ON THE GROUND FLOOR IN THE CORE AREA OF THE "B-3",
CENTRAL BUSINESS, DISTRICT.
Public hearing
Mayor Cetraro opened the public hearing.
Planning Director Andy Epple presented the staff report. He noted that this ordinance provides for
revision of the table in the current unified development ordinance to strike out the potential for offices as a
conditional uses on the ground floor in the core business area. He stressed that this urgency ordinance is
valid for a period of six months, while staff undertakes an evaluation of the issue. He then noted the
Downtown Bozeman Association has submitted a proposed revision to the unified development ordinance
that would permanently enact this change; and that revision will be considered over the next few months.
Responding to Commissioner Krauss, the Planning Director stated the core downtown area is
defined as that portion of Main Street between Grand Avenue and Rouse Avenue, and extending to the
alleys both north and south of Main Street.
No public comment was received in support of or in opposition to the urgency ordinance.
Since there were no objections, Mayor Cetraro closed the public hearing.
Decision
It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that Ordinance No.
1622, an urgency zoning ordinance to temporarily prohibit the establishment of new offices on the ground
floor in the core area of the "B-3", Central Business District, be adopted. The motion carried by the following
Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner Youngman, Commissioner
Kirchhoff, Commissioner Hietala and Mayor Cetraro; those voting No, none.
Zone MaD Amendment - from "R-1". Residential-Sinale-household. Low-density. to "R-2".
Residential- Two-household. Medium-density. on 3.626 acres located in Laurel Glen Subdivision.
Phase II (along the north side of Durston Road. aDproximatelY % mile northwest of its intersection
with Cottonwood Road) - C&H Enaineerina & Surveyina for Hinesley Family Limited Partnership
(Z-04236)
This was the time and place set for the public hearing on the Zone Map Amendment requested by
C&H Engineering and Surveying for Hinesley Family Limited Partnership under Application No. Z-04236,
to amend the zoning designation from "R-1", Residential-Single-household, Low-density, to "R-2" ,
Residential- Two-household, Medium-density, on 3.626 acres located in Laurel Glen Subdivision, Phase II.
The subject property is described as a portion of Lot 1 , Minor Subdivision No. 201 , and lies along the north
side of Durston Road, approximately Y:.t mile northwest of its intersection with Cottonwood Road.
Public hearing
Mayor Cetraro opened the public hearing.
Planning Director Andy Epple presented the staff report for Senior Planner Dave Skelton. He noted
that Phase I of Laurel Glen is nearly built out with a combination of single-family and multi-family housing
units; and construction on Phase II will begin soon. Under this application, the zoning on 3.626 acres within
that phase are to be rezoned from "R-1" to "R-2" to allow for a continued mix of development. The Planning
Director indicated that staff has reviewed this application in light of the twelve criteria contained in State
statute, and staff's comprehensive findings are contained in the written staff report. Based on those
findings, he noted that staff forwarded a recommendation for approval; and the Zoning Commission has
concurred in that recommendation.
Responding to Commissioner Hietala, Planning Director Epple indicated that under "R-1" zoning,
approximately 22 units could be constructed on the subject property; under "R-2" zoning, possibly 30 to 32
units could be constructed.
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Mr. Cory Frehsee, C&H Engineering, representing the applicant, voiced concurrence with the staff
report. He then noted that the requested rezoning will allow for greater diversity for overall development
of the subdivision. He then indicated a willingness to respond to questions.
No one spoke in support of or in opposition to the requested rezoning.
Since there were no Commissioner objections, Mayor Cetraro closed the pUblic hearing.
Decision
It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the Zone
Map Amendment requested by C&H Engineering and Surveying for Hinesley Family Limited Partnership
under Application No. Z-04236, to amend the zoning designation from "R-1 ", Residential-Single-household,
Low-density, to "R-2", Residential- Two-household, Medium-density, on 3.626 acres located in Laurel Glen
Subdivision, Phase II, be initially approved and that staff be directed to bring back an ordinance enacting
the amendment, subject to the following conditions:
1. That the applicant submit a zone amendment map titled "Laurel Glen Subdivision,
Phase II, Zone Map Amendment", on a 24-inch by 36-inch mylar, 81f2-inch by 11-inch
or 81f2-inch by 14-inch paper exhibit, and a digital copy of the area to be zoned,
acceptable to the Director of Public Service, which will be utilized in the preparation
of the ordinance to officially amend the City of Bozeman Zoning Map. Said map
shall contain a metes and bounds legal description of the perimeter of the subject
property, total acreage of the property and adjoining rights-of-way and/or street
access easements.
2. That the ordinance for the Zone Map Amendment shall not be drafted until the
applicant provides a metes and bounds legal description and map of the area to be
rezoned, which will be utilized in the preparation of the ordinance to officially amend
the zone map.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman,
Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss and Mayor Cetraro; those voting No,
none.
Break ~ 7:35 to 7:47 p.m.
Mayor Cetraro declared a break from 7:35 p.m. to 7:47 p.m., in accordance with Commission policy.
Growth Policy Amendment - amend land use designation from "Parks. Open Space and Recreational
lands" to "Residential" on 1.84 acres located at 780 Manlev Road ~Bozeman Buildina Traditions
(P~04044)
This was the time and place set for the public hearing on the Growth Policy Amendment requested
by Bozeman Building Traditions under Application No. P-04044, to amend the land use designation on 1.84
acres located at 780 Manley Road from "Parks, Open Space and Recreational Lands" to "Residential".
Public hearing
Mayor Cetraro opened the public hearing.
Assistant Planner Susan Kozub presented the staff report. She noted that the sUbject 1.84-acre
parcel is currently located in the county; and this application is to amend the land use designation in the
growth policy from "Parks, Open Space and Recreational Lands" to "Residential". She reminded the
Commissioners of the informal review that was conducted last spring, noting that a copy of those minutes
was included in the packet with the staff report. She stated that staff has reviewed this application in light
of the applicable criteria, and staff's comprehensive findings are contained in the written staff report. She
indicated that the Planning Board has recommended a "Suburban Residential" land use designation rather
than the requested "Residential" designation, which would limit the number of dwelling units that could be
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constructed. She concluded by stating two letters of opposition have been received, and the Recreation
and Parks Advisory Board is opposed to the amendment.
Mr. Ed Adamson, applicant, noted that the subject property is known as the Nelson property, located
at 780 Manley Road. He reminded the Commissioners that during informal review this past summer, he
submitted his plans for a low-density residential development on this subject property and received generally
supportive comments. He is aware of the consternation that revolved around the plan for development;
however, he noted that the property had been for sale for quite some time and no one else had stepped
forward to purchase it, including those who wished to add it to the East Gallatin Recreation Area. He stated,
in fact, that after he purchased it, he was approached by representatives of the Rotary Club, who indicated
an interest in combining it with other property in the immediate area to expand the park area; and he waited
about two months before proceeding with any plans while awaiting that transaction to occur. Due to the debt
load he is carrying on the property and since he had acquired the property to provide income for himself and
his employees, he decided it was time to proceed with the formal application for this amendment.
Mr. Adamson stated he has no problem with the "Residential Suburban" land use designation
recommended by the Planning board noting that it allows the "R-1" zoning that he needs to proceed with
the small residential development he is proposing. He noted that the subject property is over 500 feet from
the beach area, and the residential development he is proposing is compatible with other residential
development in the area. He then cited other development in the vicinity of the park, including a moving
company, an oil company, NorthWestern Energy and the railroad tracks. He concluded by stating that a
small moderately-priced residential area would be preferable to development under the current "M-2" county
zoning designation.
Mr. Greg Gianforte, 1320 Manley Road, stated he feels the current land use designation is
appropriate. He recognized the significant investment that Rotary Club has made in the East Gallatin
Recreation Area over the past several years, and noted there is a lot of interest in expanding and further
enhancing this site. He noted the subject property is located between the entrance to the park and the park
itself; and he feels it is not an appropriate site for a residential development. He concluded by expressing
his disappointment that he was not aware of the status of this parcel, and suggesting he may be willing to
assist in its acquisition for parkland.
Mr. Robert Dougherty, architect working with the applicant, stated he feels development of this
property is more appropriately done within city limits. He then indicated he feels the lines on the land use
map are arbitrary, particularly since they don't follow the lines on any ownership maps. He noted the park
contains 89 acres, and he does not believe this 2-acre parcel is key to the park and its success. He then
reminded the Commission that the Bozeman 2020 Community Plan land use map is advisory on land not
annexed into the city, and concluded by voicing his concern about the eleventh hour drama now surrounding
this application.
Mr. Sam Rogers, 1323 Manley Road, noted he has lived at this address for forty years. He stated
it is amazing how the East Gallatin Recreation Area has developed and the amount of usage it receives.
He noted that, thanks to the two incredible families that lived near the park and their vision for the area, the
site is attractive and well used for a variety of activities, including swimming, ice skating, ice fishing and
fishing. He suggested the success of this site is due, in part, to being the "right place at the right time"; and
concluded by thanking those who helped make it a success.
Mr. Doug Chandler, 2002 Knaab Drive, stated he is a member of the Rotary Club but does not
represent the Club. He indicated that the Club is still interested in preserving this subject property as part
of the park if at all possible.
Mr. Ed Adamson reminded the Commission that he has followed the proper process in seeking this
amendment. He then indicated a willingness to pursue possible land exchanges that give him buildable lots
and provide work and income for his business and his employees.
Responding to Commissioner Kirchhoff, Mr. Adamson stated he purchased the property for
$225,000 and made a significant payment to Mr. Vosti for an easement across his land for the infrastructure
needed to develop this property. He noted that he made these investments based on the input he had
previously received from the Planning Board and the City Commission. At this time, he would need about
$375,000 and the right of first refusal for the development proposed.
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Since there were no Commissioner objections, Mayor Cetraro closed the public hearing.
Decision
It was moved by Commissioner Kirchhoff that the Growth Policy Amendment requested by
Bozeman Building Traditions under Application No. P-04044, to amend the land use designation on 1.84
acres located at 780 Manley Road from "Parks, Open Space and Recreational Lands" to "Residential" be
initially approved and that staff be directed to bring back a resolution enacting the amendment, subject to
the following conditions:
1. The applicant shall submit, within forty-five (45) days of approval by the City
Commission, an a~-inch by 11-inch or 81f2-inch by 14-inch exhibit entitled "Bozeman
Building Traditions Growth Policy Amendment" to the Planning Department
containing an accurate description of the property for which the growth policy
designation is being amended. The exhibit must be acceptable to the Planning
Department.
2. The resolution for the growth policy amendment shall not be drafted until the
applicant provides an exhibit of the area to be re-designated, which will be utilized
in the preparation of the resolution to officially amend the Future Land Use Map of
the Bozeman 2020 Community Plan.
Mayor Cetraro yielded the gavel to Mayor Pro Tempore Krauss for the purposes of seconding the motion.
Responding to Commissioner Hietala, Planning Director Andy Epple characterized any suggestion
about possible trade for the SAE House site as not being a viable option, recognizing the Commission's
position that no additional development is to be allowed on that block. He then indicated that no viable trade
of lots has been identified to date; however, the applicant has expressed his continued willingness to pursue
such an option.
Commissioner Kirchhoff noted that during the informal review, Director of Public Service Debbie
Arkell indicated she knew about this property being for sale and looked at it in a timely manner but realized
the City didn't have the monies to purchase it and, as a result, took no action. He stated there are also other
nooks in Bozeman that would be nice to preserve, like the Bozeman Creek corridor, which has been
identified as the City's top priority area. He feels the City is in danger of blessing too many good intentions
without adequate monies at its disposal. He reminded the Commissioners that this growth policy
amendment doesn't set anything in motion; rather, annexation and then a project application are needed
first.
Commissioner Youngman stated she does not find that the criteria for a growth policy amendment
have been met and, as a result, she cannot support this application.
Commissioner Krauss noted there is no proposal for annexation of this property at this time. If there
were, he would support annexation only with the stipulation that no more than two homes be constructed
on this property. He is not in favor of the proposed five-unit subdivision on this site, and he does not believe
the County would support it, either, if faced with substantial opposition. In light of the testimony received,
he does not believe all options for acquiring this property for expansion of the park have been exhausted;
and he would like to give those groups one more opportunity to do so.
Commissioner Kirchhoff noted that the land use designation in the Bozeman 2020 Community Plan
is advisory only as long as this property remains in the county; and the County is the ultimate authority at
this time. He suggested that approving this amendment would strengthen the City's position even if the
applicant were to develop through the County's review process.
Planning Director Epple noted that, in early discussions with Bozeman Building Traditions, staff
recognized the Bozeman 2020 Community Plan land use designation was a critical issue and, as a result,
advised the applicant to seek the growth policy amendment prior to annexation and a municipal zoning
designation. He then noted that the current land use designation does not restrict the ability of the private
property owner to continue with the site's current use.
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Commissioner Hietala indicated that he does not support the proposed amendment at this time
because he does not feel all has been done to make this property a part of the adjacent park.
Commissioner Krauss recognized that some type of catalyst is often needed to get others excited
about a possible project or protection of open space; and he feels this proposal may be that catalyst. He
then noted that during the informal review, three of the Commissioners expressed support while one did not;
and he abstained due to the property ownership at that time. Due to the comments that were made during
the informal review, he will support this amendment at this time; however, he will be carefully monitoring
future processes to ensure that any development on this site is appropriate. In the meantime, he suggested
that steps may be successfully taken to acquire the property for expansion of the park area.
The following substitute motion was placed on the floor: it was moved by Commissioner Kirchhoff,
seconded by Commissioner Hietala, that the Growth Policy Amendment requested by Bozeman Building
Traditions under Application No. P-04044, be initially approved by amending the land use designation on
1.84 acres located at 780 Manley Road from "Parks, Open Space and Recreational Lands" to "Residential
Suburban" and that staff be directed to bring back a resolution enacting the amendment, sUbject to the
following conditions:
1. The applicant shall submit, within forty-five (45) days of approval by the City
Commission, an 8'Y:1-inch by 11-inch or 8'Y:1-inch by 14-inch exhibit entitled "Bozeman
Building Traditions Growth Policy Amendment" to the Planning Department
containing an accurate description of the property for which the growth policy
designation is being amended. The exhibit must be acceptable to the Planning
Department.
2. The resolution for the growth policy amendment shall not be drafted until the
applicant provides an exhibit of the area to be re-designated, which will be utilized
in the preparation of the resolution to officially amend the Future Land Use Map of
the Bozeman 2020 Community Plan.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff,
Commissioner Hietala, Commissioner Krauss and Mayor Cetraro; those voting No being Commissioner
Youngman.
Preliminary plat for minor subdivision - subdivide ::!:9.03 acres into one lot for future development -
Allied Enaineerina. Inc.. for Montana Partners I. LLC (between Haaaertv Lane and Interstate 90 at
Ellis Street extended) (P-04047)
This was the time and place set for the public hearing on the preliminary plat for the Thulin
Subdivision, as requested by Allied Engineering, Inc., for Montana Partners I, LLC, under Application No.
P-04047, to subdivide :1::9.03 acres described as a tract described in Film 71, Page 1010, into one lot for
future development. The subject property is located between Haggerty Lane and Interstate 90 at Ellis Street
extended.
Public hearing
Mayor Cetraro opened the public hearing.
Planning Director Andy Epple presented the staff report for Contract Planner Lanette Windemaker.
He noted that the subject 9.03-acre tract is a remainder parcel resulting from the road rights-of-way. The
property was annexed and zoned last year; and the owners are now attempting to establish a platting record
for it, after which they will submit a site plan for a multi-family complex. He noted that Water/Sewer
Superintendent John Alston has expressed concern about the potential impacts that a multi-family complex
might have on the line of sight from the sewer manhole in the Burrup sewer line to the tower on Kenyon
Drive, noting that line of sight must be maintained to provide needed communication.
The Planning Director distributed a proposed condition from Contract Planner Windemaker in
response to the Water/Sewer Superintendent's concerns, which reads:
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1. The final plat shall show the line of sight transmission path from the antennae at the
Burrup lift station on East Frontage Road to the antennae at the Kenyon Drive water
tank. The final plat shall contain the following note: "The line of sight transmission
path shall not be obstructed. If the line of sight transmission path is obstructed,
measures shall be taken to ensure the continuity of the transmission path. These
measures shall include, but not be limited to, installation of a taller antenna or relay
antenna station."
The Planning Director noted that this issue can be addressed now or in conjunction with the site plan
review; the advantage of adding it now is that it becomes of record at this time.
Mr. Chris Budeski, Allied Engineering, representing the applicant, noted this property was created
by division when the Interstate was constructed and was never subject to subdivision review. He recognized
the line of sight issue; however, he asked that this issue be addressed under site plan review. He noted
that either the buildings can be arranged to provide for continuation of the line of sight, the height of the
existing tower could be increased, or an antenna could be erected on one of the structures in this
development. He requested that the applicant be allowed to work with the Engineering staff to develop an
acceptable resolution to this issue. He concluded by noting the actual size of this parcel may be 8.99 acres,
rather than 9.03 acres.
No one was present to speak in opposition to the proposed preliminary plat.
Planning Director Epple indicated it is acceptable to deal with this issue at site plan review, if the
Commission so chooses.
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 preliminary
plat for the Thulin Subdivision, as requested by Allied Engineering, Inc., for Montana Partners I, LLC, under
Application No. P-04047, to subdivide :1:9.03 acres described as a tract described in Film 71, Page 1010,
into one lot for future development, be approved. 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 Flanders Creek Subdivision - subdivide 39.92 acres into 34 sinale-household
lots. 72 townhouse lots and 8 residential-office lots tat northwest corner of Durston Road and
Cottonwood Road extended} - C&H Enaineering for Balian Properties tZ-04037)
This was the time and place set for the public hearing on 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. The subject property is located at the northwest corner of
the intersection of Durston Road and Cottonwood Road extended.
Public hearing
Mayor Cetraro opened the public hearing.
Associate Planner Jami Morris presented the staff report. She briefly highlighted the lots to be
created under this proposed subdivision, after which she noted that the variances identified in the packet
information are not needed; rather, those issues can be addressed as allowable exceptions or deviations.
The Associate Planner noted that coordinated development of parks is proposed around the ponds, with
3.95 acres of the estimated 5.07 acres in parkland being provided. She noted the restricted lot size (RLS)
requirements are to be met; the end units of a multi-unit complex cannot be counted since they typically
exceed the 3,000-square-foot limit for attached units.
The Associate Planner stated that staff has reviewed this application in light of the applicable criteria,
and staff's comprehensive findings are contained in the written staff report. Based on those findings, she
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forwarded staff's recommendation for approval, sUbject to 16 conditions. She stated that the Planning
Board conducted its review of this application at its October 5 meeting and has also concurred in the
recommendation for approval.
The Associate Planner highlighted some of the conditions of approval, noting the applicant has
voiced his concerns with some of those conditions.
Mr. Dennis Balian, applicant, characterized this subdivision as a neighborhood, not just a
subdivision. He noted that, as a result of comments submitted during the informal review for this
subdivision, an extra 10 feet of right-of-way has been dedicated for Cottonwood Road, with curb bulbs being
installed to protect the parking. Further to the west, alleys will provide access from the rear of the lot,
providing a neighborhood in which people will probably want to live. The park area contains a couple of
stock ponds which he plans to enlarge and enhance, and that park area is to be connected to the park area
in Valley West Subdivision through a 25-foot-wide linear park and trail system with a crosswalk across
Durston Road.
Mr. Balian turned his attention to some of the recommended conditions of approval. He noted that
under Condition No.4, building permits are not to be issued until Durston Road has been improved. He
proposed an alternative to that condition, suggesting that the condition be revised to provide a date specific
when he can begin drawing building permits. He reminded the Commission that it will take time to build out
the subdivision, estimating four months to build homes, so traffic impacts will not be at projected levels
initially. He then forwarded the proposal that the condition be revised to indicate no Certificate of
Occupancy will be issued until a date specific, possibly November 15.
Mr. Balian addressed Condition No.6, asking that the linear park along the south side of Lot 1 be
allowed to remain as a linear park, providing a park connector and a safe place for bicycles to travel. He
noted that, while the Planning staff recommended the elimination of that park, the Planning Board voiced
some support for retaining it. He then addressed Condition No.7, which pertains to a 5-foot-wide pedestrian
walk, suggesting that it be revised to say a note will be placed on the final plat that pedestrian traffic will be
provided for at West Oak Street and Cottonwood Street. With that revision, he noted when the site plan or
a planned unit development proposal is prepared, the condition will allow for blending of architecture and
layout.
Mr. Balian posted a new preliminary plat that addresses some of the conditions recommended by
the Planning Board. He noted that, with the elimination of lots adjacent to the parkland, one acre is added
to the parkland dedication. That reduces the parkland requirement to 4.92 acres, and he is providing 4.083
acres. He expressed concern that, if a higher density is developed than is initially proposed, he may be
required to provide additional parkland or cash-in-lieu in the future. Based on the appraised value of the
property, he suggested that could be $1,500 per unit; and he characterized that as a defacto impact fee at
an excessive rate. He encouraged the Commissioners to accept the parkland as proposed, if they feel it
is acceptable, and eliminate the potential for requiring additional parkland in the future.
No one was present to provide testimony on this preliminary plat.
Since there were no Commissioner objections, Mayor Cetraro closed the public hearing.
Decision
Associate Planner Jami Morris cautioned that the calculation of required parkland is a code
requirement, not a condition. She suggested that staff may support modification of the condition; however,
she suggested that if "R-O" development is proposed, a cash-in-lieu payment may be required at that time.
She then turned her attention to the pedestrian walkway, stating it needs to be identified at this time so that
everyone knows where it is to be located. She stressed that this walkway will break up the long blocks and
provide additional connections to the roads and stream/ditch.
Responding to Commissioner Kirchhoff, Associate Planner Morris stated the Engineering staff
requested limited access onto West Oak Street rather than the extension of Parkview Avenue through the
subdivision.
Responding to Commissioner Krauss, Mr. Balian stated that he has requested flexibility in the
location of the pedestrian walkway to allow for the possibility of joining two lots and building across the lot
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line. He suggested that a note on the plat would provide for the pedestrian access but would preclude the
need to tear out the access and relocate it if it is not in the appropriate location.
Commissioner Kirchhoff voiced his continued interest in seeing the extension of Parkview Avenue.
Commissioner Krauss indicated his concurrence, noting that it is preferable to not create super
blocks but to create a neighborhood where access is safe and frequent. He then proposed that Parkview
Avenue be extended north approximately 300 to 400 feet and then an east/west connector added to connect
to the cul-de-sac on Twin Lakes Avenue. He suggested that this would also provide for double frontage on
the adjacent property owner's "R-4" lots as well as the "R-O" lots within this subdivision.
Commissioner Kirchhoff noted that he would be willing to support the extension of Parkview Avenue
at an alley width rather than a full street width to alleviate some of the traffic congestion from the proposed
super block.
In light of the Commissioner comments, Planning Director Epple suggested that the decision on this
application be delayed to give staff an opportunity to come back with some options.
Commissioner Kirchhoff expressed his support for the elimination of five lots adjacent to the
parkland. He has no problem with the proposed linear park along Lot 1 being allowed to remain and
considered as parkland, and he can support installation of the 5-foot-wide pedestrian corridor at a later date.
He is also willing to accept Mr. Balian's proposal for tying the issuance of building permits and possibly
Certificates of Occupancy to dates specific rather than the improvements to Durston Road. He encouraged
the Commissioners to take into consideration the fact that West Babcock Street is to be improved next
summer, which will increase the traffic load on Durston Road for the summer when determining the specific
dates to be included in the conditions. In light of those impending improvements, he proposed that the date
selected end in "2006".
Commissioner Krauss suggested that a Fall 2005 date may adequately address Commissioner
Kirchhoff's concerns. He then proposed a September 15, 2005, date for the issuance of building permits.
Commissioner Kirchhoff requested that the decision on this application be delayed to give the
Commission, staff and applicant an opportunity to address the issues that have been raised.
Mr. Dennis Balian granted an extension of the review period for the preliminary plat to allow the
decision to be delayed for two weeks, and an opportunity to work with staff to address the issues raised by
the Commission.
Responding to comments from Mr. Balian, Planning Director Epple stated he feels the baseline
parkland requirement, based on zoning designations, has been met; however, he cautioned that the density
of development may trigger the need for additional parkland.
Mayor Cetraro announced that, based on Commissioner Kirchhoff's request for a delay in the
decision-making process and Mr. Balian's granting of an extension for review of the preliminary plat, the
decision will be placed on the November 1 agenda.
Variance requested bv Ponderosa Land Co. - Dermitting encroachment of a Derimeter fence and
storaae of buildina materials along Pear Street to extend 15 feet into the reauired 15-foot corner side
yard setback Csouthwest corner of the intersection of L Street and Pear Street) CC-04006)
This was the time and place set for the pUblic hearing on the variance from Section 18.38.060.C.
of the Bozeman Municipal Code, as requested by Ponderosa Land Company under Application No.
C-04006, to permit a perimeter fence and storage of building materials to continue encroaching 15 feet into
the required 15-foot corner side yard setback on Tract 1, Certificate of Survey No. 1363. The subject
property is located at the southwest corner of the intersection of L Street and Pear Street.
Public hearing
Mayor Cetraro opened the public hearing.
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Assistant Planner Ben Ehreth presented the staff report. He noted the subject property is located
at 1101 Pear Street and is located within the 1-90 entryway corridor. He stated that the requested variance
will allow the perimeter fence and the storage of building materials to continue encroaching into the required
corner side yard setback, as initially approved on August 13, 2001. He noted that variance was granted in
light of discussions between staff and the applicant about the possible extension of Pear Street or another
connection between West Oak Street and Cedar Street. To date, no firm proposal has resulted from those
discussions.
The Assistant Planner stated that staff has reviewed this application in light of the three applicable
criteria. Based on those findings, which are contained in the written staff report, staff has forwarded a
recommendation for approval, subject to two conditions.
Mr. Bill Ogle, applicant, stated concurrence with the staff report. He then stated he continues to be
open to discussion of how the right-of-way for an easUwest connection will be established, recognizing that
he will be involved in any extension of East Oak Street.
Mr. Charles Day, 330 North Wallace Avenue, voiced his appreciation for the Commission's
commitment to look at issues in the northeast sector of the community. He also expressed his interest in
hearing the first quarterly report from staff next month.
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 variance
from Section 18.38.060.C. of the Bozeman Municipal Code, as requested by Ponderosa Land Company
under Application No. C-04006, to permit a perimeter fence and storage of building materials to continue
encroaching 15 feet into the required 15-foot corner side yard setback on Tract 1, Certificate of Survey No.
1363, be approved subject to the following conditions:
1. The applicant shall enter into an Improvements Agreement with the City committing
to the installation of required landscaping improvements and relocation of fence to
maintain the 15-foot corner side yard setback along Pear Street, upon notice from
the City that plans and specifications for Pear Street improvements have been
approved and funding is available to construct said improvements.
2. The requested variance from Section 18.38.060C. of the Bozeman Municipal Code
to allow a perimeter fence and storage of building materials to encroach 15 feet into
the required 15-foot corner side yard setback along Pear Street shall be granted for
an additional 3 year period or until the disposition of Pear Street is determined by the
City Commission, whichever occurs first.
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.
Commission Resolution No. 3733 - levying and assessina special assessments for business
improvement district for Fiscal Year 2005
This was the time and place set for the public hearing on levying and assessing special
assessments for the business improvement district for Fiscal Year 2004-2005, as established by
Commission Resolution No. 3733, entitled:
COMMISSION RESOLUTION NO. 3733
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL YEAR 2005 UPON
ALL REAL PROPERTY IN THE BUSINESS IMPROVEMENT DISTRICT, LOCATED IN THE
CITY OF BOZEMAN'S DOWNTOWN AREA, TO DEFRAY THE ESTIMATED COST AND
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EXPENSE TO BE INCURRED IN THE BUSINESS IMPROVEMENT DISTRICT FOR THE
FISCAL YEAR.
Public hearing
Mayor Cetraro opened the public hearing.
Mr. Paul Reichert, Executive Director of the Downtown Bozeman Partnership, presented the budget
and work plan for the business improvement district for Fiscal Year 2004-2005. He noted that this budget
and work plan provide for the same level of staffing as this past year and a continuation of the program and
activities that have been developed to date. He noted this resolution provides for an increase in the
assessment rate to generate additional monies for this program to make it self-sufficient and to decrease
reliance on administrative monies from the tax increment financing district. He noted that, in addition to
increased annual assessment rates, he will be coming forward with a proposal to expand the boundaries
of the district.
No one provided public comment in support of or in opposition to the proposed assessment.
Responding to Commissioner Krauss, Clerk of the Commission Sullivan stated that last year, the
Commission heard and accepted the proposal to increase the revenues from these annual assessments
by $1 0,000 each year over the next five years. Under this assessment resolution, the revenues will increase
from $60,000 last year to $73,000 this year.
Since there were no Commissioner objections, Mayor Cetraro closed the public hearing.
Decision
It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that Commission
Resolution No. 3733, levying and assessing special assessments for the business improvement district for
Fiscal Year 2004-2005, be finally adopted. 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.
Presentation of budaet and work plan for the Tax Increment Financina District (urban renewal plan)
for Fiscal Year 2004-2005
Included in the Commissioners' packets was a copy of the budget and work plan for the Tax
Increment Financing District for Fiscal Year 2004-2005.
Mr. Paul Reichert, Executive Director of the Downtown Bozeman Partnership, presented the budget
and work plan for the tax increment financing district for Fiscal Year 2004-2005. He noted that, in light of
the parking structure, the Downtown Bozeman Improvement District Board (IDB) has taken a very close look
at this budget. He briefly highlighted the items contained in this year's plan, including the design and
beginning of construction on the parking structure, funding support for construction costs on the new library,
beginning of a comprehensive downtown signage program, and continuation of the programs that have
been implemented to date.
Mr. Reichert noted that this budget anticipates the issuance of $3,500,000 in bonds for the parking
structure at mid year and the attendant debt service payment, and suggested that might be a bit optimistic.
He then indicated the Board discussed the award of $250,000 to the library, and forwarded their
recommendation that those monies be held in the district fund and released for construction costs only.
Mr. Reichert characterized the tax increment financing fund as starting with a healthy cash balance,
noting that the increment is also higher than was estimated in June, when the Board approved the budget
for this fiscal year.
Acting City Manager Brey cautioned there are many complications with the funding for the parking
structure. In light of those complications, he suggested that it may be preferable to look at the $150,000
design contribution to determine if it is more practical to pay those costs through the tax increment financing
district or let those costs go into the bond issue for repayment to this fund.
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Mr. Reichert recognized the City's position and acknowledged that the possible repayment of design
costs will be dependent on a number of items, including the interest rates and other costs associated with
the project. He also noted that the City has the final decision making authority on this issue.
It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the budget and
work plan for the Tax Increment Financing District for Fiscal Year 2004-2005 be approved as submitted.
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.
Presentation and possible endorsement of open space bond issue
Mr. Mike Harris, Director of Open Lands prowam, gave an overview of the open space program that
was started in 2001, following voter approval of a 10,000,000 bond issue. He noted that 25,400 acres
have been purchased or are under contract to purchase; and those purchases include a combination of
conservation easements and land in title. He stated that 26-percent of the costs have been borne by the
County; the remainder has been from outside sources and matching funds. He suggested that maintaining
these areas as open space benefits both the urban and rural areas of the county by enhancing the quality
of life for residents and maintaining wildlife and fishing habitat. Also, acquiring some properties in the
outlying areas of the county can mean the County no longer needs to provide services to the area, citing
the acquisition of 6400 acres near Clarkston as an example. He indicated that the approval of a second
$10,000,000 bond issue will allow the protection of additional lands in the county.
Ms. Debbie Degen, member of Vote Yes for Open Space, distributed packets of their information
to the Commission. She urged the Commissioners to endorse the bond issue, reinforcing the economic
benefit and quality of life issues that Mr. Harris had enumerated. She noted that Gallatin County is the
fastest growing county in Montana, with real estate in some parts of the county doubling in value in the last
four years. She stated that approval of the new bond issue will enable a successful program to continue.
Mr. Harris noted that during tonight's meeting, the Board approved a conservation easement and
fee title purchase from Hugo Schmidt for the Frog Rock area, which is a major climbing area located in the
viewshed of Bozeman. He noted that this area will remain in recreational use and its acquisition will provide
access to forest service land not previously available.
Commissioner Krauss voiced his strong support for the open space bond issue, characterizing
Gallatin County as the NO.1 county at risk for unrestrained growth and sprawl. He noted that 60 percent
of the farmers and ranchers will retire in the next decade, and the open space bond issue provides an
opportunity to intervene in estate planning and preserve the agricultural lands. He concluded by stressing
the importance of acting now to preserve the quality of life that the residents value.
It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the
Commission endorse the open space bond issue and encourage the citizens of Bozeman to vote yes on
the open space bond issue. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff and Mayor Cetraro; those voting
No being Commissioner Hietala.
Presentation and possible endorsement of 911 emeraency services milllevv
Included in the Commissioners' packets was a memo from Director of Finance Miral Gamradt
forwarding information on the proposed county-wide mill levy for 911 emergency services.
Director of Finance Gamradt noted that the current method of funding the 911 emergency services
results in double taxation to city residents; and approval of the mill levy would eliminate that situation and
provide uniform funding. Also, the mill levy would alleviate the issues that revolve around competing for the
scarce general fund monies in both the City's and the County's annual budgets.
Responding to questions from Commissioner Youngman, Director of Finance Gamradt estimated
that city residents currently bear two-thirds of the costs of the 911 emergency services operations.
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Acting City Manager Ron Brey noted that when the funding mechanism for the 911 emergency
services center was originally set up, small assessments were identified for many of the small service
providers; and those assessments have never been increased because those entities could not afford to
pay any more of the costs. Approval of this mill levy would allow all service users to pay the same amount.
Director of 911 Emergency Services Ben Hess recognized that the 2005 fiscal year budget was
extremely difficult to fund. In light of budgeting difficulties over the years, the 911 Administrative Board has
chosen to place the same special voted 11-milllevy on the ballot that failed at the September 2001 election.
He then noted that the City of Belgrade contributes $10,000 toward the center annually; if its payment were
based on usage, the contribution would be $11 0,000. He indicated that most large centers around the state
set aside most or all of the State funds generated by the 50-cents-per-line charge in a capital reserve, but
this center must use those monies for its operations and, therefore, has no reserve for capital replacement.
He also cautioned that technology continues to evolve, and it is important to plan for and accommodate
those changes.
Responding to Commissioner Krauss, Director Hess stated his operation is responsible for all jail
records and law enforcement records as well as the joint dispatch center.
It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the Commission
endorse the 911 emergency services mill levy. The motion carded 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.
Discussion re possible use of monies "freed up" by voter approval of 911 emeraency services mill
~
Included in the Commissioners' packets was a memo from Director of Finance Miral Gamradt
identifying the City's annual contribution toward the 911 emergency services operations.
Director of Finance Gamradt noted that, if the 911 emergency services mill levy is approved, the City
will no longer need to obligate $600,000 annually toward those operations. He noted that, if the
Commission chooses to spend those monies, it may place them in reserves for a later time or possibly
earmark them for public safety needs, such as facilities; or it may choose to reduce property taxes.
Acting City Manager Brey noted that when the 911 Administrative Board originally passed the motion
to recommend placing this mill levy on the ballot, it also recommended that the City and the County commit
those monies to public safety, so that the mill levy didn't become a defacto mill levy for some other purpose.
He then cautioned that the general fund will be extremely difficult to balance next year, even at existing
levels, and encouraged the Commission not to tie its hands in that process.
Commissioner Krauss forwarded his position that it is best to place the dollars back in the taxpayers'
pockets. He feels that holding those monies in reserve for next year's budget is wrong, since the City will
face those same constraints and challenges if the mill levy fails.
Commissioner Youngman indicated she would support property tax relief fora portion of the monies,
but feels it is important to set aside a portion of the monies for public safety, either for capital or other needs.
She noted the city voters will benefit from the mill levy anyway, since they will be paying only their equitable
share of the costs of the 911 program.
Commissioner Kirchhoff stated it is important for the City Commission to identify how the "freed up"
monies are to be handled since it has endorsed the mill levy. He voiced his preference to give 60 percent
of the monies back to the taxpayers through a reduced mill levy for the City's general fund and the
remaining 40 percent to be earmarked for public safety, with the exact use of those monies to be
determined during the budgeting process.
It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that the monies "freed
up" by voter approval of the 911 emergency services mill levy be returned to the taxpayers in the upcoming
fiscal year through a corresponding reduction in the number of mills levied. 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.
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Discussion - FYI Items
The following "For Your Information" items were forwarded to the Commission.
(1) Copy of the Police Department statistics for the period August 25 through October 13, 2004,
pertaining to calls involving loud parties and other violations of the alcohol and drug laws.
Commissioner Youngman noted that these statistics were distributed at the Community Alcohol
Coalition meeting held last week, and she found the information interesting.
(2) Copy of a memo from Neighborhood Coordinator Tracy Oulman to Street Superintendent
John VanDelinder, thanking him for his recent presentation to the InterNeighborhood Council.
(3) Copy of the notice for the annual fall leaf and street clean-up scheduled to begin on
Wednesday, November 3.
(4) Copy of the Headwaters Recycling newsletter, announcing the next meeting is scheduled
for October 20 at Three Forks.
(5) Updated listing of planning projects to be considered at upcoming Commission meetings,
dated October 18, 2004.
(6) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, October
19, at the Courthouse.
(7) Agenda for the City Planning Board meeting to be held at 7:00 p.m. on Tuesday, October
19, in the Commission Room, along with notice that the Zoning Commission meeting has been cancelled
due to the lack of agenda items.
(8) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on
Wednesday, October 20. at the Professional Building.
(9) Agenda for the Bozeman Area Transportation Coordinating Committee meeting to be held
at 9:30 a.m. on Wednesday, October 27, in the Commission Room.
(10) Acting City Manager Brey noted that discussions about the transfer station go back at least
eight years. He recognized this is an extremely difficult issue, and recognized the Commissioners for their
decision on this item earlier in the meeting. He then forwarded staff's commitment to ensuring the
remainder of the Mandeville property is appropriately planned, with disposition of a portion of the site being
a strong possibility.
(11 ) The Acting City Manager expressed concern that the informal review process is based on
very preliminary and vague information; but any positive comments received during that review seem to
somehow paint the Commissioners into a corner when considering a formal application that provides more
substantive information and has been subject to review and analysis under the applicable criteria. As a
result of his concerns, he suggested this may be an issue worthy of discussion.
(12) The Acting City Manager noted that the Police Department has purchased tazer guns, and
nineteen of the officers have completed training on their use.
(13) Planning Director Andy Epple distributed a memo providing an update on the suggested
revisions to the unified development ordinance. He noted that 294 suggestions were received; and over
the next week, staff will be indexing and packaging the information for consideration. He then asked for
Commission feedback on the type of process to be followed in considering the revisions.
As a result of discussion, the Commissioners agreed it is important to hold public forums and give
the public ample opportunities to review that information and submit feedback on both an informal and
formal basis.
(14) Planning Director Epple noted that City staff will work with the County staff to determine the
best location for the replacement bridge on Ice Pond Road. He cautioned that one private property owner
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has expressed vehement opposition to encroachment onto his property, either for the bridge or during its
construction; and he believes there are acceptable alignments possible that will not require such
encroachment.
Commissioner Youngman suggested that staff urge the County to approve an alignment that works
for the rest of the road, that is acceptable to the neighbors and is at minimal cost to the City, and that
doesn't make the blind intersection any worse.
(15) Commissioner Krauss asked when the Commissioners are scheduled to next meet with the
County Commissioners; the Commissioners determined such a meeting should be held after the election
and asked Clerk of the Commission to work with the County Commissioners' office to schedule the meeting.
(16) Commissioner Krauss expressed concern about the proposal to move modular homes to
the County site on South 16th Avenue for use as a halfway house, without any City reviews.
Planning Director Epple responded that the project will be subject to Development Review
Committee review but, to date, no application has been received.
Commissioner Krauss suggested that the City write a letter to the County asking them about the
status of this proposal; the Commissioners concurred and Planning Director Epple indicated he will draft
the letter.
(17) Planning Director Epple indicated he has information on the NorthWestern Energy substation
project if the Commissioners wish to review it.
(18) Commissioner Krauss asked about enforcement of ADA requirements for accessible parking
spaces, voicing concern about the location of some of those spaces.
Acting City Manager Brey cautioned that the City's ability to mandate ADA compliance stops at the
front door, but steps have been taken to ensure the zone code includes as many of the ADA requirements
as possible. He noted that the City does not have enforcement authority; that is through the Department
of Justice.
(19) Mayor Cetraro noted that the Commission has now narrowed the field of candidates for
Municipal Judge to two and suggested the Commission set a time for conducting interviews.
The Commissioners set the interviews for 1 :30 p.m. to 5:00 p.m. on Friday and directed the Clerk
of the Commission to contact all applicants prior to releasing the names of the finalists.
Adiournment -11:10 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
carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner
Hietala, Commissioner Krauss, Commissioner Youngman an Mayor Cetraro; those voting No, none.
AN
ATTEST:
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R IN L. SULLI AN ~
Clerk of the Commission
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