HomeMy WebLinkAbout2004-09-27 Minutes, City Commission
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
September 27,2004
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The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal
Building, on Monday, September 27, 2004, at 7:00 p.m. 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 Clerk of
the Commission Robin Sullivan.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
Minutes. September 13. September 20. and September 20 work session. 2004
It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the minutes
of the meetings of September 13, September 20, and the September 20 work session, 2004, be approved
as submitted. The motion carried by the followingAye and No vote: those voting Aye being Commissioner
Krauss, Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala and Mayor Cetraro;
those voting No, none.
Consent Items
City Manager Kukulski presented to the Commission the following Consent Items.
Commission Resolution No. 3723 - levying and assessina liahtina district costs for
Fiscal Year 2004: provisionallv adopt and set public hearing for October 11.
2004
COMMISSION RESOLUTION NO. 3723
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
LEVYING AND ASSESSING MAINTENANCE AND ELECTRICAL CURRENT COSTS FOR
SPECIAL IMPROVEMENT LIGHTING MAINTENANCE DISTRICTS OF THE CITY OF
BOZEMAN.
Commission Resolution No. 3724 - levying and assessina delinauent solid waste
collection fees for Fiscal Year 2004: provisionallv adopt and set public hearina
for October 11. 2004
COMMISSION RESOLUTION NO. 3724
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN SPECIFIED
REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF
MONT ANA, TO DEFRAY THE COST AND EXPENSE OF COLLECTING, REMOVING AND
DISPOSING OF SOLID WASTE.
Commission Resolution No. 3725 - levying and assessina delinauent sewer charaes
for Fiscal Year 2004: provisionallv adopt and set public hearina for October 11.
2004
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COMMISSION RESOLUTION NO. 3725
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN SPECIFIED
REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF
MONT ANA, UNLESS PROVISIONALL Y EXEMPTED, TO COLLECT DELINQUENT
SEWER CHARGES PLUS COSTS AND EXPENSES INCURRED BY THE CITY OF
BOZEMAN, AS PROVIDED FOR IN SECTION 7-13-4309, MONT ANA CODE
ANNOTATED.
Commission Resolution No. 3726 -Iewina and assessina delinauent sidewalk reDair
charges for Fiscal Year 2004: DrovisionallY adoDt and set Dublic hearing for
October 11. 2004
COMMISSION RESOLUTION NO. 3726
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN SPECIFIED
REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF
MONTANA, TO COLLECT SIDEWALK REPAIR CHARGES PLUS COSTS AND
EXPENSES INCURRED BY THE CITY OF BOZEMAN, AS PROVIDED FOR IN CHAPTER
12.20 OF THE BOZEMAN MUNICIPAL CODE.
Commission Resolution No. 3727 - intent to create SDecial ImDrovement Liahtina
District (SILD) No. 679 - Walton Homestead Subdivision. Phases 1 and 2: set
Dublic hearina for October 18. 2004
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 ENERGYTHEREFOR
TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT.
Commission Resolution No. 3728 - intent to create SDecial ImDrovement Liahtina
District (SILD) No. 680 - Baxter Meadows Subdivision PUD. Phase 1: set Dublic
hearina for October 18. 2004
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.
Authorize Mayor to sian - Interlocal Agreement between Gallatin County and the City
of Bozeman for Joint Drua Forfeiture Account
Authorize City Manaaer to sign - AcceDtance of Mutual Access Easement and
Agreement between LAST. LLC. and Kit Yan Chu for Lots 6 and 7. Stone Ridge
PUD Subdivision. Phase 2A (StoneRidae Drive)
ADDroval of beer and wine license for remainder of Calendar Year 2004 - Kum & Go.
LC. for 1210 East Main Street: continaent UDon receiDt of Dermanent State
license
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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.
Zone Map Amendment. establish initial municipal zonina designations of "RS" on approximatelv
33 acres and IR.1" on approximately 4.8 acres Iyina alona the north side of Bridger Drive at 2215
Bridaer Drive - Snowload. LLC. for Kathlyn and Berl Hamilton. Annette Jacobs. and Jannel Schultz
(Z-04185)
This was the time and place set for the public hearing on the Zone Map Amendment requested by
Snowload, LLC, for Kathlyn and Berl Hamilton, Annette Jacobs, and Jannel Schultz under Application No.
2-04185, to establish initial municipal zoning designations of "RS," Residential Suburban, on approximately
33 acres and "R-1," Residential-Single-household, Low-density, on approximately 4.8 acres described as
the second tract of land described as the second tract of land described in Document No. 2012272, Records
of Gallatin County. The subject property lies along the north side of Bridger Drive, approximately 3700 feet
east of its intersection with Story Mill Road.
Public hearing
Mayor Cetraro opened the public hearing.
Associate Planner Chris Saunders presented the staff report. He noted the subject property lies
along the north side of Bridger Drive, immediately east of the single-household development on that side
of the road. He noted that surrounding uses include agricultural uses and single-household units on lots
of varying sizes. He stated that staff has reviewed this application in light of the twelve criteria contained
in the statute, and staff's comprehensive findings are contained in the written staff report. He then indicated
that the Zoning Commission considered this application at its meetings held on September a and
September 21 and, following those meetings, concurred in staff's recommendation for approval. He noted
that the requested combination of zones allows for protection of thesubstantial floodplain and the waterway,
particularly since the planned unit development process is necessary if additional density is desired.
Mr. Shaun Shahan, one of the principal owners, expressed his concurrence with the staff report.
He noted that the intent is to develop this property under the planned unit development process, allowing
stick built single-household units only.
Mr. Steve Green, 3030 Bridger Canyon Road, stated he resides on an aO-acre parcel. He noted that
he was initially confused about how a checkerboard annexation could occur, but later found that the
Bozeman 2020 Community Plan anticipates the city limits will extend along that roadway to its crossing over
Bridger Creek. He voiced his adamant opposition to the requested zoning, noting that it encroaches into
the Bridger Canyon entryway to the community. He further noted that this parcel is bordered by a 360-acre
parcel in a conservation easement and the Bridger Canyon zoning district.
Mr. Rodney Campbell, 2205 Bridger Drive, voiced concern about the 70-mile-per-hour speed zone
in this area, particularly with additional development along this curve.
Mr. Shaun Shahan recognized that this is a unique area, with large areas of wetlands, riparian area
and wildlife habitat that need to be protected. He suggested that, through the planned unit development
processes, large portions of the back of this property could be maintained in open space, with development
located closer to the roadway.
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Associate Planner Saunders confirmed that the Bridger Canyon zoning district is adjacent to the
eastern edge of this property. He then noted that this property is currently located in the Gallatin County
zoning district, and both the "RS" and "R-1" zoning designations are available; however, development in the
county would be on individual wells and septic systems.
Responding to Commissioner Krauss, Associate Planner Saunders stated that a planned unit
development can cross zoning district lines. He then indicated that the subject parcel contains 4.8 acres,
thus it falls under 5-acre size that triggers the requirement to provide six units per acre under the "R-1"
zoning designation. He then indicated it is unlikely that the Montana Department of Transportation will allow
more than two accesses from this parcel.
Mr. Shahan stated that the combination of zoning districts was requested to allow for diversity and
variety in development of the site, although the covenants will be strict on both zoning designations. He
noted that the planned unit development will further allow flexibility in development, allowing for more
development closer to the road and larger lots toward the back.
Responding to Commissioner Kirchhoff, Mr. Shahan identified Sundance Springs Subdivision as
probably the closest to the type of development he anticipates.
Responding to Commissioner Kirchhoff, Mr. Dennis Foreman acknowledged that the current speed
limit is of concern, and indicated that he will seek a lower speed limit in conjunction with development of this
site.
Commissioner Kirchhoff voiced his interest in seeing cluster development on this property, in fairly
tight nodes, to protect the wildlife habitat and large animal transportation corridor.
Mr. Shahan indicated that the applicant is open to ideas and will work with the neighbors to identify
a project that is generally acceptable to a majority of the people. He concluded by reiterating his interest
in taking advantage of the aesthetics of this unique property and protecting the sensitive areas.
Since there were no Commissioner objections, Mayor Cetraro closed the public hearing.
Decision
Commissioner Krauss stated that a planned unit development would give the flexibility to create a
nice project, rather than perpetuating the strip of single-household units that currently line the roadway. He
is, however, concerned that the strip of "R-1" zoning along the roadway might not lend itself to the clustered
type of development that would be preferable.
Commissioner Kirchhoff noted that, since this property abuts the Bridger Canyon zoning district, he
does not anticipate urban development will move any further east. He recognized the applicant is seeking
the best option for development with minimal adverse impacts on the wildlife, wetlands and other sensitive
areas and that is in harmony with the area. For him, it is important to have the development occur under
a comprehensive plan.
Responding to Commissioner Youngman, Associate Planner Saunders indicated that, ifthe planned
unit development process is applied to the entire parcel, the total density allowed for the underlying zones
could be accommodated under a variety of options. He cautioned that to zone the entire parcel as "RS"
would significantly reduce the density allowed. He then indicated that under the planned unit development
process, 30 percent additional density is allowed, based on the net acreage.
Responding to questions from Commissioner Krauss, Associate Planner Saunders stated it is
anticipated that the property to the west of this parcel will be developed, so the infrastructure within this
development would be extended to that property line. He then encouraged this property owner and the two
property owners to the west to coordinate their development plans to ensure that the infrastructure
alignments work.
Responding to Commissioner Hietala, the Associate Planner stated that this property could be
developed under the two separate zoning districts, probably through parallel applications. He then
suggested that, if the Commission feels development of this parcel under the planned unit development
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process is critical, that issue could be addressed under annexation of this parcel, which will be considered
in a subsequent agenda item.
Mr. Shahan stated he has no problem with development of the entire parcel occurring under the
planned unit development process, noting that has been his intent.
It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the Zone Map
Amendment requested by Snowload, LLC, for Kathlyn and Berl Hamilton, Annette Jacobs, and Jannel
Schultz under Application No. Z-04185, to establish initial municipal zoning designations of "RS," Residential
Suburban on approximately 33 acres and "R-1," Residential-Single-household, Low-density, on
approximately 4.8 acres described as the second tract of land described in Document No. 2012272,
Records of Gallatin County, be approved subject to the following conditions:
1. That the Commission approves the request for annexation which is the subject of
a subsequent agenda item.
2. That the ordinance of the Zone Map Amendment shall not be adopted until the
annexation agreement is executed and the resolution of annexation is adopted by
the City Commission. If the annexation is not approved, the application shall be null
and void.
3. That the applicant submit a zone amendment map, titled "Creekwood Zone Map
Amendment," on a 24-inch by 36-inch mylar, mt2-inch by 11-inch or 8Y:z-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 and
zoning districts, total acreage of the property and adjoining rights-of-way and/or
street easements (i.e., Bridger Canyon Road/Bridger Drive) with separate
descriptions of the rights-of-way.
4. That the ordinance for the Zone Map Amendment shall not be drafted until the
applicant provides a metes and bounds legal description for each zoning district,
prepared by a licensed Montana surveyor, and map of the area to be rezoned, which
will be utilized in the preparation of the ordinance to officially amend the zone map.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff,
Commissioner Hietala, Commissioner Krauss, Commissioner Youngman and Mayor Cetraro; those voting
No, none.
Conditional Use Permit with Certificate of Appropriateness - allow demolition of existina buildina
and construction of 1.750-square-foot lounae for on-site sale and consumption of alcohol and
aamina - Gaston Engineering for Bozeman Holdinas. LLC (Magic Diamond Too. 2625 West Main
Street) (Z-04209)
This was the time and place set for the public hearing on the Conditional Use Permit with Certificate
of Appropriateness requested by Gaston Engineering for Bozeman Holdings, LLC, under Application No.
Z-04209, to allow demolition of the existing building on the East Tract, West Main Street Annexation, and
construction of a 1, 750-square-foot lounge with on-site sale and consumption of alcoholic beverages and
gaming. The subject property is located at 2625 West Main Street.
Included in the Commissioners' packets was a letter from Gaston Engineering requesting that this
public hearing be continued for one week.
Public hearing
Mayor Cetraro opened the pUblic hearing.
It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that the public hearing
be continued to October 4, per the applicant's request. The motion carried by the following Aye and No
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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 garage and construction
of new two-stOry structure with first floor one-car garaae and one-car carport and second floor one
bedroom accessory dwellina unit. with deviations to allow the accessory dwelling unit on a lot one
foot less than the reauired 50-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 - Peter Belschwender.
516 North Grand Avenue (Z-04208)
This was the time and place set for the public hearing on the Certificate of Appropriateness
requested by Peter Belschwender under Application No. 2-04208, 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 accessory dwelling unit on lot that
is one foot less than the required 60-foot width and from Section 18.16.050, to allow the unit to encroach
20 feet into the required 20-foot rear yard setback and 5 feet into the required 5-foot side yard setback. The
subject property is located at 516 North Grand Avenue.
Included in the Commissioners' packets was a memo from Historic Preservation Planner Allyson
Brister providing background information and requesting that the public hearing be opened and continued
to November 1 to give the applicant an opportunity to submit a revised plan. Distributed just prior to the
meeting was a letter from the applicant, also asking that the hearing be opened and continued to November
1.
Public hearing
Mayor Cetraro opened the public hearing.
It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the public
hearing be continued to November 1, per staff's recommendation. 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.
Acknowledae receipt of petition for annexation of 37.794 acres described as a portion of the E%.
SE1J.. Section 32. T1 S. R6E. MPM (2215 Bridger Drive) - Snowload. LLC for Kathlvn and Berl Hamilton.
Annette Jacobs and Jennel Schultz; acknowledae receipt of staff report lA-04011)
Included in the Commissioners' packets was a copy of the application for annexation of 37.794 acres
described in Document No. 2012272, Records of Gallatin County, located in the East one-half, Southeast
one-quarter of Section 32, Township 1 South, Range 6 East, Montana Principal Meridian, as submitted by
Snowload, LLC, for Kathlyn and Berl Hamilton, Annette Jacobs and Jennet Schultz under Application No.
A-04011. The subject property lies along the north side of Bridger Drive, approximately 3700 feet east of
its intersection with Story Mill Road. Also included in the packet was a copy of the staff report, evaluating
this application against the goals and policies in the City's annexation policy.
Associate Planner Chris Saunders presented the staff report. He noted that the subject property
is not contiguous to the city limits, thus the petition process must be utilized.
The Associate Planner stated that staff has reviewed this application in light of the goals and policies
set forth in Commission Resolution No. 3137, and staff's comprehensive findings are contained in the
written staff report. Based on those findings, staff has forwarded a recommendation for approval, subject
to the following issues being addressed prior to or in the annexation agreement:
1. That the applicant execute at the Gallatin County Clerk and Recorder's office a
waiver of right-to-protest creation of SIDs for a City-wide Park Maintenance District,
which would provide a mechanism for the fair and equitable assessment of
maintenance costs for City parks as part of the Annexation Agreement.
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2. That provisions for water rights or cash-in-lieu of water rights in an amount
determined by the Director of Public Service be provided in the Annexation
Agreement whereby it is executed by the land owner prior to final subdivision plat
approval, final site plan approval, or issuance of any building permits, whichever
occurs first, prior to the City Commission adopting the Resolution of Annexation and
accepting the Annexation Agreement.
3. The landowners and their successors shall pay all fire and street impact fees for the
existing structures at the time of annexation; and fire, street, water and sewer impact
fees required by Chapter 3.24, Bozeman Municipal Code, or as amended at the time
of application for any permit listed therein.
4. Bridger Canyon Road is a principal arterial road which requires 110 feet of dedicated
right-of-way. The applicant shall provide and file with the County Clerk and
Recorder's office an executed Public Street and Utility Easement for an additional
20 feet width of right-of-way at the southwest corner of the subject annexation on the
north half of Bridger Canyon Road.
5. The applicant shall provide and file with the County Clerk and Recorder's office
executed Waivers of Right to Protest Creation of Special Improvement Districts
(SIDs) for the following:
i. Street improvements to Bridger Canyon Drive including but not
limited to paving, curb/gutter, sidewalk, and storm drainage.
ii. Signalization of the intersection of North Rouse Avenue and Griffin
Drive.
iii. Signalization of the intersection of Story Mill Road and Bridger
Canyon Drive.
The document filed shall specify that in the event an SID is not utilized for the
completion of these improvements, the developer agrees to participate in an
alternate financing method for the completion of said improvements on a fair share,
proportionate basis as determined by square footage of property, taxable valuation
of the property, traffic contribution from the development, or a combination thereof.
6. Landowner shall agree to provide rights-of-way by easement or other mechanism
acceptable to the City for pedestrian/bicycle trail( s) at the time of subdivision or other
development of the property. The locations shall be consistent with those shown in
the City's adopted transportation plan and/or growth policy unless other locations are
approved by the City.
7. The annexation agreement shall include notice that, prior to development, the
applicant will be responsible for installing any facilities required to provide full
municipal services to the property in accordance with the City of Bozeman's
infrastructure master plans and all City policies and guidelines that may be in effect
at the time of development.
8. Landowner shall agree to either provide easements to allow maintenance of the on-
site ditch or demonstrate to the satisfaction of the City that the ditch is abandoned.
9. Prior to any development of the subject annexation, the following flood plain
provisions must be met when applicable:
a. A Floodplain Development Permit must be obtained from the City
Engineer prior to final site plan approval.
b. The 100-year floodplain boundary and flood elevations must be
depicted on the final site plan.
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c. Culvert sizing design calculations shall be provided for the stream
crossing.
d. All buildings must be flood-proofed to at least 2 feet above the 100
year flood elevation. Elevation certificates must be provided for
each building following completion of construction.
10. Prior to any development of the subject annexation, a stormwater drainage and
grading plan shall be provided to and approved by the City Engineer. The plan must
demonstrate that adequate treatment of runoff from the public streets and all future
lots will be achieved by providing spot elevations, flow direction arrows, detention
and/or retention basin details (including basin sizing calculations and basin typical
sections), outlet structure details, and culvert capacity calculations. The plan must
also locate and provide easements for adequate drainage ways within the
annexation area to transport treated runoff to the stormwater receiving channel.
11. A detailed Traffic Impact Analysis Report may be required prior to future
development of the subject annexation.
12. Prior to development of the subject annexation, the applicant's engineer will be
required to prepare a comprehensive design report evaluating the existing capacity
of both the water and sewer utilities. The report must include hydraulic evaluations
of each utility for both existing and post-development demands. The report findings
must demonstrate that adequate capacity is available to serve full development of
the annexation area.
a. If adequate water and/or sewer capacity is not available for the full
development, the report must identify the water and sewer system
improvements required to provide the necessary capacity. Any
improvements necessary to serve the full development must be in
place prior to further development of the site.
b. Any water main extensions providing water to the subject annexation
will be looped.
13. An Annexation Map, titled "Creekwood Annexation Map" with a legal description of
the property and adjoining rights-of-way and/or street access easements (Le.,
Bridger Canyon Road), unless such rights-of-way are already annexed, shall be
submitted by the applicant for use with the Annexation Agreement. The map must
be supplied on a mylar for City records (18 inches by 24 inches), a reduced 8Y:z-inch
by 11-inch or 8Y:z-inch by 14-inch paper exhibit for filing with the Annexation
Agreement at the County Clerk and Recorder, and a digital copy for the City
Engineer's office. This map must be acceptable to the Director of Public Service
and City Engineer's office, and shall be submitted with the signed Annexation
Agreement.
14. The final annexation map and metes and bounds description shall include the full
width of all adjacent right(s)-of-way if not already annexed. Note that the metes and
bounds description for each adjacent right-of-way must be described separately
from that of the parcel. The applicant is responsible for obtaining any required
affidavits or consent to annexation from the Montana Department of Transportation
(MDT) or Gallatin County.
15. That the applicant executes all contingencies and terms of the Annexation
Agreement with the City of Bozeman within one (1) year of approval by the
governing body, or annexation approval shall be null and void unless an extension
is granted by the City Commission.
Associate Planner Saunders noted that the Development Review Committee has reviewed this
application. The Fire Department expressed concern about the fact that this property is not contiguous to
the city limits and voted against it; therefore, the Committee's recommendation is for denial. He indicated
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that, subsequently, the Montana Department of Transportation submitted an application for annexation of
all rights-of-way within city limits not currently annexed; and approval of that request would make this parcel
contiguous since it includes Bridger Drive to the east edge of this property.
The Associate Planner then recommended that Item No. 8 listed above be deleted since the
information on the ditch has already been provided.
Mr. Steve Green, 3030 Bridger Canyon Road, stressed the importance of addressing the speed
issue, noting that there have been four deaths within one mile of these driveways in the past twenty years.
He drew attention to the pristine quality of this property, stating that houses will not enhance it.
Mrs. Hallie Rugheimer, 1400 Story Mill Road, distributed her written testimony, attached to which
was an aerial photo of the immediate area, on which she noted Lyman Creek and Bridger Creek. She noted
that the City controls large amounts of water from Lyman Creek, which is a tributary of Bridger Creek, and
has historically diverted water from Lyman Creek for its water supply. She noted that the City has also
historically maintained a continuous flow down a waterway that connects the reservoir to Bridger Creek;
however, it has not done so since July 2003. She suggested that the City re-establish that waterway,
diverting additional water from the Bridger Creek channel near this property to alleviate possible flooding
along the creek, particularly since there is little or no natural streambank protection on a major portion of
her neighbor's property.
Mrs. Rugheimer also suggested that the City reinstate the historic overflow water from the Lyman
Creek reservoir, noting that that waterway has helped them farm their property as well as provided wildlife
habitat.
Mrs. Rugheimer concluded by encouraging the City to become engaged with the residents of the
area to create people-friendly neighborhoods along the Bridger Creek corridor.
Mr. Dennis Foreman, consulting engineer representing the applicant, stated that a traffic study will
be required in conjunction with development of this property, and that will identify the issues to be mitigated
to ensure the safety of the traveling public. He also noted that the Bridger Creek issues will be addressed
at that time.
Responding to Commissioner Youngman, Associate Planner Chris Saunders confirmed that a traffic
study is mandatory for development to occur. He noted that a cooperative effort that includes several
properties would be best, although this property can be considered by itself. He noted that the Montana
Department of Transportation is aware of this annexation request, and staff will continue to advise that office
as this project moves through the process.
Commissioner Youngman noted that additional information on the historic overflow, diversion and
wetlands would be beneficial as development of this site is considered.
Commissioner Krauss asked that an additional item be added to require any adjacent parks, open
space and trails be extended through the site.
As a result of Commission discussion, Associate Planner Saunders recommended that, in addition
to deleting Item No.8, the Commissioners amend the items listed above, as follows:
6. Landowner shall agree to provide rights-of-way by easement or other mechanism
acceptable to the City for pedestrian/bicycle trail( s) at the time of subdivision or other
development of the property. The locations shall be consistent with those shown in
the City's adopted transportation plan and/or growth policy unless other locations are
approved by the City. Landowner understands and agrees that any contiguous
parks, open space, and/or trails shall be extended to the annexed property and that
location, facility type, and other park development issues will be coordinated
between landowner and reasonably anticipated development on adjacent property
to the west. While coordination is needed, final approval will remain with the City,
and landowner will be responsible for the development of the portion of the park on
this property to the standards required by ordinance or development approval on the
property.
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8. NEW Development of the subject parcel shall be conducted through a planned
unit development process. Phasing is acceptable; however, the planned unit
development with its overall design, architectural standards, open space layout, and
transportation facilities shall be integrated across the entire property.
It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that staff be
directed to bring back an annexation agreement addressing Item Nos. 1 through 15, as amended, for
Commission consideration. 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.
ADDointments to Community Alcohol Coalition
Included in the Commissioners' packets was a memo from Deputy Clerk of the Commission
DeLathower forwarding an application for this board.
It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that Angela Ferraro
be appointed as a hospitality industry representative on the Community Alcohol Coalition with an initial term
to expire on June 30,2007. 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.
Discussion - FYI Items
The following "For Your Information" items were forwarded to the Commission.
(1 ) Copy of a letter from the Northeast Neighborhood Association to the Gallatin County Fair
Board, dated September 22.
(2) Letter from Will and Jennifer Swearingen, 502 South 6th Avenue, dated September 19,
encouraging the Commission to fine tune the code provisions pertaining to infill and accessory dwelling
units.
(3) Flyer announcing that the replica gun from "Old lronsides" will be on display at the Bozeman
Public Library on October 9 and 10.
(4) Letter from Thail Davis, Assistant Director of the Downtown Bozeman Partnership,
requesting that the Commission adopt an urgency ordinance to prohibit the issuance of any conditional use
permits for professional office space on the ground floor along Main Street.
Planning Director Epple stated that, if the Commission wishes, staff can place a notice in the
newspaper for consideration of an urgency ordinance.
Responding to Commissioner Krauss, the Planning Director indicated that an urgency ordinance can
become effective much more quickly than an amendment to the unified development ordinance. He then
noted that the Downtown Bozeman Association's comfort level under the existing code provisions is not very
high, thus the request.
Commissioner Youngman noted she would like to publicly consider this request. City Manager
Kukulski responded that this item could be placed on next week's agenda for discussion; a majority of the
Commissioners concurred.
(5) Agenda for the County Planning Board meeting to be held at 6:30 p.m. on Monday,
September 27, at the Courthouse, along with notes from the meeting held on September 14.
(6) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on
Tuesday, September 28, at the Professional Building.
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(7) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday,
September 28, at the Professional Building.
(8) Assistant City Manager Brey noted that, just prior to the meeting, he distributed a compilation
of the goals listed at last week's meeting. He stated that the goals have been listed under the department
that would be primarily responsible for those goals, along with the names of the individuals submitting the
goals. He noted the next step is for staff to come back with background information that can be used to
pare down the list of goals.
(9) City Manager Kukulski submitted the following. (1) Noted that he will be at the ICMA
Conference during the week of October 18. (2) Stated that October 25 will be the first scheduled work
session only meeting.
(10) City Manager Kukulski distributed a memo with a proposed revision to his contract. He noted
that this revision provides for more flexibility in earmarking the monies allocated for retirement but does not
change the amount available for that purpose. He indicated that, if there are no Commissioner concerns,
he will place this item on next week's consent agenda.
(11 ) City Manager Kukulski suggested that, while everyone is in Kalispell for the Montana League
of Cities and Towns Convention next week, it might be beneficial to take a tour of the community to better
understand his perspective.
(12) Acting City Attorney Cooper stated he is working on an agreement with representatives for
the developers along North 19th Avenue and Valley Center Road, and will be pushing to get that agreement
on next week's agenda.
(13) Commissioner Youngman reported on the "Montana on the Move" economic development
meeting that she attended in Helena today. She noted that today's meeting included progress reports on
what is happening in other cities around the state. She stated other communities have committed to
participate in the program, although Bozeman has not yet. She noted that "City Club" and "Hometown
Helena" are the names that have been used by some communities for morning meetings held once a week
to keep both members of the public and private sector abreast of what's happening.
(14) Commissioner Youngman stated that she, Commissioner Krauss, City Manager Kukulski,
and Director of Finance Gamradt will be attending a library strategy meeting later this week. She noted they
will work through the questions raised during the Commission meeting a couple of weeks ago and will try
to identify a role for the City that does not result in committing monies toward the project.
(15) Commissioner Kirchhoff requested, on behalf of the Bozeman Area Transit Committee, that
the Commission ask Staff Attorney Susan Wordal to work on their request for clarification in a more
expedited manner, as long as it does not bump something else already stressed by the Commissioners; a
majority of the Commissioners agreed.
Adjournment ~ 8:25 p.m.
There being no further business to come before the Commission at this time, it was moved by
Commissioner Hietala, seconded by Commissioner Krauss, that the meeting be adjourned. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner
Krauss, Commissioner Youngman, Commissioner Kirc off a d Mayor Cetraro; those voting No, none.
ATTEST:
~~.sr~
Clerk of the Commission
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