HomeMy WebLinkAbout2004-09-07 Minutes, City Commission
MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
September 7, 2004
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The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal
Building, on Tuesday, September 7,2004, at 7:00 pm. Present were Mayor Andrew Cetraro, Commissioner
Jeff Krauss, Commissioner Marcia Youngman, Commissioner Steve Kirchhoff, Commissioner Lee Hietala,
City Manager Chris Kukulski, Assistant City Manager Ron Brey, Director of Public Service Debbie Arkell,
Planning Director Andy Epple, Acting City Attorney Tim Cooper, and Deputy Clerk of the Commission Karen
DeLathower.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
Minutes - May 3. May 24. June 7. Auaust 23 and Auaust 30, 2004
It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the minutes
of the meetings of May 24, June 7, August 23, and August 30,2004 be approved as submitted. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner
Youngman, Commissioner Kirchhoff, Commissioner Hietala, and Mayor Cetraro; those voting No, none.
Mayor Cetraro deferred action on the minutes of the meeting of May 3, 2004, to a later date.
Consent Items
City Manager Kukulski presented to the Commission the following Consent Items.
Ordinance No. 1621 - settina City Commissioner salaries. effective July 1. 2004: finally
adopt
ORDINANCE NO. 1621
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
FIXING THE SALARIES OF THE CITY COMMISSIONERS AND MAYOR OF THE CITY OF
BOZEMAN, MONT ANA, IN ACCORDANCE WITH SECTION 2.04.070 OF THE BOZEMAN
MUNICIPAL CODE.
Acknowledae receipt of staff report - annexation of 85.3463 acres described as Tract
1-A. Tract 3-A and Tract 4-A. COS No. 2153:Tract A, COS No. 939. and Tracts
1 and 3, COS No. 1723 (Mandeville Farm) plus approximately 130 acres of
railroad riaht-of-way extendina from the 1-90/North Rouse Ayenue overpass to
a point south of the intersection of Moss Bridge Road/Frontaae Road - City of
Bozeman (A-04013)
Commission Resolution No. 3719 - intent to annex 85.3463 acres described as Tract
1-A. Tract 3-A and Tract 4-A. COS No. 2153:Tract A, COS No. 939. and Tracts
1 and 3. COS No. 1723 (Mandeville Farm) plus approximately 130 acres of
railroad riaht-of-way extending from the 1-90/North Rouse Avenue overpass to
a point south of the intersection of Moss Bridae Road/Frontaae Road: set
public hearina for October 4. 2004
COMMISSION RESOLUTION NO. 3719
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
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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.
Acknowledae receipt of application for annexation - south 160 feet of Tract 12.
Beatty's Alder Court Subdivision (1604 West Lincoln Street) - Gaston
Enaineerina for Ryan J. Kirt: refer to staff
Approval of formal development plan and park master plan for the desian of
dedicated parklands in The Villaae Downtown Planned Unit Development
Approval of final plat for The Villaae Downtown Planned Unit Deyelopment major
subdivision - The Villaae Inyestment Group. Inc. for BRC Investments -
subdivide:t8 acres described as a portion of Lot 1. Amended Plat C-23-A10.
into 32 residential townhouse lots. alleys. trail and open space areas (east of
North Broadway Avenue at East Mendenhall Street extended) (P-04033)
Approval of formal development plan and park master plan for the desian of
dedicated parklands in Harvest Creek Subdivision (P-03023)
Acknowledae receipt of applicant's written response to Condition No. 51 for approval
of preliminary plat for Harvest Creek Subdivision. Phases 8-11
Authorize City Manaaer to sian - Contract Aareement with Superior Concrete LTD.
Bozeman. Montana - curb replacement alona the west side of the unit block
of South Willson Avenue (adiacent to the Downtowner Mall)
Authorize City Manaaer to sian - Professional Services Aareement with RockY
Mountain Security Service. Inc.. Bozeman. Montana - for security services for
protective custody holds for the Bozeman Police Department
Authorize City Manaaer to sian - Acceptance of Sewer Pipeline and Access Easement
and Aareement - 20-foot-wide easement across Lots 13 and 14. Block 1. and
Open Space B. Gallatin Park Subdivision - Tablerock Ventures. Inc.. and Fund
of Funds (extendina west from Manley Road)
Reiect bids for CTEP Project STPE 1299(17) - Emerson Center liahtina proiect:
authorize staff to rebid project
Appointment of Commissioner Kirchhoff and Commissioner Hietala to sub-committee
to review Depository Bonds and Pledaed Securities as of June 30. 2004
Claims
It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the
Commission approve the Consent Items as listed and authorize and direct the appropriate persons to
complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye
being Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss,
and Mayor Cetraro; those voting No, none.
Public comment
No one was present to speak under this item.
Public review - CDBG Economic Development Revolvina Loan Fund - Aveda Rocky Mountain
Institute
Included in the Commissioners' packets were a copy of the application submitted by Aveda Rocky
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Mountain Institute and a memo from the Gallatin Development Corporation forwarding the CDBG Economic
Development Loan Review Committee's recommendation.
Mark Evans, Gallatin Development Corporation, reviewed this application for working capital to
establish a new cosmetology school in Bozeman. It is anticipated that 11 new jobs will be created.
Justin Bigart, principal, stated there are only eight such institutes in the world; and they have
convinced Aveda that Bozeman is the best non-urban environment for one of their schools. They anticipate
drawing international and national students, as well as regional ones.
It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the Commission
approve the application from Aveda Rocky Mountain Institute for a loan from the CDBG Economic
Development Revolving Loan Fund in the amount of $180,000, subject to the following conditions:
1. The loan shall be for a period of five years, at five percent interest;
2. The loan will be matched by a $180,000 loan from a local lender and $30,000 in
equity from the applicant;
3. The monies will be disbursed as follows: $55,000 initially with subsequent
disbursements, no more than once monthly, at the rate of $2,000 per new student
enrolled; and
4. Collateral for the loan is a second lien on business assets and personal guarantees
from the principal owners.
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 of The Garage at City Center
Included in the Commissioners' packets was a memo from Assistant City Manager Brey forwarding
a letter from Lone Eagle Investments, submitting additional information on the proposal that was unveiled
at the August 16 meeting.
Assistant City Manager Brey reviewed the history of this presentation and previous Commission
action. He reminded the Commission that either option would require full City review.
Mr. Clotfelter stated he was here tonight looking for additional language in the Memorandum of
Agreement that the land on the east side of Black Avenue will be available for use for the parking structure.
Assistant City Manager Brey clarified that staff has drafted an amendment to the Memorandum of
Agreement for that purpose, but there may need to be some adjustment to the cost caps for both options
to fit under the terms of that agreement. Another adjustment stemming from Option B is the amount of retail
square footage. An amendment to the Memorandum of Agreement is required for Mr. Clotfelter to proceed
with Option B.
Commissioner Krauss asked who owns the lot east of Black Avenue and has an appraisal been
done to establish its value. He also questioned the legalities of City-owned property being used by a non-
profit. Assistant City Manager B rey responded the City 0 f Bozeman 0 wns t he lot, a nd t here are no
appraisals for the parking lots themselves.
Commissioner Krauss then questioned the opportunity costs of Option A versus Option B. He noted
the public has expressed interest in the mass of these buildings and asked if there are any measures of the
mass of Option B, compared to Option A.
Commissioner Youngman pointed out the additional retail spaces that will be created with Option
B will provide additional revenue to help the parking garage pay for itself.
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Commissioner Krauss expressed his discomfort with choosing a design option at this point in time.
Paul Reichart, Downtown Bozeman Partnership, stated he was present to encourage the
Commission to support amending the Memorandum of Agreement to allow the developer to go forward with
Option B, which is the option the Downtown Bozeman Improvement District Board supports.
Commissioner Kirchhoff suggested a possible motion would be to amend the Memorandum of
Agreement to facilitate either Option A or Option B, which would not dictate any design and allows the
applicant to go forward with whatever design they feel will best suit the community.
Assistant City Manager Brey noted if Design Review Board review is required, the Memorandum of
Agreement would have to be extended to accommodate that.
Responding to Commissioner Krauss, Assistant City Manager Brey stated the Commission can
choose to endorse Option B with the understanding that it will get feedback from the Design Review Board
and an estimate of the value of the city lot east of Black Avenue, or require Design Review Board feedback
and estimated value of the lot before authorizing the developer to proceed with Option B. Commissioner
Krauss voiced his preference to obtain the estimated value and Design Review Board review before
approving an option.
Commissioner Hietala suggested that the further down the line this process moves, the more
pressure there will be to endorse whichever design concept the applicant prefers.
It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that staff be directed
to revise the Memorandum of Agreement to add language that the City-owned lot east of Black Avenue on
Mendenhall Street may be included in the design consideration of a parking garage, subject to an appraisal
of that lot, and that a preliminary review of the parking garage design be conducted by the Design Review
Board. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Krauss,
Commissioner Youngman, and Mayor Cetraro; those voting No being Commissioner Kirchhoff and
Commissioner Hietala.
Public hearina - Commission Resolution No. 3708 - levvina and assessinQ street maintenance
district assessments for Fiscal Year 2004-2005
This was the time and place set for the public hearing on levying and assessing of street
maintenance district assessments for Fiscal Year 2004-2005, as set forth in Commission Resolution No.
3708, entitled:
COMMISSION RESOLUTION NO. 3708
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 CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF
MONTANA, TO DEFRAY THE COST AND EXPENSE INCURRED IN THE CITY-WIDE
STREET MAINTENANCE DISTRICT IN THE CITY OF BOZEMAN AND TO EXTEND THE
BOUNDARIES OF SAID DISTRICT TO ENCOMPASS ANNEXED PROPERTIES.
Mayor Cetraro opened the public hearing.
Director of Public Service Arkell presented a history of the street maintenance district, which is now
fully funded through the gas tax distribution and these assessments.
Dane Gamble, 13 Hitching Post Road, stated the increase in the street maintenance district has
been greater than the consumer price index would indicate is fair. He suggested more public
communication is needed regarding the expenditure of this money and asked the Commission to vote in
opposition.
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Decision - Commission Resolution No. 3708 - levvina and assessina street maintenance district
assessments for Fiscal Year 2004-2005
It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that Commission
Resolution No. 3708, levying and assessing street maintenance district assessments 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.
Public hearina - Commission Resolution No. 3709 - levvina and assessina tree maintenance district
assessments for Fiscal Year 2004-2005
This was the time and place set for the public hearing on levying and assessing of tree maintenance
district assessments for Fiscal Year 2004-2005, as set forth in Commission Resolution No. 3709, entitled:
COMMISSION RESOLUTION NO. 3709
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 CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF
MONTANA, TO DEFRAY THE COST AND EXPENSE INCURRED IN THE CITY-WIDE
TREE MAINTENANCE DISTRICT IN THE CITY OF BOZEMAN AND TO EXTEND THE
BOUNDARIES OF SAID DISTRICT TO ENCOMPASS ANNEXED PROPERTIES.
Mayor Cetraro opened the public hearing.
Superintendent of Facilities and Lands Goehrung noted this district has been in place for the last 14
years; and following an inventory of all trees planted on public land, the value of the City's urban forest is in
excess of $20 million at this time. He then reviewed the accomplishments of the Forestry Division over the
past year.
Dane Gamble. 13 Hitching Post Road, agreed the street and tree departments deserve to be
properly funded, but questioned when the increases will mirror what's happening with the economy as a
whole. He urged the Commission to vote for a lesser assessment or no increase in assessment level at
all.
In response to Mr. Gamble, the Superintendent of Facilities and Lands stated the assessments
began at bare bone minimums, and they have had to be increased to maintain the quality and increase the
size of the city's urban forest.
Since there were no objections, Mayor Cetraro closed the public hearing.
Decision - Commission Resolution No. 3709 - levvina and assessina tree maintenance district
assessments for Fiscal Year 2004-2005
It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that Commission
Resolution No. 3709, levying and assessing tree maintenance district assessments for Fiscal Year 2004-2005,
be finally adopted. The motion failed by the following Aye and No vote: those voting Aye being
Commissioner Kirchhoff and Commissioner Youngman; those voting No being Commissioner Hietala,
Commissioner Krauss, and Mayor Cetraro.
It was then moved by Commissioner Hietala, seconded by Commissioner Krauss, that the tree
maintenance district assessments for Fiscal Year 2004-2005 be retained at the same assessment level as
levied in Fiscal Year 2003-2004. 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.
Commissioner Youngman requested staff come back to the Commission and let them know the
consequences of not increasing the assessment this year.
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Public hearing - intent to abandon and vacate portions of the riahts-of-way for West Oak Street.
North Black Avenue and north/south alley in Blocks 3 and 4. Imes Addition (Fairgrounds)
This was the time and place set for the public hearing on the intent to abandon and vacate portions
of the rights-of-way for West Oak Street, North Black Avenue and north/south alley in Blocks 3 and 4, Imes
Addition. The subject property is more commonly located in the northeast quadrant of the Fairgrounds.
Mayor Cetraro opened the public hearing.
Assistant City Manager Brey reminded the Commissioners that in past vacation or easement granting
situations with the County, the County has made the determination that reimbursement from the City would
be necessary. Therefore, staff recommended that the portion of the requested vacation to the Pea Cannery
Properties, LLC be approved; and the Commission grant the remainder of the proposed vacation after a
determination of the value of the property vacated to the County is made and the appropriate assessment to
the County is made. However, it has just come to staff's attention that the County has made an agreement
with the Pea Cannery Properties, LLC that the entire vacation will accrue to the Pea Cannery Properties.
Staff's revised recommendation is to proceed with the entire vacation, provided the entire vacation accrues
to the Pea Cannery Properties.
Susan Swimley, Nellen & Swimley, provided a background of this vacation, noting the County and
Pea Cannery Properties, LLC have agreed that the County will provide the entire vacation to Pea Cannery
Properties, LLC. She asked the Commission to move forward with this requested abandonment and
vacation.
Jennifer Smith-Mitchell, Gallatin County Commissioner, stated they are in agreement that 100
percent of the vacated right-of-way should be given to Pea Cannery Properties.
No one was present to speak in opposition to the abandonment and vacation of this property.
Since there were no Commissioner objections, Mayor Cetraro closed the public hearing.
Decision - intent to abandon and vacate portions of the riahts-ot-way tor West Oak Street. North
Black Avenue and north/south alley in Blocks 3 and 4. Imes Addition (Fairarounds)
It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that staff be directed
to bring back a resolution for abandonment and vacation of portions of the rights-of-way for West Oak Street,
North Black Avenue and north/south alley in Blocks 3 and 4, Imes Addition, upon submittal of a revised plat
and completion of staff recommended conditions, provided the entire vacation accrues to Pea Cannery
Properties, LLC. 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 hearina - intent to abandon and vacate portion of the right-of-wav tor West Lincoln Street.
extendina westward from South 5th Avenue approximately 143 feet
This was the time and place set for the public hearing on the intent to abandon and vacate that
portion ofthe right-of-way for West Lincoln Street extending westward from South 5th Avenue approximately
143 feet, as requested by Sharon Burkhalter.
Mayor Cetraro opened the public hearing.
No one was present to speak in opposition to the abandonment and vacation of this property.
Since there were no Commissioner objections, Mayor Cetraro closed the public hearing.
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Decision - intent to abandon and vacate portion ofthe riaht-of-way for West Lincoln Street. extendina
westward from South 5th Avenue approximately 143 feet
It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that staff be
directed to bring back a resolution for abandonment and vacation of that portion of the right-of-way for West
Lincoln Street extending westward from South 5th Avenue approximately 143 feet, upon submittal of a revised
plat and completion of staff recommended conditions. 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.
Continued public hearina - Preliminary plat for West Meadows Subdivision - amend preliminarily
approved West Meadows Subdivision. Phase III. to allow subdivision of 23.93 acres into 60 sinale-
household lots instead of 50 single-household lots - Rockv Mountain Enaineers for Yvonne Jarrett
and Euaene Graf III. et al. CP-04032)
This was the time and place set for the continued public hearing on the requested amendment to
the preliminarily approved preliminary plat for West Meadows Subdivision, Phase III, as requested by Rocky
Mountain Engineers for Yvonne Jarrett and Eugene Graf III et al. under Application No. P-04032, to allow
the subdivision of 23.93 acres described as Lot 2, South Meadow Minor Subdivision No. 294, into 60 single-
household lots instead of 50 single-household lots.
Mayor Cetraro reopened the continued public hearing.
Commissioner Youngman stated that the information provided by Rocky Mountain Engineers
regarding groundwater flow was sufficient for her to make her decision.
No one was present to speak in opposition to this application.
Since there were no Commissioner objections, Mayor Cetraro closed the public hearing.
Decision - Preliminary plat for West Meadows Subdivision - amend preliminarily approved West
Meadows SubdiYision. Phase III. to allow subdivision of 23.93 acres into 60 sinale-household lots
instead of 50 sinale-household lots - RockY Mountain Engineers for Yvonne Jarrett and Euaene Graf
III. et al. CP-04032)
It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the requested
amendment to the preliminarily approved preliminary plat for West Meadows Subdivision, Phase III, as
requested by Rocky Mountain Engineers for Yvonne Jarrett and Eugene Graf III et al. under Application No.
P-04032, to allow the subdivision of 23.93 acres described as Lot 2, South Meadow Minor Subdivision No.
294, into 60 single-household lots instead of 50 single-household lots, be approved subject to the following
conditions:
1. No existing mature vegetation within the watercourse setback and wetlands shall be
removed from the site unless approved by the City of Bozeman Planning Office.
2. Buildings proposed for construction with crawl spaces or basements shall include
engineer certification regarding depth of groundwater and soil conditions and
proposed mitigation methods to be submitted with each building permit. The final
plat shall include a notation that, due to high groundwater conditions, full or partial
basements are not recommended.
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.
Public hearina - Conditional Use Permit and Certificate of Appropriateness to allow re-use of existina
buildina as a restaurant servina beer and wine for on-premise consumption. construction of a 359-
sauare-foot addition. and construction of a 900-sauare-foot outdoor patio area. with deviations -
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Taylor Hanson Kane Architects representina AndY Hassanali for Yvonne Arrinaton (Tsavo Cafe. 622
West Mendenhall Street) (Z~04186)
This was the time and place set for the public hearing on the Conditional Use Permit and Certificate
of Appropriateness requested by Taylor Hanson Kane Architects representing Andy Hassanali for Yvonne
Arrington under Application No. 2-04186, to allow re-use of the existing building on Lots 29 through 32,
Block E, Tracy's Addition, as a restaurant serving beer and wine for on-premise consumption, construction
of a 359-square-foot addition, and construction of a 900-square-foot outdoor patio area, with deviations from
Section 18.46.040, Bozeman Municipal Code, to allow up to eight parking spaces less than required; from
Section 18.18.050, to allow the outdoor patio to encroach approximately 20 feet into the required 25-foot
setback along West Mendenhall Street; and from Section 18.18.050, to allow the new addition and parking
to encroach approximately nine feet into the required 25-foot setback along North 7th Avenue.
Mayor Cetraro opened the public hearing.
Included in the Commissioners' packets was a letter from Taylor Hanson Kane Architects, dated
August 31, requesting that the public hearing be continued to the beginning of October.
Decision - Conditional Use Permit and Certificate of Appropriateness to allow re-use of existina
buildina as a restaurant servina beer and wine for on-premise consumption. construction of a 359-
sauare-foot addition. and construction of a 900-sauare-foot outdoor patio area. with deviations -
TaYlor Hanson Kane Architects representina AndY Hassanali for Yvonne Arrinaton (Tsavo Cafe. 622
West Mendenhall Street) (Z-04186)
It was moved by Commissioner Hietala, seconded by Commissioner Krauss, to leave the public
hearing open and continue the public hearing and decision on this item until October 4, 2004. 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.
Public hearina - intent to annex 1.754:1: acres at 325 Griffin Driye - Palari Architects for McLendon
Investments. LLC (A-04008)
This was the time and place set for the public hearing on the intent to annex 1. 754::t: acres described
as Lot 27, Gordon Mandeville State School Section Subdivision, as requested by Palari Architects for
McLendon Investments, LLC, under Application No. A-04008. The subject property is located at 325 Griffin
Drive.
Mayor Cetraro opened the public hearing.
Senior Planner Skelton stated that staff has reviewed this application in light of the goals and policies
set forth in Commission Resolution No. 3137. Based on those findings, staff has forwarded a
recommendation for approval of the annexation, contingent upon the following items 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.
2. Applicant shall provide and file with the County Clerk and Recorder's office executed
waivers of right to protest creation of SIDs for the following:
a. Street improvements to Griffin Drive and North 7th Avenue; including
but not limited to paving, curb and gutter, sidewalk, and storm
drainage improvements.
b. Signalization improvements at the intersection of Griffin Drive and
North 7th Avenue.
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The documents filed shall specify that in the event an SID is not utilized for the
completion of these improvements, the developer agrees to participate in an
alternate financing method for the completion of said improvements on a fair share,
proportionate basis as determined by square footage of property, taxable valuation
of the property, traffic contribution from the development, or a combination thereof.
3. The owner shall provide public street and utility easements for Griffin Drive. The
easement shall be an additional 15 feet along the north half of Griffin Drive.
4. That water rights or cash-in-lieu of water rights in an amount determined by the
Director of Public Service is provided by the applicant prior to the City Commission
adopting the Resolution of Annexation and accepting the Annexation Agreement.
5. That at the time of connection to the City's water and sewer facilities, the landowners
shall pay all applicable water and sewer impact fees that are due. The landowners
and their successors shall pay all 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.
6. The Annexation Agreement should include notice that, prior to development, the
developer will be responsible for installing any facilities required to provide full
municipal services to the property in accordance with the City's infrastructure master
plan and all City policies and guidelines that may be in effect at the time of
development.
7. The property owner should be advised that prior to development of the property, the
future developer(s) may be required to prepare, at their own expense, a
comprehensive design report evaluating existing capacity of water and sewer
utilities, stormwater master plan, and traffic impacts.
8. An annexation map, titled "Sundance Business Court Annexation Map" with a legal
description of the property shall be submitted by the applicant for use with the
Annexation Agreement. The map must be supplied on a mylar for City records (18
inch by 24 inch), a reduced 8Y:z-inch by 11-inch or 8Y:z-inch by 14-inch 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. 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.
9. That the applicant executes all contingencies and terms of said Annexation
Agreement with the City of Bozeman within one year of approval by the governing
body, or annexation approval shall be null and void.
Chris Urich, Palari Architects, was present to answer any questions.
No one was present to speak in opposition to this annexation application.
Since there were no Commissioner objections, Mayor Cetraro closed the public hearing.
Decision - intent to annex 1.754:t acres at 325 Griffin Drive - Palari Architects for Mclendon
Investments. llC (A-04008)
It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the Commission
authorize and direct staff to bring back an annexation agreement, addressing Item Nos. 1 through 9 listed in
the previous agenda item, for the 1.754:1: acres described as Lot 27, Gordon Mandeville State School Section
Subdivision. 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.
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Public hearina - Zone MaD Amendment - establish initial municiDal zonina desianation of "M-1".
Liaht Manufacturina. on 1.754:t acres at 325 Griffin Drive - Palari Architects for Mclendon
Investments. llC (Z-04145)
This was the time and place set for the public hearing on the Zone Map Amendment requested by
Palari Architects for McLendon Investments, LLC, under Application No. Z-04145, to establish an initial
municipal zoning designation of "M-1 ", Light Manufacturing, on 1. 754:t acres described as Lot 27, Gordon
Mandeville State School Section Subdivision. The subject property is located at 325 Griffin Drive.
Mayor Cetraro opened the public hearing.
Senior Planner Skelton presented the staff report. He stated that staff has reviewed this application
in light of the twelve criteria contained in the code, and staff's comprehensive findings are contained in the
written staff report. Based on those findings, he noted that staff has recommended approval, and the
Zoning Commission concurred in that recommendation following its review of this application at its meeting
held on August 3,2004.
No one was present to speak in opposition to this zone map amendment.
Since there were no Commissioner objections, Mayor Cetraro closed the public hearing.
Decision - Zone MaD Amendment - establish initial municiDal zonina desianation of "M-1". Liaht
Manufacturina. on 1.754::!: acres at 325 Griffin Drive - Palari Architects for Mclendon Investments.
llC (Z-04145)
It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the Zone Map
Amendment requested by Palari Architects for McLendon Investments, LLC, under Application No. Z-04145,
to establish an initial municipal zoning designation of "M-1", Light Manufacturing, on 1.754:t acres described
as Lot 27, Gordon Mandeville State School Section Subdivision, be initially approved; and that staff be
directed to bring back an ordinance enacting the zone map amendment upon completion of the annexation
process. The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Youngman, Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, and Mayor Cetraro; those
voting No, none. .
Break 8:56 - 9:05 Dm
Mayor Cetraro declared a break from 8:56 pm until 9:05 pm in accordance with Commission policy.
Public hearina - intent to annex 1.93 acres aenerallv located west of Alder Court lane. south of West
lincoln Street. and east of MaDle lane - Gaston Enaineerina for Shaun Shahan. reDresentina Stoltz
Beck ProDerties (A-04009)
This was the time and place set for the public hearing on the intent to annex 1.93 acres described
as Lots 26 and 27, Beatty's Alder Court Subdivision; Tract 1 as described in Document No. 2054756; Tract
2 as described in Document No. 2054753; and Tract E, as described in Film 191, Page 2361 , on file at the
Gallatin Clerk and Recorder's office, as requested by Gaston Engineering for Shaun Shahan, representing
Stoltz Beck Properties under Application No. A-04009. The subject property is located west of Alder Court
Lane, south of West Lincoln Street and east of Maple Lane.
Mayor Cetraro opened the public hearing.
Assistant Planner Kozub 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 staff
report. Based on that review, staff has forwarded the recommendation that the subject property be annexed,
subject to the following17 items being addressed prior to or in the Annexation Agreement:
09-07-04
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1. Prior to annexation, the applicant shall provide provisions for a turn-around, with the design
and legal status subject to review and approval by the Department
of Public
Safety-I nspections.
2. That, with further development of these lots, the property owners shall provide a
pedestrian connection extending northward from the University Apartments
development toward the Montana State University campus on an alignment to be
reviewed and approved by the Office of Planning and Community Development.
3. The final annexation map and legal metes and bounds descriptions shall include the
full width of all adjacent rights-of-way. Note that the metes and bounds descriptions
for adjacent rights-of-way must be described separately from that of the parcel. The
applicant is responsible for obtaining any required affidavits or signatures from the
Montana Department of Transportation (MDoT) and/or Gallatin County.
4. The owner shall record with the County Clerk and Recorder's office executed
Waivers of Right to Protest Creation of SIDs to be filed with the Annexation
Agreement for the following:
a) City-wide Parks Maintenance District
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 said improvements on a fair share, proportionate
basis such as square footage, taxable valuation of the property traffic contribution
from the development or a combination thereof.
5. At the time of annexation, the landowners shall pay all street and fire impact fees
that are attributable for the existing residences. At the time of connection to the
City's water and sewer facilities, the landowners shall pay all applicable water and
sewer impact fees for the existing residences. At the time of any further
development on the properties, the landowners and their successors shall pay all
additional impact fees required by Chapter 3.24, Bozeman Municipal Code.
6. Water rights, or cash in-lieu thereof, shall be paid to the City prior to City acceptance
of the annexation agreement.
7. The Annexation Agreement, which addresses all terms placed on the annexation
application by the City Commission, shall be returned to the City of Bozeman
Planning and Community Development Department within one year of a City
Commission decision to annex the property, or annexation approval shall be null and
void.
8. The applicants shall submit an annexation map, titled "West Lincoln Annexation,"
with a legal description of the property, for use with the Annexation Agreement. The
map must show the existing public utilities (water, sewer, roadways and storm
drainage), improvements on the property, adjacent developments (subdivision
name, block and lots), rights-of-way, and public easements within and adjacent to
the property. The map must be supplied on an 18-inch by 24-inch mylar for City
records; a reduced 81f2-inch by 11 or 14-inch exhibit for filing with the Annexation
Agreement at the County Clerk & Recorder; and a digital copy for the City Engineer's
office. This map must be acceptable to the Director of Public Services and City
Engineer's office and shall be submitted with the signed Annexation Agreement.
9. 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 street improvements including, but not limited to, paving, curb/gutter,
sidewalk, and storm drainage facilities for the following streets:
a) Maple Lane
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b) West Lincoln Road
c) Alder Court Lane
10. The A nnexation 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 that may be in effect at the time of
development.
11. 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.
12. The applicant shall provide and file with the County Clerk and Recorder's office
executed public street and utility easements for the following:
a) 40 feet for Maple Lane
b) South half (additional 15 feet) of West Lincoln Road
13. The Annexation Agreement shall include notice that, prior to development, the
applicant will be responsible for paving the portions of Alder Court Lane and Maple
Lane that are directly adjacent to the subject property.
14. Upon annexation and upon availability
of service, any existing
residences/businesses on the property must be connected to city water and sewer
utilities. The existing on-site treatment systems must be properly abandoned and
certification provided the abandonment has occurred. Any wells presently used for
domestic purpose can be retained for irrigation only with no physical connection to
domestic water piping.
15. 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. 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.
16. The applicant is advised that prior to development of the subject annexation, the 12-
inch water main in West Lincoln Road shall be extended from Maple Lane to the
east side of Alder Court Lane and a fire hydrant shall be installed.
17. The applicant is advised that water main extensions in excess of 500 feet must be
looped.
Staff has received a petition against annexation signed by neighboring property owners.
Jane Mersen, applicant's attorney, stated the applicant concurs with the staff report and all the
conditions, except 12b, easement for the south half of West Lincoln Road, noting that will leave them little
property to develop. They would prefer an additional five foot public street and utility easement.
09-07 -04
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Stacy Jackson, 1523 Alder Court, said annexation of this property will be a problem because this
parcel would have to be accessed through Alder Court or Maple Lane, which are gravel roads and are
privately maintained. This situation wouldn't meet the established requirements for access to property.
Neighbors feel like the City will be chopping off part of their neighborhood for inclusion into the city, while
the rest of the neighborhood will remain in the county, which will hurt the character of their neighborhood.
Mary Price, 1615 Alder Court, stated that when this property was developed in the late 1950's, it was
developed as a country estate subdivision within walking distance to Montana State University; and that
rural setting remains basically the same, even with the encroachment of growth upon the neighborhood.
She feels there is no reason for further annexation, except to change the nature and density of this
neighborhood and urged the Commissioners to deny this requested annexation.
Don Price, 1615 Alder Court, acknowledged the surrounding area does have some different zoning
designations and they tend to be overcrowded. The neighbors do not wish to see the land in question
become pavement or multi-density apartments and parking lots. He, too, urged the Commission to deny
this request.
Bonnie Beyl, 1520 Alder Court, stated annexing a spot here leads to annexing a spot there; and this
will begin the decline of this neighborhood and impact its character, making it less stable and desirable.
Multi-density buildings constructed at the front of Lincoln Road will create access problems for those on
Alder Court and Maple Lane. She requested that the Commission not approve this requested annexation.
Kristie Price, 1615 Alder Court, noted these are unimproved, narrow, dead-end, dirt roads and
increased traffic will have an enormous impact on this neighborhood. There are also safety concerns
because Sheriff and Fire Department vehicles must have uninhibited entrance and exit to Alder Court and
Maple Lane.
Dennis Heinzmann, 1519 Alder Court, noted it would not be beneficial to split up a street by
annexing part into the city and not the other part.
Bratton DuBose, 1614 Alder Court, said that Alder Court is a wonderful place to raise children, and
he is concerned that annexation would dramatically change the nature of this neighborhood. He urged the
Commission to not approve this annexation and zone change.
Marty Lambert, 1611 Willow Way, reminded the Commission that the City has a policy that states
annexation is to be discouraged where the subject property is going to take traffic onto unimproved, dirt
county roads. That policy is contravened by this annexation request.
Hayden Ferguson, 1618 Alder Court, said the real concern is how the City is going to annex
property; one lot at a time, as people sell their lots to millionaires. That is totally unacceptable, but it
appears to him that is the type of thing that is happening to Alder Court. It is also unacceptable to even
consider running traffic from a large complex off of a one-way dirt road.
Jesse Heilmann, 1708 Alder Court, said he does not support the annexation of this property.
Susan McKevitt, 1506 West Lincoln Road, stated her concern is about the traffic; West Lincoln
Road is a very busy street.
Savannah Barnes, 1602 Maple Lane, noted her home will be strongly impacted by this annexation
and the construction that will take place next to it. Noise pollution is extreme on the weekends; this is not
a liveable place on the weekends as it is now. More college housing will have a big impact on the quality
of life there, and the quality of life in this neighborhood should be protected because it is one of the few
places where one can buy a home and walk to work. She expressed her strong opposition to this
annexation.
Erin Gordon, 1608 Alder Court, stated that this annexation will increase both traffic and parking; and
she has serious safety concerns, particularly for the corner of Alder Court and West Lincoln Road. She
requested the Commission not approve this annexation request.
Bob Mielnik, 1604 Maple Lane, noted he applied for annexation of his property and was approved,
with conditions, 14 months ago. Annexation is important to this area, and he thinks it would be in the best
09-07-04
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interest of the city and will create a good dividing line between residential properties and development
property. He asked the Commission to support this annexation.
Cody Lundeen, Prescott Arizona, said he doesn't believe Bozeman is the most liveable place any
more and cautioned the Commission to think about what they are doing to this community.
Arline Lambert, 1521 Willow Way, asked the Commission to consider the love, labor, and money
that has been put into making this neighborhood beautiful; to have multiple housing on an acre in this
neighborhood is to destroy everything they have worked so hard to make beautiful. She opposes this
annexation.
Ms. Mersen addressed the expressed concerns of the neighbors, saying all public concerns have
tried to be mitigated through the conditions of approval. She requested the Commission approve the
annexation and grant partial relief, or a variance, from condition 12b, noting the rest of the conditions are
acceptable.
Assistant Planner Kozub pointed out the 15-foot public street and utility easement is standard for
annexations and is the recommendation from the City Engineering Department.
Since there were no objections, Mayor Cetraro closed the public hearing.
Decision - intent to annex 1.93 acres aenerallv located west of Alder Court Lane. south of West
Lincoln Street. and east of Maple Lane - Gaston Enaineerina for Shaun Shahan. representina Stoltz
Beck Properties (A-04009)
Commissioner Kirchhoff stated this requested annexation makes sense because it is a physical fact
that this property is nearly surrounded by the city and they should be participants in the city.
Commissioner Krauss indicated his intent to vote no because he doesn't see any immediate need
to annex this property. West Lincoln Road isn't really suitable for a lot more traffic, and it is constrained on
one side by Montana State University and by buildings in the right of way on the other side. He also doesn't
agree that it is virtually surrounded by city property, although it does touch city property.
Commissioner Youngman pointed out the fundamental advantage of annexing wholly surrounded
property is because residents use city services but don't pay city taxes. Annexation is almost always
advantageous to city taxpayers. Commissioner Krauss then agreed to support the requested annexation.
It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that staff be authorized
and directed to bring back an Annexation Agreement for the 1.93 acres described as Lots 26 and 27, Beatty's
Alder Court Subdivision; Tract 1 as described in Document No. 2054756; Tract 2 as described in Document
No. 2054753; and Tract E, as described in Film 191, Page 2361, on file at the Gallatin Clerk and Recorder's
office, as requested by Gaston Engineering for Shaun Shahan, representing Stoltz Beck Properties under
Application No. A-04009, addressing Item Nos. 1 through 17 as listed in the previous agenda item. 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.
Public hearina - Zone Map Amendment - establish initial municipal zonina designation of "R-3".
Residential-Medium-densitv. on 1.93 acres aenerallv located west of Alder Court Lane. south of West
Lincoln Street. and east of Maple Lane - Gaston Enaineerina for Shaun Shahan. representina Stoltz
Beck Properties (Z-04174)
This was the time and place set for the public hearing on the Zone Map Amendment requested by
Gaston Engineering for Shaun Shahan, representing Stoltz Beck Properties, under Application No. Z-0417 4,
to establish an initial municipal zoning designation of "R-3", Residential-Medium-density, on 1.93 acres
described as Lots 26 and 27, Beatty's Alder Court Subdivision; Tract 1 as described in Document No.
2054756; Tract 2 as described in Document No. 2054753; and Tract E, as described in Film 191, Page
2361, on file at the Gallatin Clerk and Recorder's office. The subject property is located west of Alder Court
Lane, south of West Lincoln Street and east of Maple Lane.
09-07 -04
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Mayor Cetraro opened the public hearing.
Assistant Planner Kozub presented the staff report, noting this is five parcels that have current County
zoning designations of R-S, R-3, and R-4. Staff and the Zoning Commission support the requested zoning
designation with two standard contingencies. Staff has received a petition, signed by more than 25 percent
of the property owners within 150 feet of the subject property, in opposition to the requested R-3 zoning of
this property. Therefore, a super-majority vote of the Commission is required.
Responding to Commissioner Krauss, Acting City Attorney Cooper stated the Commission will not
be able to up-zone this property based on what the applicant is seeking and what staff has evaluated. The
Commission may, however, down-zone this property. Because there is sufficient protest against R-3, he
suggested it would be prudent for the Commission to find a super majority in whatever zoning it chooses
to adopt.
Jane Mersen, attorney for the applicant, distributed an information packet on residential zoning
districts. She noted the requested R-3 zoning fits perfectly with the Bozeman 2020 Community Plan. They
feel R-3 is not too high density for this area because it is a logical buffer from R-4 to R-2. These will be
rental units that will be professionally managed, and each unit will have a garage and off-street parking.
This project will lessen the amount of traffic because there will be foot traffic to the university, and the
structures will be designed to meet the goals of affordable housing.
Stacy Jackson, 1523 Alder Court, stated she feels this neighborhood needs to be protected because
they have a special character with a country feel near the university. Areas surrounding this neighborhood
would be suitable for high-density development, but this neighborhood is not. She suggested R-1 zoning.
Marty Lambert, 1611 Willow Way, said this is a wonderful opportunity for the Commission to protect
this neighborhood. In 1999 the City Commission voted against an R-3 designation of the surrounding
property and asked this Commission to be consistent with the way this neighborhood has been viewed in
the past. The Commission should take into account, balance, and weigh the interests of the developer of
this small parcel against those of all these homeowners. He asked for approval of the lowest density, R-1.
Mary Price, 1615 Alder Court, noted there are two adequate houses on this property that would have
to be removed to make room for this development.
Don Price, 1615 Alder Court, added there are no setbacks at the corner of Alder Court, so two large
buildings there would create a canyon on Alder Court. He, too, prefers R-1 zoning.
Jesse Heilmann, 1708 Alder Court, stated the charm of this community results from its
neighborhoods; and this neighborhood is a part of that charm. Tri-plexes and four-plexes do not create
much of a neighborhood, and there is inertia to be feared with R-3 zoning. He asked the Commission to
please keep the charm of this neighborhood intact.
Dennis Heinzmann, 1519 Alder Court, noted this neighborhood is a buffer zone between MSU and
the apartment complexes. This neighborhood has lost its landscape and view in the past and asked the
Commission to please keep this area as is.
Kristie Price, 1615 Alder Court, offered that this is a safe neighborhood where kids don't have to be
fearful; and the safety of this proposed development concerns her. She asked the Commission to vote
against R-3 and preserve the last remaining neighborhood on campus.
Bonnie Beyl, 1520 Alder Court, said her concerns are with the property adjacent to her, which has
also applied for annexation and a zone change. If development occurs there, this neighborhood will be
blocked entirely; and the road is already blocked by college student parking. She asked the Commission
to please put the lowest possible zoning on this land to help protect these areas.
Bob Mielnik, 1604 Maple Lane, noted that when the property to the south applied for annexation and
was developed, they were asked to put sewer and water lines down Maple Lane to Lincoln Road, which was
done. That development has been horrendous. The residents were led to believe the buildings would be
reasonable, but the buildings are much higher than depicted and have blocked views and increased
congestion. Last year the Commission approved R-2 at the end of Maple Lane; and he strongly
recommends the Commission consider R-2 for this property, which would create a transitional area. He
09-07-04
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- 16 -
suggested the pedestrian walkway be placed on the back side of this property, rather than on Maple Lane,
because of the lot size,
Bratton DuBose, 1614 Alder Court, voiced his concern for the character, integrity, and safety of this
neighborhood, which is a special and great place to live in Bozeman, He suggested R-1 zoning in this area.
Erin Gordon, 1608 Alder Court, noted there is a school bus stop 0 n Alder Court; and she is
concerned about the children's safety. She believes Alder Court and Maple Lane will become the back alley
of this development.
Ms. Mersen offered that these neighbors are talking about changing the character of their
neighborhood, and how they don't want that to be changed, The character was changed with the adoption
of the Bozeman 2020 Community Plan. The Zoning Commission heard these same comments, but it voted
to adopt the R-3 zoning, as requested. This project is consistent with the growth policy, which is the number
one item listed on the zoning application, This proposal won't change a way of life, but may increase
property values because of the quality of the development proposed,
Assistant Planner Kozub noted that staff has not seen or commented on the proposed site layout,
as included in the handout distributed this evening by Ms. Mersen.
Since there were no Commissioner objections, Mayor Cetraro closed the public hearing.
Decision ~ Zone MaD Amendment ~ establish initial municiDal zonina desianation of "R~3".
Residential-Medium-densitv. on 1.93 acres aenerallv located west of Alder Court Lane. south of West
Lincoln Street. and east of MaDle Lane ~ Gaston Enaineerina for Shaun Shahan. reDresentina Stoltz
Beck ProDerties (Z~04174)
It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that an initial
municipal zoning designation of "R-1 ", Residential-low density, on 1.93 acres described as Lots 26 and 27,
Beatty's Alder Court Subdivision; Tract 1 as described in Document No. 2054756; Tract 2 as described in
Document No. 2054753; and Tract E, as described in Film 191, Page 2361, on file at the Gallatin Clerk and
Recorder's office, be initially approved; and that staff be directed to bring back an ordinance enacting the
amendment upon completion of the annexation process.
Commissioner Kirchhoff stated he will support this motion due to the testimony from the neighborhood.
While the Commission is encouraged to follow the Bozeman 2020 Community Plan, it is not a decision-
making object; it is only guidelines. While he agrees with the notion of using land to its maximum, he believes
this land is already being used to its maximum and has a mixed character.
Commissioner Krauss noted there have been previous discussions regarding the inventory of
differently zoned properties; and the Commission has recently approved over 160 acres of R-3 zoned
property, so there is an adequate inventory of R-3 property. There isa lesser inventory of R-1 property. The
neighborhood has every right to be concerned with the development that has occurred there, noting infill
needs to be compatible with the neighborhood, too. He also supports this property being zoned R-1.
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 hearina - Dreliminarv Dlat for Foxtail Subdivision ~ resubdivide :t1.48 acres to allow 8 of 10
existina lots to be subdivided and realianed into 12 sinale~household lots. for a total of 14 sinale~
family lots - Rob Pertzborn reDresentina The Klos Familv Trust and Jim Mitchell lIvina alona both
sides of Foxtail Avenue immediately south of Catron Street} (P~04028)
This was the time and place set the public hearing on the preliminary plat for Foxtail Subdivision,
as requested by Rob Pertzborn representing The Klos Family Trust and Jim Mitchell, under Application No.
P-04028, to resubdivide :1:1.48 acres described as Lots 6 through 10, Block 14, and Lots 1 through 5, Block
15, Cattail Creek Subdivision, Phases 2A and 2B, to allow 8 of 10 existing lots to be subdivided and
09-07 -04
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realigned into 12 single-household lots, for a total of 14 single-family lots. The subject property lies along
both sides of Foxtail Avenue, immediately south of Catron Street.
Mayor Cetraro opened the public hearing.
Contract Planner Windemaker presented the staff report, noting the applicants are requesting a
waiver of the parkland dedication requirement to allow the park dedication previously provided in Cattail Creek
Subdivision to meet the requirements for this subdivision. Staff has reviewed this application in light of the
applicable criteria and recommends conditional approval. Staff's comprehensive findings can be found in the
written staff report. One phone call, expressing concern with the small lot sizes, has been received.
Rob Pertzborn, Intrinsik, stated they have one issue, with condition number seven, regarding no
building permits issued prior to the installation and acceptance of all service stubs. Currently there are ten
existing sewer and water lines, with the remainder to be added at a later date. They are hoping to get
condition seven reworded to say, "No building permits for buildings requiring new service stubs shall be
issued prior to the installation and acceptance of new service stubs", which will allow them to get going on
construction on the other lots right away. Planning Director Epple agreed the suggested language sounds
reasonable; that permits shall only be issued for lots having service stubs. However, that change will be
subject to the approval of the Engineering Department.
No one was present to speak in opposition to this application.
Since there were no Commissioner objections, Mayor Cetraro closed the public hearing.
Decision ~ preliminary plat for Foxtail Subdivision - resubdivide :t1.48 acres to allow 8 of 10 existina
lots to be subdivided and realianed into 12 sinale-household lots. for a total of 14 sinale-family lots-
Rob Pertzborn representina The Klos FamilY Trust and Jim Mitchell Clyina along both sides of
Foxtail Avenue immediately south of Catron Street) (P-04028)
It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the preliminary
plat for Foxtail Subdivision, as requested by Rob Pertzborn representing The Klos Family Trust and Jim
Mitchell, under Application No. P-04028, to resubdivide ::1:1.48 acres described as Lots 6 through 10, Block
14, and Lots 1 through 5, Block 15, Cattail Creek Subdivision, Phases 2A and 2B, to allow 8 of 10 existing
lots to be subdivided and realigned into 12 single-household lots, for a total of 14 single-family lots, and to
waive the parkland dedication requirement pursuant to Section 18.50.10.F of the Bozeman Unified
Development Ordinance to allow the sufficient park dedication previously provided in Cattail Creek Subdivision
Phase II to meet the parkland requirements for this subdivision be approved subject to the following
conditions:
1. The Certificate of Completion of Improvements shall be shown on the final plat.
2. The final plat shall conform to all requirements of the Bozeman Area Subdivision
Regulations and the Uniform Standards for Final Subdivision Plats and shall be
accompanied by all required documents, including certification from the City
Engineer that as-built drawings for public improvements were received, a platting
certificate, and all required and corrected certificates. The final plat application
shall include four signed reproducible copies on a 3 mil or heavier stable base
polyester film (or equivalent); two digital copies on a double-sided, high density 3-
1/2" floppy disk; and five paper prints.
3. Conditional approval of the preliminary plat shall be in force for not more than
three calendar years, as provided by State statute. Prior to that expiration date,
the developer may submit a letter of request for the extension of the period to the
Planning Director for the City Commission's consideration.
4. If it is the developer's intent to file the plat prior to the completion of all required
improvements, an Improvements Agreement shall be entered into with the City of
Bozeman guaranteeing the completion of all improvements in accordance with the
preliminary plat submittal information and conditions of approval. If the final plat is
filed prior to the installation of all improvements, the developer shall supply the City
09-07 -04
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_"'.._.._.._.__...."..._n -.---..-....
- 18-
of Bozeman with an acceptable method of security equal to 150 percent of the cost
of the remaining improvements.
5. The applicant shall submit with the application, for final plat review and approval, a
written narrative stating how each of the conditions of preliminary plat approval has
been satisfactorily addressed.
6. Plans showing the location, size, and number of all sewer and water services shall
be submitted to and approved by the City Engineer and Water/Sewer Superintendent.
No building permits for buildings requiring new service stubs shall be issued
prior to the installation and acceptance of all new service stubs, subject to
approval of Engineering Department.
7. All infrastructure improvements including water and sewer main extensions,
installation of service stubs, public streets, curb/gutter, sidewalks fronting parks, open
space, rear yard frontages or other non-lot frontages, and related storm drainage
infrastructure improvements shall be financially guaranteed or constructed prior to
final plat approval.
City standard residential sidewalks shall be constructed on all public street
frontages of a property prior to occupancy of any structure on the property. Upon
the third anniversary of the plat recordation of any phase of the subdivision, any
lot owner who has not constructed said sidewalk shall, without further notice,
construct within 30 days said sidewalk for their lot(s), regardless of whether other
improvements have been made upon the lot. This condition shall be included on
the plat and in the covenants for the subdivision.
8. The location of existing water and sewer mains shall be properly depicted. Proposed
main extensions shall be noted as proposed.
9. The developer shall make arrangements with the City Engineer's office to provide
addresses for all individual lots in the subdivision prior to filing of the final plat.
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.
Selection of Votina Deleaate and Alternate VotinQ Deleaate to National Leaaue of Cities Conaress
of Cities -Indianaoolis. Indiana - December 1-4.2004
Following discussion, the Commissioners recognized that no one is interested in attending this
conference.
Aooointment to Community Alcohol Coalition
It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that Andy Knight be
appointed to replace Bryan Adams as a law enforcement representative on the Community Alcohol
Coalition, with an initial term to expire on June 30, 2005. 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) A Commission Resolution implementing revisions to the rules of procedure in response to
Commission direction at past meetings.
09-07 -04
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-19-
(2) Letter from Michael Jennings, dated August 26, encouraging enforcement of the leash
law, as written for his Boy Scout badge project.
(3) Letter from the Montana Local Government Energy Office, dated August 31, announcing
the energy efficiency training sessions scheduled for September,
(4) Information on the Heritage Development Institute Workshop scheduled for September
23 and 24.
(5) Agenda for the Montana League of Cities and Towns conference to be held in Kalispell on
October 6,7 and 8.
(6) Agenda for the Yellowstone Country Board meeting to be held on September 14 in Red
Lodge.
(7) Agendas for the Development Review Committee meeting held on August 31 and the
meeting to be held on Wednesday, September 8, at the Professional Building,
(8) Agendas for the County Commission meetings held on August 31 and September 7,
(9) Agendas for the Zoning Commission meeting to be held at 7:00 pm and the City Planning
Board meeting to be held at 7:30 pm on Wednesday, September 8, in the Commission Room.
(10) Listing of planning projects to be considered at upcoming Commission meetings, dated
September 7,
(11 ) Press release from the Yellowstone/Grand Teton Parks regarding temporary winter use
management for those parks.
(12) News release regarding road improvements to the Beartooth Highway, for the week of
September 7 through 12, 2004,
City Manager Kukulski offered the following during his FYI: 1) Noted Montana League of Cities
and Towns has a legislative committee and asked if one of the Commissioners wished to sit on this
committee, or if they would prefer to have him do so. The Commissioners unanimously agreed to have
the City Manager sit on that committee, 2) Asked if the Commissioners would prefer to schedule next
week's workshop at 5:30 pm or after the regular Commission meeting. The Commissioners agreed to
schedule a workshop session at 6:00 pm,
During his FYI, Assistant City Manager Brey pointed out a memo was included in the
Commission packets regarding changes to the rules of procedure,
Planning Director Epple noted the following FYI items: 1) He will be attending a workshop in
Livingston on Tuesday with Historic Preservation Planner Bristor. 2) The Kenyon Noble planned unit
development has been moved up to October 11 tho
Commissioner Youngman offered the following item during FYI: Asked when the Commission is
going to finish Clerk of the Commission Sullivan's evaluation, The Commissioners agreed to hold an
executive session for that purpose at 5:30 pm next Monday,
During his FYI, Commissioner Kirchhoff thanked staff for the great GIS maps, which are very
helpful.
Adiournment - 11 :11 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, and Mayor Cetraro; those voting No, none.
09-07-04
- 20-
RO, Mayor
ATTEST:
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Clerk of the Commission
PREPARED BY:
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Deputy Clerk of the Commission
09-07 -04