HomeMy WebLinkAbout2005-07-25 Minutes, City CommissionSPEC/WORK
MINUTES OF THE SPECIAL MEETINGIWORK SESSION
OF THE CITY COMMISSION
BOZEMAN,MONTANA
July 25, 2005
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The Commission of the City of Bozeman met in work session in the Commission Room, Municipal
Building, on Monday, July 25,2005, 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, Director of Public Service Debbie Arkell, Planning Director Andy Epple, City
Attorney Paul Luwe and City Clerk Robin Sullivan.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
Sianina of Notice of Special Meetina
Each Commissioner, in turn, signed the Notice of Special Meeting.
Introduction of auests
Commissioner Kirchhoff welcomed Doris Armstrong, Montana Center for International Visitors, and
21 young people from various Middle Eastern nations. He noted that the students are here for a month
through a US State Department program and have been selected because they have shown that they would
be good representatives of their home countries. They are attempting to bridge the cultural gap and to give
a human face to the various countries.
Ms. Doris Armstrong thanked the Commission for allowing the group to attend the meeting, noting
the students are interested in learning more about the democratic process. She stated the program is a
Presidential initiative called the Middle Eastern Partnership Initiative; and Montana State Universitywas one
of three universities in the United States chosen to host the month-long program. She noted that the
students met with some of the top leaders in Washington, DC, prior to arriving in Bozeman and will meet
with others upon their return to Washington.
Public comment
No comment was received under this agenda item.
Review of proposed desian for Durston Road improvements from North 19th Avenue westward to
Fowler Avenue
Included in the Commissioners' packets was a memo from staff forwarding designs for proposed
medians along Durston Road.
City Engineer Rick Hixson reviewed the information contained in the packet, noting that at the July
11 meeting, staff was directed to investigate the possibility of providing breaks in the proposed median at
Valley Drive, Greenway Avenue and North 20th Avenue. The diagrams in the packet reflect how those
breaks can be provided in a manner that staff feels would create a safe facility. He noted that, at the North
20th Avenue intersection, staff is recommending a porkchop that provides for right in, right out only on North
20th Avenue to avoid the potential problems that could quickly arise from westbound traffic trying to turn left
onto North 20th Avenue, particularly during peak hours. He recommended that no triggers be established
at this time for the future closure of this median break, but that staff be authorized to monitor the traffic
counts and accident reports and come back with the recommended closure when determined necessary.
He reminded the Commission that Holiday Station Stores has offered to enter into an agreement under
which it would bear the costs of the median closing.
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Responding to Commissioner Kirchhoff, City Engineer Hixson stated the Montana Department of
Transportation has offered to provide a flashing variable speed sign for the pedestrian crossing at North
25th Avenue. During certain hours of the day, particularly when school children are crossing the street, the
sign would start flashing, enacting a 20 mile-per-hour speed limit. This sign will be installed and the
crossing guard will remain at the intersection outside the parameters of this proposed street improvement
project.
Further responding to Commissioner Kirchhoff, the City Engineer stated the speed limit for this street
has not yet been decided. He proposed that, once the improvements have been completed, a traffic study
be done and the speed limit set at the 85th percentile, noting the Commission may choose instead to set
the speed limit at 25 miles per hour.
Responding to Commissioner Krauss, the City Engineer stated the crosswalks at both North 25th
Avenue and North 27th Avenue are to be improved, but the crosswalk at North 27th Avenue will not have
a flashing sign.
Ms. Deb Stober, 395 Valley Drive, noted she is Vice Chair of the NorthWest Neighborhood Network.
She asked that the Commission not make its final decision, but identify its preferred plan and then give the
association time to submit that information to the public for comment prior to the decision being made. She
voiced concern that, with the number of plans that have been developed and considered, the public has not
had an adequate opportunity to provide informed comment.
Mr. Ted Newman, 535 Valley Drive, identified the proposed improvements at the North 27th Avenue/
Greenway Avenue intersection as a problem, particularly since North 27th is to be a collector that extends
to Valley Center Road.
Mr. Don Wirtz, 5540 Durston Road, noted he resides between North 25th Avenue and North 27th
Avenue. He is concerned about raised medians, which will preclude direct access to his residence.
Mr. Victor Sacco, Holiday Station Stores, stated his support for the revised plan for the intersection
of Durston Road/North 20th Avenue/StoneRidge Drive.
Mr. Roger Smith noted he resides between North 25th Avenue and North 27th Avenue. He
expressed concern about the proposed $200,000 estimated cost for the raised median, noting that does
not include landscaping or irrigation or the costs of maintenance. He feels that the median will cause a "raft
of traffic problems". He concluded by asking if he will retain his four accesses onto Durston Road and how
his irrigation unit will be handled to ensure that he retains his current flow, and voicing his sorrow at the
anticipated loss of his trees.
Mrs. Barbara Summers, 502 North 20th Avenue, voiced her appreciation for the recent installation
of speed humps along that street, noting it has slowed traffic although it has not reduced the volume along
this residential street. She feels the porkchop is a good compromise for allowing the median break while
ensuring the safety of the intersection, although she is concerned about potential turning conflicts with traffic
entering Durston Road from StoneRidge Drive.
Mr. Randy Kemp, 5570 Durston Road, noted that there are nine houses along Durston Road that
gain direct access from the street; and those houses will lose their left turn access if medians are installed.
He is also concerned that, if medians are installed, local residents will need to maintain them since the City
does not adequately maintain the existing boulevards along the street. He concluded by expressing support
for the street improvements except for the median.
Ms. Vonda Laird, 414 North 20th Avenue, voiced general support for the planned improvements,
although she recognizes they could be improved with some tweaking. She encouraged the Commission
to delay its decision to give the residents more time to pull together and offer their comments and
suggestions. She noted that the median would provide for better traffic flow, but she is concerned about
the speeds because of the reduced worries about side traffic.
Mr. Derek Homan, 356 Greenway Court, voiced his preference for a center turn lane rather than
medians. He cautioned that if the medians don't provide adequate stacking space for left turns, those cars
can quickly block the through traffic lane, thus reducing the ability to move traffic. He also voiced his
concern about the maintenance costs and problems that would be generated by raised medians.
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Ms. Martie Stewart, 3303 Bitterroot Way, concurred with the previous speakers who have requested
a delay in the decision, noting the residents need more than three days to review the information being
considered by the Commission. She then questioned why medians were not proposed for West Babcock
Street if safety is an issue. She concluded by stating that speed will be an issue on Durston Road and
noting that enforcement is the most effective way to address that issue.
Ms. Laketa Homan, 356 Greenway Court, voiced concern that, if a median is installed that precludes
direct access to Greenway Avenue, emergency vehicles may have difficulty reaching their area, where a
number of disabled and elderly reside.
Ms. Rebecca Adams, 2503 Rose Street, encouraged the Commission to delay its decision to give
residents more time to review the latest proposal, and noted that safety must be the first concern. She is
opposed to the proposed median and supported the center turn lane for access, traffic flow and safety. She
suggested that the monies saved from not installing the median could be used for the westward extension
of the road improvements. She then stated that traffic counts taken on a weekend on North 25th Avenue
revealed 2,000 vehicle trips; and she is concerned that additional cut-through traffic may begin using that
street, which is adjacent to an elementary school.
Mr. Bill Taylen, 5170 Durston Road, noted he works for the City's Street Department. He asked that
an opportunity be given for more public comment on the widening of Durston Road and the installation of
medians. He expressed concern about the medians, including the additional costs of irrigation and
maintenance and the problems they can cause for snowplows and street sweepers. He recognized that
Durston Road is antiquated and needs to be upgraded. He noted that conversations with the engineers
have revealed the street is to be lowered and asked how much. He also asked about drainage, particularly
in light of today's rainstorm, and asked how the run-off from the road is to be handled since the ditches will
be eliminated. He voiced concern about speeds, particularly since traffic generally moves 35 to 40 miles
per hour although the speed limit is 25 miles per hour.
Mr. Taylen noted he is one of four homeowners who have not yet provided additional right-of-way
for this project, stating he has not because he feels his trees have been undervalued. He concluded by
stating he does not support the installation of the median but would prefer the center turn lane that would
allow direct access to his home.
Mr. Charles Rose, 813 Aster Avenue, stated he is a board member in the Harvest Creek
Homeowners' Association. He voiced concern that a majority of his neighborhood knows nothing of the
proposed street improvements and asked that the Commission allow time for the residents to look at the
proposal and submit comments.
Mr. Scott Savage, 301 North Valley Drive, encouraged the Commission to delay the decision and
give residents a chance to digest the proposed plan. He then questioned why residents in the area are
being assessed for the costs of improving this arterial when other major streets in Bozeman have not been
constructed or improved through a special improvement district.
Director of Public Service Debbie Arkell and City Engineer Rick Hixson responded to several of the
questions and issues raised. They assured Mr. Smith that his existing openings onto the street will remain
open and that his irrigation facilities will be relocated in a manner that ensures his flow remains the same.
They cautioned that many of the questions cannot be answered because the final design has not yet been
created; rather, this discussion is based on preliminary designs.
Director of Public Service Arkell noted that the Greater Bozeman Area Transportation Plan, 2001
Update, calls for medians on minor arterials, and stated those can be either raised or painted. She then
indicated that four residents had not agreed to sign agreements for acquisition of right-of-way prior to the
Commission adopting resolutions enacting the eminent domain provisions. Since that time, two have signed
and one has verbally agreed to do so, leaving one that has not. She stated that Staff Attorney Day-Moore
will be in contact with Mr. Taylen about the valuation of his trees.
City Engineer Rick Hixson identified several major streets in the community that have been at least
partially constructed or improved through special improvement districts, including North 19th Avenue, Valley
Center Road, West Babcock Street and most of the streets in the core of the community.
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Responding to Commissioner Kirchhoff, City Engineer Hixson confirmed that four of the five options
for minor arterial standards in the transportation plan include medians. He noted that medians provide for
more efficient traffic flow and can create friction, thus reducing speeds.
Responding to Commissioner Youngman, Director of Public Service Debbie Arkell noted that, in light
of comments received during the West Babcock Street process, the Commission directed staff to provide
for public involvement early in the process of designing the Durston Road improvements. In response to
that direction, staff held neighborhood meetings in May and June to explain the preliminary design plans;
and during the May meeting, those in attendance "overwhelmingly hated" the design that included the
median and supported the center turn lane. The Commission considered that input at its July 11 meeting
and directed staff to bring back a plan that provided for median openings at every street; that is the design
now before the Commission for consideration.
City Engineer Rick Hixson cautioned that the final design plans must still be prepared prior to
beginning the special improvement district process. That process involves prolonged public hearing notice
requirements and pUblic hearings; and any delay at this time could push that process into next year and,
thus, delay next summer's construction. He acknowledged that a week delay will not break the schedule,
but cautioned a prolonged delay will.
Commissioner Krauss questioned the benefits of a delay in the decision, noting that the first public
information meeting was held two months ago.
Commissioner Youngman noted the City has tried hard to involve the public in the design process;
and the design now before the Commission is in response to a number of concerns raised. She expressed
an interest in ensuring the public hearing on the special improvement district is held earlier in the year,
rather than just prior to Christmas like the hearing for the West Babcock Street project. She then indicated
an interest in making a decision at this time so the design process can begin.
Mayor Cetraro voiced his support for a median from North 19th Avenue to North 21 st Avenue and
then a center two-way left turn lane to Fowler Avenue.
Commissioner Hietala expressed concurrence with Mayor Cetraro's comment. He noted that if
medians are installed, those who make left turns to access their mid-block properties will need to make U
turns instead.
Commissioner Kirchhoff recognized the difficulties of constructing a minor arterial that meets the
design standards in the transportation plan and the competing interests of doing so with the wants and
needs of the neighborhood and the pre-existing conditions in the area. He acknowledged that the first
design with medians would make the best roadway possible but noted the design presented tonight reflects
compromise after four meetings at which public input was received. He stressed that, while it is important
to accommodate resident concerns to the greatest extent possible, it is essential that the best possible
community facility be provided; as a result, he supports the plan with the medians as revised.
Commissioner Youngman stated that she, too, supports the revised plan with medians.
Commissioner Krauss noted that he would like to support medians; however, he recognizes that
these improvements are being made to a road that was a county road and still serves some county
properties. Further, he finds the cost of the median and its maintenance costs as well as the maintenance
issues it creates are significant. He noted the City does not have the resources to maintain landscaped and
treed medians and he does not support the creation of a maintenance district to do so. As a result, he
supports the median from North 19th Avenue to North 21 st Avenue but a center two-way turn lane from
there to Fowler Avenue.
Responding to Commissioner Kirchhoff, Director of Public Service Arkell indicated that if a median
is installed, snow will be plowed onto it, and onto the boulevards where the median is not available. She
acknowledged that additional resources would be needed to maintain a raised, landscaped median,
although the impacts could be reduced through the use of xeriscape, pulverized glass, shrubs and trees.
Commissioner Kirchhoff reiterated his support for medians, suggesting those costs could be offset
through the use of impact fees since they could be identified as capacity expanding. He recognized the
neighborhood opposition to medians, but suggested they would actually benefit those residents.
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City Manager Kukulski reminded the Commission that there has been discussion about Durston
Road eventually connecting to Jackrabbit Lane, which will increase the traffic volume. Further, he estimated
there are 1,000 building lots simply awaiting the letting of the contract for these street improvements. He
encouraged the Commission to consider those factors when identifying a street design that is safe for the
future.
Commissioner Krauss noted that at previous meetings, he characterized Durston Road as "a long
landing strip", but he has not heard enough concern from the neighborhood to support the installation of
medians to mitigate that potential.
It was moved by Commissioner Krauss, seconded by Commissioner Kirchhoff, that staff be
authorized and directed to proceed with design plans for improvements to Durston Road between North 19th
Avenue and Fowler Avenue based on the preliminary plan that includes the two-way center turn lane, with
a raised median extending westward from North 19th Avenue to approximately North 21 st Avenue, with
modifications to include the new median design and porkchop at North 20th Avenue, increased security of
the crosswalks and installation of a flashing speed sign at the North 25th Avenue crosswalk. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner
Hietala and Mayor Cetraro; those voting No being Commissioner Kirchhoff and Commissioner Youngman.
Break - 8:40 to 8:45 p.m.
Mayor Cetraro declared a break from 8:40 p.m. to 8:45 p.m.
Appointments to boards and commissions: Audit Committee. Beautification Advisorv Board. Board
of Appeals. Bozeman Area Bicycle Advisorv Board. Community Affordable Housing Advisorv Board.
Community Alcohol Coalition. Community Development Block Grant Economic Development Loan
Review Committee. Design Review Board. Downtown Bozeman Improvement District Board (IDB).
Downtown Business Improvement District Board (BID), Historic Preservation Advisorv Board.
Librarv Board of Trustees. Parkina Commission. Recreation and Parks Advisorv Board (student
representative), Senior Citizens' Advisory Board. Tree Advisorv Board and Zonin9 Commission
Included in the Commissioners' packets was an updated memo listing applicants for the various
boards and commissions.
Audit Committee. It was moved by Commissioner Krauss, seconded by Commissioner Youngman,
that Vern Voegele be reappointed to the Audit Committee with a two-year term to expire on February 28,
2007. 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.
Beautification Advisory Board. It was moved by Commissioner Hietala, seconded by
Commissioner Kirchhoff, that Terry Quatraro be reappointed to the Beautification Advisory Board with a
three-year term to expire on June 30, 2008. The motion carried by the following Aye and No vote: those
voting Aye being Commissioner Hietala, Commissioner Kirchhoff, Commissioner Youngman, Commissioner
Krauss and Mayor Cetraro; those voting No, none.
Board of Appeals. There were no applicants for this vacancy.
Bozeman Area Bicycle Advisory Board. It was moved by Commissioner Youngman, seconded
by Commissioner Krauss, that Matt Jennings be appointed to replace Jim Nallick, with an initial term to
expire on December 31, 2005. The motion carried by the following Aye and No vote: those voting Aye
being Commissioner Youngman, Commissioner Krauss, Commissioner Hietala, Commissioner Kirchhoff
and Mayor Cetraro; those voting No, none.
Community Affordable Housing Advisory Board. It was moved by Commissioner Youngman,
seconded by Commissioner Krauss, that Amanda Cater be reappointed as a representative of a non-profit
affordable housing development organization, that Carol Townsend be reappointed as a member of the
public residing in housing designated as low or moderate-income, that John Barkow be appointed to replace
Travis Schnicke as a representative of the construction industry, and that Mary Jo Nehasil be appointed to
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replace Lynda Upton as a member of the public certifying she is a low- or moderate-income person as
defined by the affordable housing policy, all with three-year terms to expire on June 30, 2008. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner
Krauss, Commissioner Hietala, Commissioner Kirchhoff and Mayor Cetraro; those voting No, none.
Community Alcohol Coalition. It was moved by Commissioner Youngman, seconded by
Commissioner Krauss, that Dan Czech be reappointed as an MSU student representative with a one-year
term to expire on June 30, 2006; and that Randall Dugger be reappointed as the local business
representative, that Lori Guyer be reappointed as the Bozeman School District representative, that Andy
Knight be reappointed as a law enforcement representative, and that Becky Robideaux be reappointed as
a prevention specialist, all with three-year terms to expire on June 30, 2008. The motion carried by the
following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Krauss,
Commissioner Hietala, Commissioner Kirchhoff and Mayor Cetraro; those voting No, none.
Community Development Block Grant Economic Development Loan Review Committee. It
was moved by Commissioner Krauss, seconded by Commissioner Kirchhoff, that Larry Mikkola be
reappointed as the previous loan recipient representative and that Gary Sisson be reappointed as a
commercial lending organization representative, with two-year terms to expire on June 30, 2007. The
motion carried by the following Aye and No vote: those voting Aye being Commissioner Krauss,
Commissioner Kirchhoff, Commissioner Hietala, Commissioner Youngman and Mayor Cetraro; those voting
No, none.
Design Review Board. It was moved by Commissioner Hietala, seconded by Commissioner
Kirchhoff, that Randy Carpenter be reappointed as a non-professional member and that Mel Howe be
reappointed as an architect member on the Design Review Board, with two-year terms to expire on June
30,2007. The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Hietala, Commissioner Kirchhoff, Commissioner Youngman, Commissioner Krauss and Mayor Cetraro;
those voting No, none.
Downtown Bozeman Improvement District Board (IDB). Mayor Cetraro yielded the gavel to
Mayor Pro Tempore Krauss for the purposes of making the motion, as follows: It was moved by
Commissioner Cetraro, seconded by Commissioner Kirchhoff, that the Commission confirm the Mayor's
reappointment of Russ Nelson as a voting member with a four-year term to expire on June 30, 2009, and
appointment of Steve Wheeler to replace Steve Schnee as a voting member with an initial term to expire
on June 30, 2006. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Cetraro, Commissioner Kirchhoff, Commissioner Hietala and Commissioner Youngman;
those voting No being Mayor Pro Tempore Krauss.
Downtown Business Improvement District Board (BID). It was moved by Commissioner Hietala,
seconded by Commissioner Krauss, that Ileana Indreland be reappointed with a four-year term to expire
on June 30, 2009, and that David Paul Loseff be appointed to replace Steve Schnee with an initial term to
expire on June 30, 2008. 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.
Historic Preservation Advisory Board. It was moved by Commissioner Youngman, seconded by
Commissioner Krauss, that Michael Neeley be designated as a professional member, with a term to expire
on June 30, 2007; that Warren Bauder and Jeff Rupp be reappointed as at large members with two-year
terms to expire on June 30,2007; that Jane Davidson Klockman be appointed to replace Jim Webster as
a neighborhood representative, with a two-year term to expire on June 30, 2007; that Bonnie Martin be
appointed as a neighborhood representative with an initial term to expire on June 30, 2006; that Blake
Maxwell be appointed to replace Michael Neeley as an at large representative with an initial term to expire
on June 30, 2006; and that Clare Becker be appointed to replace Liz Galli-Noble, and that Krista Palagi be
appointed to replace Todd Larkin, as at large members with two-year terms to expire on June 30, 2007.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman,
Commissioner Krauss, Commissioner Hietala, Commissioner Kirchhoff and Mayor Cetraro; those voting No,
none.
Library Board of Trustees. It was moved by Commissioner Krauss, seconded by Commissioner
Youngman, that Jerry Bancroft be reappointed to the Library Board of Trustees with a five-year term to
expire on June 30, 2010. The motion carried by the following Aye and No vote: those voting Aye being
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Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala and
Mayor Cetraro; those voting No, none.
Parking Commission. Mayor Cetraro yielded the gavel to Mayor Pro Tempore Krauss for the
purposes of making the motion, as follows: It was moved by Commissioner Cetraro, seconded by
Commissioner Kirchhoff, that the Commission concur in the Mayor's reappointment of Larry Bowman and
Chris Pope to the Parking Commission with four-year terms to expire on June 30,2009. The motion carried
by the following Aye and No vote: those voting Aye being Commissioner Cetraro, Commissioner Kirchhoff,
Commissioner Hietala, Commissioner Youngman and Mayor Pro Tempore Krauss; those voting No, none.
Recreation and Parks Advisory Board (student representative). There were no applicants for
these vacancies.
Senior Citizens' Advisory Board. There were no applicants for this vacancy.
Tree Advisory Board. It was moved by Commissioner Youngman, seconded by Commissioner
Kirchhoff, that Anne Foster be reappointed to the Tree Advisory Board with a two-year term to expire on
June 30, 2007. 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.
Zoning Commission. It was moved by Commissioner Krauss, seconded by Commissioner
Youngman, that JP Pomnichowski be appointed to replace Mark Evans, with an initial term to expire on
January 31, 2006. 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.
Pre-application for Meadow Creek Subdivision - subdivide 278 acres aenerally Iyina west of South
19th Avenue. between Stucky Road and Blackwood Road extended into residential lots and open
space - Allied Enaineerina for JCD Development (P-05031)
Included in the Commissioners' packets was a memo forwarding the pre-application for Meadow
Creek Subdivision, as submitted by Allied Engineering for JCD Development under Application No. P-05031,
to subdivide 278 acres into lots for residential development and open space.
Planning Director Andy Epple distributed a revised pre-application after which he presented the staff
report on behalf of Senior Planner Dave Skelton. He noted that this proposed subdivision lies within a
portion of the JCD annexation, including approximately 270 acres of that site. He stated that proposed
residential densities range from high density to low-density single-household units as well as active and
passive recreational areas. He identified the proposed greenbelts, corridors and open spaces within the
subdivision, noting that they will help to protect and preserve a fairly substantial stand of mature brush and
trees.
Planning Director Epple reported that the Planning Board reviewed this pre-application at last week's
meeting, and their comments have been forwarded in the packet. Also, the comments from staff have been
forwarded in the staff report. The Planning Director identified the proposed extension of services to this
area, including sewer and water. He recognized that the upfront costs of those extensions will be
significant; however, the developer has indicated they can be accommodated. He concluded by briefly
reviewing the block layout and the street network and requested Commission feedback on that and any
other issues of concern.
Mr. Greg Allen, consulting engineer representing the applicant, stated that the revised drawing
reflects changes to the design based on comments from City staff as well as comments from the
surrounding neighbors. He identified some of the design features, including the park areas and the use of
alleys to avoid double fronted lots along Blackwood Street. He then indicated the developers are in
discussion about trading lands so that Graf Street does not divide either subdivision.
Responding to Commissioner Krauss, Mr. Allen indicated that approximately 25 percent of the land
is to be park, open space or setbacks, and the developer has requested that wetlands be counted as
parkland.
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Responding to Commissioner Youngman, Mr. Allen indicated that, even though the property along
the west side is designated "R-1", the density of housing will be reduced to accommodate neighbor
concerns. He identified some of the changes that have been made to address those concerns, including
the elimination of some lots, increased setbacks and the protection of a vegetative corridor.
Commissioner Youngman turned her attention to concerns about groundwater and asked if there
will be testing during periods of high groundwater. She also expressed concern about the potential for a
significant amount of fill in those high groundwater areas and the negative impacts that can have on the
area and adjacent properties.
Mr. Greg Allen responded that there have been fifty test wells on the site for quite some time, and
they have revealed water tables of 18 inches to 8 feet. He noted some of the neighbors have identified
concerns about dewatering during construction of roads, and that issue will be addressed. Further, he
indicated that efforts will be made to address water migration along the water and sewer lines when they
are installed, probably through the use of trench dams. He turned his attention to fill, noting that little fill is
anticipated, and he does not believe that the surrounding homes, most of which are at least 1300 feet from
this site, will be negatively impacted by that fill.
Responding to Commissioner Hietala, Mr. Allen stated an estimated 708 units are planned for this
site. He identified the various housing types and densities reflected on the revised design, noting they range
from single-household units to multi-household units in a variety of densities.
Commissioner Kirchhoff addressed the block layout, questioning whether some of the blocks are
too long. Mr. Allen responded that pedestrian crossings have been provided in those blocks that are longer
than allowed under the code without an interruption. He then indicated that minimal street crossings have
been provided across the open space and creeks and stressed that vegetation is being retained and
protected to the greatest extent possible. He stated that, with three streams and Farmers Canal traversing
this property, a uniform block layout and a strong grid system are not possible.
Commissioner Kirchhoff cautioned that some proposed revisions to the unified development
ordinance would require streets around a park area, and cautioned that this design would not meet that
requirement. He then proposed the elimination or relocation of lots to accommodate that requirement,
noting that street frontage is preferable to rear lot lines. He encouraged the applicant to consider a more
uniform street layout within the subdivision if possible, noting that leads to greater predictability.
Mr. Don Seifert, 5700 Fowler Lane, submitted two pictures of the subject property, noting his
property abuts this site on the west and the south. He voiced his interest in groundwater, particularly since
it flows from south to north, and the impacts that this development might have on water depths and aquifers.
He encouraged continued groundwater monitoring and indicated he would be willing to include monitoring
wells on his property if the applicant wishes to provide a baseline before development begins. He then
noted that he flood irrigates his property, which raises the groundwater table; and he does not want to be
held liable for flooding anyone within this subdivision. He turned his attention to the grove of trees,
suggesting that it may be beneficial to retain an arborist to determine how many of those trees are worth
saving. He concluded by asking that any lighting within this subdivision be sensitive to the area, particularly
since he likes to watch the stars at night.
Ms. Chris Seifert, 5700 Fowler Lane, voiced concern that, with the plan as proposed, there are two
roads adjacent to each other and then a barbed wire fence. She suggested that some other type of buffer
be provided between the residential development and the adjacent agricultural uses. She then noted that
the headgate for Farmers Canal is located on the subject property, where a proposed street is to be
constructed, and questioned how that might impact diversion of the water.
Ms. Mary Donahey stated she is part of the Anderson Trust with the Seiferts. She noted these plans
are different from the first plans she saw and no longer include the green area providing a transition
between residential development and agricultural uses. She acknowledged that the plans will continue to
change until final approval, recognizing that some changes will be good for the area while others will be
good for the developer. In the meantime, she cautioned that people make plans for their properties based
on the latest plans for adjacent development. She concluded by noting the previous owners were good
stewards of the land and asked that the developers be good stewards as well.
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Mayor Cetraro concluded the agenda item by thanking the developer for the opportunity to review
this pre-application.
Discussion - FYI Items
The fOllowing "For Your Information" items were forwarded to the Commission.
(1) Notice from the Department of Environmental Quality announcing the public meeting on
proposed changes to numeric water quality standards, set for August 10 in Helena.
(2) Invitation from Potter Clinton Development to attend the Chamber of Commerce "Business
After Hours" event on Thursday, July 28, at Baxter Meadows.
(3) Letterfrom Mike Oswald, General Manager of Bozeman's Bresnan Communications office,
providing additional information on his proposal to provide a City channel.
(4) E-mail message encouraging the Commission to reconsider the recent Town and Country
Grocers decision.
(5) Letter from Don Kreitz thanking the Commission for its decision on Town and Country
Grocers.
(6) Letter from Jan Elpel thanking the Commissioners for their decision on Town and Country
Grocers.
(7) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, July 26,
and notice that the meeting scheduled for Wednesday has been cancelled.
(8) Agenda for the County Planning Board meeting to be held at 6:30 p.m. on Tuesday, July 26.
(9) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on
Wednesday, July 27, in the Commission Room.
(10) Notice that the Design Review Board meeting for Wednesday, July 27, has been cancelled
due to the lack of agenda items.
(11 ) Minutes from the Parking Commission work session held on June 23, along with its mission
statement. and lists of the goals and tasks for the upcoming year.
(12) City Manager Kukulski submitted the following. (1) Stated that. in light of the public's
confusion with the combined agendas the past two weeks, he will once again create separate agendas and
two separate meetings. He suggested this will result in a cleaner process that is more easily understood
by everyone involved. (2) Noted it was his intent to place cable television franchising on next week's
agenda but suggested, in light of the new letter from Bresnan Communications, the Commission may wish
to change its direction. He noted that his intent was to find a way to get Commission meetings televised.
He then noted that he has received two extremely interesting proposals, and a radio station has also
expressed interest in contracting with the City to do all its broadcasting.
(13) City Manager Kukulski announced that during the August 8 meeting, staff will seek two
separate actions from the Commission regarding solid waste issues, after accepting public comment. He
stressed the importance of following the appropriate processes when considering various options pertaining
to solid waste, noting that he does not want to see it flawed by a technical tactical error.
Commissioner Kirchhoff recognized that any option reflecting a departure from the present course,
which is the construction of a transfer station, should be considered only after public input is received.
Commissioner Youngman stated that, if the various options are to be considered, it is important the
public be given an opportunity to speak after the staff presentation has been made so they can make more
informed comments, even if the discussion is done in a work session rather than a regular meeting.
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(14) The City Manager noted he has e-mailed his evaluation form to the Commissioners and will
provide a hard copy on request.
Responding to Commissioner Krauss, the City Manager stated he will request that his evaluation
be done in closed meeting, since he has found the feedback provided in that setting is much more valuable
than the information received in open meeting.
(15) Commissioner Krauss announced that he will be absent from next week's meeting.
(16) Di rector of Publ ic Service Debbie Arkell subm itted the followi ng. (1) An nou nced that she has
received the first resignation from the Solid Waste Division stemming from the uncertain future of those
operations. (2) Noted that JCD Development will be requesting impact fee credits for various improvements,
some of which are on the capital improvement program and some of which are not. She suggested that
the Commission give careful consideration to those that are not in the CIP, particularly those that may not
be reflected in the updated facilities plan.
(17) Responding to Commissioner Krauss, Director of Public Service Debbie Arkell stated that
City staff previously approached the County Commission about inclusion of County properties in the special
improvement district for Durston Road and were given a negative response. She acknowledged that was
before County Commissioner Skinner was seated and recognized the response may now be different. She
then indicated that staff will probably approach the County on a formal basis some time in September.
(18) City Manager Kukulski noted that Historic Preservation Planner Allyson Bristor has been
informed the City must sign the agreement for the Save America's Treasures grant for the Story Mansion
now if it wishes to retain the option of using those monies; and it is his intent to place the agreement on next
week's agenda for approval. The City has up to five years to find matching monies and use the grant, but
no more extensions on signing of the agreement will be granted. The monies may be used by any pUblic
agency or a non-profit agency but not by a private party.
(19) Director of Public Service Debbie Arkell noted that staff was informed the City has been
awarded a $1 million federal grant for water improvements, but has two weeks to complete an application
form, which should be ready to mail on Friday. She stated this is a 55/45 match grant and will be used to
help fund the Hyalite transmission main.
The City Manager noted this is one of those grants that former City Manager Clark Johnson has
been able to divert to Bozeman from a community unable to capitalize on the award because Bozeman has
plans in place and is in a position to provide the necessary match.
(20) Responding to Mayor Cetraro, Planning Director Epple noted the new sign at the Bozeman
High School is not required to meet City code and expressed concern that it is a real distraction to drivers.
Adiournment - 10:20 D.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 bein Commissioner Kirchhoff, Commissioner
Hietala, Commissioner Krauss, Commissioner Youngman an ayor Cetraro; those voting No, none.
. CETRARO, Mayor
ATTEST:
~./~
ROBIN L. SULLIVAN
City Clerk
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