HomeMy WebLinkAbout2003-12-15 Minutes, City Commission, SPEC
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
December 15, 2003
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The Commission of the City of Bozeman met in special session in the Commission Room, Municipal
Building, on Monday, December 15, 2003, at 3:00 p.m. Present were Mayor Steve Kirchhoff, Commissioner
Marcia Youngman, Commissioner Lee Hietala, Commissioner Jarvis Brown, Commissioner Andrew Cetraro,
City Manager Clark Johnson, Director of Public Service Debbie Arkell (for the afternoon session only),
Planning Director Andy Epple, Staff Attorney Tim Cooper and Clerk of the Commission Robin Sullivan (for
the afternoon session) and Deputy Clerk of the Commission Karen DeLathower (for the evening session).
The meeting was opened with the Pledge of Allegiance and a moment of silence.
None of the Commissioners requested that any of the Consent Items be removed for discussion.
Siqninq of Notice of Special Meetina
Each Commissioner, in turn, signed the Notice of Special Meeting.
Minutes - December 8 and December 10. 2003
It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the minutes
of the special meeting of December 10, 2003, be approved as submitted. The motion carried by the
following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala,
Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none.
Mayor Kirchhoff deferred action on the minutes of the meeting of December 8, 2003, to a later date.
Consent Items
City Manager Johnson presented to the Commission the following Consent Items.
Ordinance No. 1606 - settina City Manaqer's salarv for Fiscal Year 2004: finallY adopt
ORDINANCE NO. 1606
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
ESTABLISHING THE MONTHLY SALARY OF THE CITY MANAGER OF THE CITY OF
BOZEMAN AS REQUIRED BY THE BOZEMAN MUNICIPAL CODE.
Commission Resolution No. 3639 - certifyina delinauent assessments as of December
1. 2003. to the County
COMMISSION RESOLUTION NO. 3639
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
DECLARING ANNUAL AND SEMI-ANNUAL SPECIAL ASSESSMENT INSTALLMENTS
DUE AND PAYABLE NOVEMBER 30,2003, AND UNPAID AS OF DECEMBER 1, 2003,
DELINQUENT, PURSUANT TO SECTION 7-12-4183, MONTANA CODE ANNOTATED,
AND AS PROVIDED BY CHAPTERS 2.32 AND 3.04 OF THE BOZEMAN MUNICIPAL
CODE, AND DIRECTING THE DIRECTOR OF FINANCE TO CERTIFY THE SAME TO THE
GALLATIN COUNTY TREASURER FOR COLLECTION.
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Authorize City Manager to sian - Professional Services Aareement with Morrison-
Maierle. Inc.. Bozeman. Montana - enaineerina services for Baxter Meadows
area SID
Award bid - 2004 reaular cab 4x4 DickuD for Sian Division - Ressler Motors. Bozeman.
Montana - in the bid amount of $26.518.66
ADDlications for renewal of Beer. Wine and Liauor License for Calendar Year 2004
Claims
It was moved by Commissioner Hietala, seconded by Commissioner Brown, 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 Hietala, Commissioner Brown, Commissioner Cetraro, Commissioner Youngman and Mayor
Kirchhoff; those voting No, none.
ADDointments to (a) Public Transit Stakeholder's Advisorv Board and (b) Recreation and Parks
Advisorv Board (students)
Included in the Commissioners' packets was a memo from Clerk of the Commission Sullivan, dated
December 11, 2003, forwarding the list of applicants for these boards.
It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that Colleen
Lindner be appointed as the ASMSU representative on the Public Transit Stakeholder's Advisory Board.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman,
Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No,
none.
It was moved by Commissioner Hietala, seconded by Commissioner Brown, that Nick Davis be
appointed to replace Thane Richard as a student representative on the Recreation and Parks Advisory
Board, with a term to expire on June 30, 2004. The motion carried by the following Aye and No vote: those
voting Aye being Commissioner Hietala, Commissioner Brown, Commissioner Cetraro, Commissioner
Youngman and Mayor Kirchhoff; those voting No, none.
ADDointment of selection committee for consultant to Derform larae scale retail economic imDact
study
Assistant City Manager Ron Brey reminded the Commissioners that Commissioner Hietala and
David Smith, Executive Director of the Bozeman Area Chamber of Commerce, have been appointed to the
selection committee. He then asked that the Commission select additional members, noting he would prefer
to have four to six people on the committee.
Responding to Mayor Kirchhoff, the Clerk of the Commission indicated that no advertising has been
done for this committee.
Responding to the Mayor, the Assistant City Manager indicated that the proposals are due on Friday,
December 19, and ideally the committee would begin meeting next week, with a recommendation to be
made to the Commission in January for a firm to complete the study.
As a result of discussion, the Commissioners determined that appointing people from the previous
task force would be beneficial.
It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that Bill Ranard, Ashley
Ogle, Jerry Cashman, Lowell Springer and Vonda Laird be asked to serve on the selection committee for
the consultant to perform the large scale retail economic impact study, in that order, to create a committee
of four to six people. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Brown, Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala and Mayor
Kirchhoff; those voting No, none.
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Appointment of City representative on the Transfer of Development Riahts (TDR) Citizens Advisorv
Committee
City Manager Johnson noted that, included in the Commissioners' packet, was a letter from the
County Commission, dated December 11 , asking the City Commission to appoint a member to serve on the
Transfer of Development Rights (TOR) Citizens Advisory Committee. He noted the County Commission's
preference is that a citizen be appointed to serve on this committee, rather than loading the committee with
staff and elected officials.
None of the Commissioners had any suggestions for a citizen to serve on this committee, so Mayor
Kirchhoff requested that this position be advertised, with the appointment delayed to a later date.
Reauest for extension of deadline for submittal of responses to reauest for proposals for
architectural and enaineerina services for parkina structure/retail facility from December 31. 2003
to Januarv 16. 2004
City Manager Johnson stated the Parking Commission has recommended the deadline for the
proposals be extended due to the holiday season.
Mr. John Thiede, 2506 Westridge Drive, stated he received a packet of information from the City
of LaCrosse, Wisconsin, today that details the River Center apartments and parking structure. He noted
that the development includes a 630-space parking garage with ten commercial condominium units on the
ground floor and 72 apartments on the top level. One advantage to having the apartments on the top is that
snow plowing is not necessary. He then stated that the City constructed the parking structure while a
developer was responsible for the apartments and commercial spaces. He concluded by voicing support
for extending the deadline for proposals to January 16.
Commissioner Youngman voiced support for the proposed extension.
It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the deadline
for submittal of responses to the request for proposals for architectural and engineering services for a
parking structure/retail facility be extended from December 31, 2003, to January 16, 2004. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Cetraro, Commissioner
Youngman, Commissioner Hietala, Commissioner Brown and Mayor Kirchhoff; those voting No, none.
Reauest from American Wildlands for letter of support for fundina from the Department of
Environmental Quality for environmental study of Gallatin Riyer as an outstanding water resource
Included in the Commissioners' packets was a letter from theAmerican Wildlands, dated December
1, requesting the Commission urge the Montana Department of Environmental Quality to fund the
environmental review for the proposed designation of a stretch of the Gallatin River as an outstanding
resource water.
Ms. Amy Stix, American Wildlands, indicated she represents 2,000 area residents and 75 area
businesses that support the designation of a 38.8-mile portion of the Gallatin River lying between the
Yellowstone National Park boundary and the confluence of Spanish Creek as an outstanding resource water
(ORW). She stated that, at this time, American Wildlands is requesting that the Mayor be authorized to
write a letter to the Montana Department of Environmental Quality asking that they allocate monies for the
environmental impact statement to determine whether this section of the Gallatin River should be
designated as an ORW.
Ms. Stix gave a brief overview of this request, noting that legislation adopted in 1995 allows citizens
to petition for an ORW designation. The Department of Environmental Quality is then responsible for
allocating monies to complete an environmental impact statement before the State Legislature can vote on
that designation; and the Gallatin River has already been waiting for 1 ~ years to receive the funding for that
study. She noted that the Gallatin River is an important public resource and is recognized for its blue ribbon
trout fishing, which draws many visitors and tourists to thearea; and the resource needs to be protected.
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Responding to Commissioner Youngman, Ms. Stix confirmed that the ORW designation does apply
only to source point pollution, such as a sewer pipe, and does not apply to non-point source pollution, like
run-off from agricultural uses or roads. She stressed that sewage is a significant threat to the river,
especially since it is such a popular water body for fishing and recreational activities such as rafting. She
stated it does not prohibit the discharge of effluent from a sewage treatment facility into the river; State law
simply requires that the discharge be of the same quality or higher than the current condition of the river.
Responding to questions from various Commissioners, Ms. Stix stated the Department of
Environmental Quality has estimated the environmental impact study will cost between $250,000 and
$500,000. The State Legislature did not budget enough monies for the DEQ to cover the costs of
completing all of the necessary reviews for the various projects that have been submitted, and the
Department must now make choices. The Department had initially earmarked monies for the Gallatin River
review; however, in the past couple of months, it has been considering a shift of those monies to the
environmental impact study that must be completed for Holcim's application to burn tires at their plant. She
stressed that American Wildlands supports that environmental impact study also, however, it does not want
to see the monies diverted from the Gallatin River review to this review. She noted that the application for
the ORW designation was submitted 11'2 years before the Holcim application was submitted; and private
companies are generally required to fund their own environmental impact studies, particularly if they want
those studies completed in a timely manner.
Responding to questions from Mayor Kirchhoff, Ms. Stix stated the answers she has received from
employees at the Department of Environmental Quality have been foggy and vague on funding for the
Gallatin River review. She expressed a strong desire to have that review completed so the 2005 Legislature
can act on designating the river as an ORW. She then noted that the Gallatin River is the first water body
in Montana to have the designation being requested by citizens; and the State has indicated a desire to
conduct a thorough study before submitting the issue to the Legislature. She then indicated the estimate
for the environmental impact statement for the Holcim project is also between $250,000 and $500,000.
Further responding to the Mayor, Ms. Stix noted that in June 2001 , the Commission voted to support
the citizen petition to designate the subject portion of the Gallatin River as an outstanding resource water.
The Department of Environmental Quality is required by law to complete an environmental impact statement
for such a designation; and on March 29, 2002, the Board of Environmental Review directed the DEQ to
do so. She indicated that American Wildlands is not asking that the funding be made an either/or situation;
rather, they support having both studies completed but feel that public monies are more appropriately used
for a public resource than for a private company's application.
Mr. Tony Kolnik, 81491 Gallatin Road, stated he is Vice Chair of the group involved in efforts to
incorporate the Four Corners area. He distributed copies of three items, including a copy of an article in the
Helena Independent Record entitled Gallatin water woes have statewide implications. He quoted one
of the sentences from that article, which reads "An in-depth, science-based analysis of river basins like the
Gallatin would go a long way toward helping those who are dealing with these issues make more informed
decisions related to groundwater."
Mr. Kolnik stated support for Ms. Stix's comments, noting he has done work on a number of septic
systems. He indicated that he was an objector to the Zoot property wells, and he is involved in a group of
citizens that are appealing the judgment for a 50-acre gravel pit near Four Corners. He concluded by asking
that the Commission also request an amendment to the ORW designation and study area to include the
proposed City of Four Corners area.
Mr. Robin Cunningham, 611 Garnet Mountain Way, Gallatin Gateway, stated he is Executive
Director of the Fishing Outfitters Association of Montana. H e characterized these outfitters as small
businessmen who are dependent upon the quality of water for the quality of fishing. He stated that 10
percent of the use of the Gallatin River is from outfitters; and in 2002, that 10 percent generated $355,000
plus the additional economic spin-offs from people staying in the area and enjoying other pastimes when
not fishing. He agreed with Ms. Stix that both point source and non-point source pollution need to be
addressed. He concluded by urging the Commission to support this application for ORW designation,
stating that due to recent changes he anticipates this may be the only outstanding resource water
designation in the state.
Mr. Harry Murphy, 48 Riverside Drive, stated he is Immediate Past President of the Madison-Gallatin
Chapter of Trout Unlimited. He reported that Trout Unlimited supports this designation and the City, by
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previous action, has also indicated its support. He stated that the Gallatin River is an important asset to
Bozeman and Gallatin County, providing clean water for recreational use, and encouraged the Commission
to write a letter of support to the Department of Environmental Quality.
Ms. Margo Zell, Montana Whitewater Rafting, encouraged the Commission to write a letter of
support for funding of the study. She noted that people come to Bozeman because they have heard the
rafting is so great, and the Gallatin River is one of the last clean rivers in the lower 48 states. To maintain
this reputation, it is important that an environmental impact statement be funded and completed.
Responding to Mayor Kirchhoff, Ms. Stix expressed concern about mUddying the waters by asking
that the study area be extended. She asked, instead, that the letter of support be directed to the original
request.
Responding to Commissioner Cetraro, Ms. Amy Stix stated that designation as an outstanding
resource water does not have any impact on issues such as general run-off and, as a result, does not affect
logging, agricultural uses, driving a car along a road or using off-road vehicles, since those are non-point
sources of pollution. She also noted that construction is not impacted, although a permit to release sewage
would trigger the requirement to ensure the effluent is of the same or higher quality than the current river
quality.
Mayor Kirchhoff indicated he would like authorization to write a letter of support for the proposal as
proposed, encouraging the Department of Environmental Quality to identify funding for the study.
Commissioner Brown and Commissioner Youngman each expressed their support for doing so.
Commissioner Hietala indicated he does not support sending a letter because he feels it is important
to know more about the economic impacts before providing that support.
It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the
Commission authorize and direct the Mayor to write a letter to the Montana Department of Environmental
Quality for funding of an environmental review of the Gallatin River for the Outstanding Resource Water
designation. The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Youngman, Commissioner Brown and Mayor Kirchhoff; those voting No being Commissioner Hietala and
Commissioner Cetraro.
Discussion re possible withdrawal of CALA petition
City Manager Johnson announced that Staff Attorney Cooper will send a memo to the Commission
reporting on the meeting that he had with other attorneys and representatives from the State of Montana
on Friday. He noted that, as a result of that meeting, this discussion is not needed at this time.
Authorize Mavor to write letters of suPPort for tax credit applications for the Wheatland project.
Bridaer Apartments II project. and the Bridaer Peaks Villaae project
Included in the Commissioners' packets were copies of draft letters of support as prepared by Caren
Roberty, staff support for the Community Affordable Housing Advisory Board.
Ms. Caren Roberty stated that the Community Affordable Housing Advisory Board considered each
of the three tax credit projects at a meeting held on December 10. As a result of that review, the Board has
forwarded letters recommending that the Commission authorize the Mayor to write letters of support, and
she has also provided draft letters of support for Commission consideration. She stressed that these three
projects address different identified needs in the community. Since the process for obtaining tax credits is
extremely competitive, she has identified the different elements of the population to be served by each
project so that each project can be considered on its own merit and not in competition with the other two
applications from Bozeman. She briefly reviewed the differences, noting the Bridger Peaks Village project
is for the very low income seniors; the Bridger Apartments II project is for low to moderate income and those
in transition; and the Wheatland project is targeted to the very low income and mentally or physically
impaired.
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Mayor Kirchhoff noted that City funds are also being sought for the Wheatland project and asked
if terms for the award of those monies have been identified.
Ms. Roberty responded with her recommendation that these issues be addressed at a later date,
and that the Commission support that award in concept only at this time. She assured the Commission that
the regulations for the tax credit program and the overview by the Montana Board of Housing will help to
ensure that profit to the developer is limited and that the monies contributed to the program are for the
benefit of the residents. She suggested that conditions for award of the $100,000 from the City could
include use of the monies for construction only or that they be used to buy down the mortgage, thus allowing
the developer to charge lower rents.
Commissioner Cetraro expressed his discomfort with the monetary figures in the letter of support
for the Wheatland project, and noted he cannot support these letters if that section is not removed.
Commissioner Youngman noted that leaving that information in the letter helps to distinguish this
project from the others. Also, with the emphasis being placed on a different segment of the population in
each of the letters, all of these projects have a better chance of being funded.
It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the Mayor be
authorized and directed to send letters of support for the tax credit applications for the Wheatland project,
the Bridger Apartments II project and the Bridger Peaks Village project. The motion carried by the following
Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Brown, Commissioner
Youngman and Mayor Kirchhoff; those voting No being Commissioner Cetraro.
Decision - reauest for fundina from affordable housina monies for Wheatland Droiect
Ms. Caren Roberty, staff support for the Community Affordable Housing Advisory Board (CAHAB),
stated that Wheatland Partners has been working with the Board in an effort to meet the needs of those
persons earning under 40 percent of area median income. She noted that those who earn under 30 percent
of area median income have other programs available for assistance and those earning more have other
options available; those earning under 40 percent don't have the options available to the other groups. She
stated that assistance from the City could help reduce the mortgage payment, thus allowing rents to be
reduced.
Commissioner Cetraro noted that this request is for a portion of the monies from the large scale
retail development impact fees that have been earmarked for affordable housing projects. He expressed
a desire to know how much of those monies have been expended and how their future use is envisioned.
In response to comments from Ms. RObertl' Commissioner Youngman noted that the Commission
has allocated $200,000 in this fiscal year's budget, 1 00,000 for the home ownershi p program and $1 00,000
for rental units.
Ms. Roberty noted there is also approximately $170,000 in the affordable housing fund, which is
recycled monies from a variety of sources.
Mr. Russ Squires, applicant, assured the Commission there are adequate safeguards to ensure the
requested $100,000 benefits the tenants. He noted that under other financing mechanisms for this project,
the net cash flow of the project is monitored, and if it reaches higher than a specified level, interest rates
kick in. He stated that the requested $100,000 is important because of its leverage, noting that it buys the
ability to apply for a $500,000 HOME grant. He noted that over 31 years, this will buy 15 units; and it meets
the CAHAB's request for an additional 5 percent affordable units will result in 18.7 units, rounded up to 19
units for those under 40 percent of area median income. He concluded by suggesting this project could be
used as a model for future projects.
Responding to City Manager Johnson, Mr. Squires stated that the Commission decision on this
request will affect the application for tax credits, particularly since he can provide 18 units at the 40 percent
of area median income level if this request is approved and he can submit an application for a HOME grant.
He indicated that the partnership will pay for the HOME grant application and pay for its administration, but
he needs a response on the $100,000 request before the January 7 deadline for submitting applications for
the tax credit program.
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Commissioner Cetraro expressed his discomfort with basing action on the preliminary numbers
submitted in last week's presentation, particularly when the impacts of acting on the requested waiving of
fees and exactions are not known.
Mr. Squires responded that waiving of fees will have no effect on the numbers presented, although
he recognized the preliminary figures will need to be tweaked. He then stressed that the City will not incur
any costs for the grant. He noted that this proposal provides the type of housing identified in the $30,000
BAE study recently completed; and if the Commission does not approve this request, it will set the project
back a full year.
Responding to Mayor Kirchhoff, Mr. Squires stated the value of this project is $6.7 million, with $4
million being from the federal iovernment and only about $1.8 million in debt if this request for $100,000
is approved and he obtains a 500,000 HOME grant. He then indicated that approval of this request for
$100,000 would be activated as soon as the State tax credits are awarded.
Mayor Kirchhoff expressed his support for this request, noting that the new policies for affordable
housing have helped to ensure a higher level of review of affordable housing applications. He noted that
with the requirements in place for the tax credit program, there are adequate assurances in place that
monies will not be squirreled away and that staff can monitor the project.
Commissioner Youngman voiced her support for this request, noting she feels that adding more
requirements at this time would contradict the Commission's previous action.
Responding to Commissioner Brown, Mr. Squires stated he can proceed without the HOME grant;
it will simply mean he can provide 6 units, guaranteed for 31 years, for this with 40 percent of the area
median income rather than the 19 units current proposed. He then reminded the Commission that the BAE
study encourages public/private partnerships, which allow for creative financing.
Commissioner Hietala expressed his interest in delaying this decision until January 5, to allow other
applications to be submitted prior to the deadline for submittal of applications for tax credits. He also voiced
his desire to have the $100,000 award contingent upon receipt of a HOME grant.
It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the Commission
authorize the expenditure of $100,000 from the large scale retail economic impact fees earmarked for
affordable rental housing for this fiscal year for the Wheatland project, to ensure affordability for those in
the 40-percent of area median income category, contingent upon the City and Community Affordable
Housing Advisory Board working out acceptable loan requirements with the applicant. The motion carried
by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Youngman
and Mayor Kirchhoff; those voting No being Commissioner Cetraro and Commissioner Hietala.
Break - 4:37 to 4:44 D.m.
Mayor Kirchhoff declared a break from 4:37 p.m. to 4:44 p.m., in accordance with Commission
policy.
Commission Resolution No. 3640 - establishina Dolicv for arantina of funds from the City
Included in the Commissioners' packets was a copy of Commission Resolution No. 3640, entitled:
COMMISSION RESOLUTION NO. 3640
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
ESTABLISHING A POLICY FOR GRANTING OF FUNDS FROM THE CITY OF BOZEMAN
TO A REQUESTING ENTITY.
A revised copy of the resolution was distributed just prior to the meeting.
City Manager Clark Johnson reminded the Commissioners that they had received a presentation
and discussed this item at last week's meeting; this resolution simply adopts the policy.
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Responding to Commissioner Cetraro, Commissioner Youngman indicated that the revisions better
reflect the Commission's direction at last week's meeting.
Commissioner Cetraro expressed his frustration with "11 th hour changes". He also questioned the
urgency of adopting this resolution.
Mr. Roger Koopman, Chamber of Private Enterprise, complimented Assistant City Manager Brey
for the work he has done on providing information to the Commission; however, he finds this resolution is
fatally flawed. He characterized it as a working document but not a final policy statement and proposed
three areas for additions or improvements. He proposed that Statement NO.2 be strengthened, to require
that the application process include financial reports, bank records, tax returns, etc., necessary to perform
due diligence; and add a statement that any falsification of the application will result in denial. He also
proposed that No. 7 be revised to state that awards may not be made to organizations that engage in
lobbying, electioneering and other political activities, noting that if monies are earmarked for non-political
purposes but the organization is involved in political practices, it simply means those monies can be moved
around within the organization. Finally, he proposed an Item 8 that requires a one-year track record in
Gallatin County, thus precluding the award of monies to start up businesses.
Mr. Steven Potuzak, Executive Director of GalaVan, asked if this resolution applies to the mill levy
for senior and disabled transportation, which was approved by the voters.
Staff Attorney Cooper responded that this resolution does not apply to the voted mill levy, but would
apply to any alternative sources of monies from the City that GalaVan may pursue.
Commissioner Cetraro stated that when reviewing this resolution, he questioned who the policy
would apply to, what pots of money are involved, and whether it would impact members of bodies like the
Chamber of Commerce and the Gallatin Development Corporation.
City Manager Johnson questioned whether this policy would also apply to the $150,000 in matching
monies for park improvements that are budgeted annually under the Parks budget.
Commissioner Brown indicated he would be in favor of making it clear that this policy does not apply
to the City's enterprise funds.
Mayor Kirchhoff acknowledged that, based on the questions and comments raised, adopting this
resolution would open the City to a lot of difficulty and unnecessary work; and he would prefer to kill the
resolution and act on each individual application without policy direction.
Commissioner Youngman suggested that Item 7 could be amended by adding a sentence that
states "Ongoing annual allocations, like those to GalaVan, parks projects, GDC and HRDC, are exempt from
this policy".
Commissioner Brown suggested that Item 1 be amended to state "non-enterprise City funds".
Staff Attorney Cooper indicated that he has not had an opportunity to review this resolution. He then
cautioned that the City is involved in loans as well as grants.
In light of the issues raised, Commissioner Hietala stated he feels this resolution should be referred
back to staff for legal review and any necessary revisions.
It was moved by Commissioner Hietala, seconded by Commissioner Cetraro, that Commission
Resolution No. 3640 be referred back to legal staff for review and revision through the normal review
process. The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Hietala, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting No being
Commissioner Brown.
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Reauest for $25.000 in fundina from larae scale retail economic imDact fees to Gallatin Valley
IndeDendent Business Alliance
Mr. Roger Koopman, Chamber of Private Enterprise, stated the organization has previously
expressed a number of concerns and has supplied information to the Commission regarding this issue. He
stated the claim that this organization is not political in nature is false on its face, noting that the document
provided by the Gallatin Valley Independent Business Alliance is replete with political references. He
stressed that a "buy local" campaign can be done without political connections, and approving this funding
is inappropriate. He then stated that he has talked to representatives from WalMart; and they are concerned
that the City would use the monies they are being assessed to influence consumers against buying there.
He concluded by voicing his strong opposition to approving this request.
Ms. Ashley Ogle, Kenyon-Noble, stated she is part of the Gallatin Valley Independent Business
Alliance, which is a positive group who are interested in supporting the local independent community as well
as the community in general.
Commissioner Cetraro stated he feels the Commission needs a policy in place before acting on this
request.
Commissioner Youngman stated this group is committed to the seven points in the proposed
resolution. She also noted that four of the Commissioners previously voted to put this item in the budget;
and she believes it is appropriate to now expend those monies.
It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the $25,000
budgeted from the large scale retail economic impact fees in the Fiscal Year 2003-2004 budget be
transmitted to the Gallatin Valley Independent Business Allliance. The motion carried by the following Aye
and No vote: those voting Aye being Commissioner Youngman, Commissioner Brown, Commissioner
Cetraro and Mayor Kirchhoff; those voting No being Commissioner Hietala.
Informal review - The Arts at City Center master Dlan - lone Eaale Investment - Derformina arts
center comDlex including office buildina. retail. Darkina structure. hotel. conference center. theaters
and Derformina arts center on DroDerty aenerally Iyina between North Black Avenue and North
Willson Avenue and between West Main Street and East Beall Street
Included in the Commissioners' packets was a copy of the informal review document for The City
Center project master site plan, as prepared by Town & Country Planning for Lone Eagle Investment-10
LLC.
Mr. Dick Clotfelter, Lone Eagle Investment-10 LLC, stated this master site plan sets forth the
general development plan and establishes building envelopes and entitlements for a large scale
development under the unified development ordinance. He stated the project extends over a five-block area
in the historic commercial core and includes under-utilized or vacant lands. The project consists of the Arts
at City Center complex, which includes a new 1 ,600-seat performance hall, extensive remodeling of the
Armory, renovation of the Ellen Theater and the Rialto Theater, renovation of Sylvester's retail to include
retail on the ground level and performing arts on the second floor, a parking structure, a major conference
center, and an office complex. The conference center is to include a 38,000-square-foot center with a major
hall and breakout rooms, and will be accompanied by a 96-room hotel with restaurant and lounge. In
conjunction with this project, the Cat Eye Cafe building is to be relocated to 23 East Lamme Street, a new
building is to be constructed at 5 East Lamme Street for Straightaway Motors, and a new building is to be
constructed at the southeast corner of the intersection of North Willson A venue and West Mendenhall Street
for the Landoe law firm. Also, two small single-family residences on East Lamme Street are to be replaced
by a duplex.
Mr. Clotfelter noted the Bozeman 2020 Community Plan sets forth clear criteria, and this project is
in general conformance with and consistent with the applicable policies. Also, all uses within the project
area are permitted except Straightaway Motors, which is a conditional use in the "B-3", Central Business
District, zone and the proposed duplex.
Mr. Dick Clotfelter briefly reviewed the proposed building heights, including the performing arts
center at 110 feet, the parking structure at 60 feet, the conference center at 20 feet and 35 feet over the
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ballroom, the hotel at 80 feet and the office building at 76 feet. He indicated that the Armory is 35 feet tall,
the Ellen Theater is 65 feet, the Rialto Theater is 31 feet and Sylvester's is 32 feet. He then identified the
heights of other buildings in the downtown area, including the Baxter Hotel at 80 feet to the top of the
building and 105 feet to the top of the sign, the Bozeman Hotel at 70 feet, the US Bank at 60 feet and the
Federal Building at 70 feet.
Mr. Clotfelter stated that, to accommodate the desires of the performing arts group that resulted from
five years of study, the seating area of the concert hall requires four levels. Also, to accommodate the
theater area, a total of 108 feet is needed.
Mr. Clotfelter noted that under this proposal, the largest and tallest buildings are to face Mendenhall
Street, thus concentrating those heights within a limited area. The low rise elements are to be located on
the north, where they will be more compatible with the residential development around the site. He noted
that the taller structures will be landmarks within themselves, and will be located between the two tallest
existing buildings on Main Street. He indicated that the architecture of the individual buildings has not yet
been identified; rather, the concept plan reflects bulk only. A traffic study is currently being undertaken in
anticipation of a formal application being submitted in January. Also, soil tests are being undertaken, to
identify the types of foundations needed for the various buildings; and surveys of the specific blocks are
being undertaken.
Mr. Dick Clotfelter stated that various encroachments will be needed to accommodate the project
as proposed. Those include encroachment of the parking structure into the 7-foot front yard setback from
Mendenhall Street, encroachment of the performing arts center into the 7 -foot front yard setback from
Mendenhall Street, a sky bridge over the alley between the Ellen Theater and the concert hall that is high
enough that it does not impede alley traffic and a sky bridge over Mendenhall Street between the parking
structure and the convention center. Also, land exchanges involving the City parking lot at the southeast
corner of the intersection of North Willson Avenue and West Mendenhall Street and the privately owned
parking lot at the southwest corner of North Black Avenue and East Mendenhall Street are needed. He then
forwarded questions on which he is seeking Commission input, which include: are the requested deviations
and building heights acceptable; is the easement for extension 0 f the Ellen T heater above t he alley
acceptable; is the pedestrian bridge across Mendenhall Street acceptable; will the Commission consider
abandoning the alley behind the existing Kenyon-Noble building; are the encroachments into the setback
from Mendenhall acceptable; are the land exchanges acceptable; is relocating Straightaway Motors one
block to the north without going through a new conditional use permit acceptable; and are ground level
residential units on the north side of Lamme Street acceptable.
Mr. Clotfelter unveiled photographs showing existing structures in the downtown area with a
computer-generated model of the new performing arts center superimposed. He stressed that the existing
structures on Main Street mask the new development, except at the intersections. He then unveiled a
model of the project, identifying the various elements of the project. He noted that the project is to be
designed to push street life to Mendenhall Street, with the streetscape trees and benches to be carried down
the side streets to Mendenhall Street and through the project.
Mayor Kirchhoff stressed that the Commission cannot act on any of the specific questions asked,
but can respond only in a broad and conceptual manner. He then identified the following questions and
asked for Commissioner comments on each.
1. Are the requested building heights acceptable? The Commissioners indicated they are
conceptually and generally favorable to the requested building heights, with Commissioner Hietala adding
the caveat he has no problem as long as the Fire Department has equipment to accommodate the desired
heights.
2. Extension of the second levels of the Ellen Theater and Sylvester's over the alley. The
Commissioners indicated they had no problem, but recognized that some problems or issues may arise
during review of the specific application.
3. Abandonment of alley behind Kenyon-Noble building. The Commissioners indicated a
willingness to consider this request in conjunction with the formal application.
4. Encroachments into the setback along the south side of Mendenhall Street. The
Commissioners indicated general support for these proposed encroachments.
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5. Land exchange. The Commissioners identified some concerns and issues to be addressed,
including any financial impacts and the value of the parcels.
6. Ground level residential duplex in "B-3" zoning district. Mr. Clotfelter indicated the units
are to be at the moderate income level.
Planning Director Epple noted that under the zone code, apartments are allowed in the "B-3" zoning
district except on the ground level in the core of the downtown. This property is located outside the core
area; however, a duplex is smaller than the five-unit apartment complex allowed within the "B-3" zoning
district. He indicated that relaxation to allow a duplex could be accommodated through the PUD process
or possibly through the deviation process, but he does not believe it can be accomplished through the
master site plan review process.
Responding to Mayor Kirchhoff, the Planning Director confirmed there is other residential
development along Lamme Street. The key to adding residential development is that it be at density.
The Commissioners recognized that the zone code encourages residential density in the downtown
area. They also recognized that the lot may not be large enough to accommodate five units; and that
density may not be acceptable to the existing residential uses in the immediate area. As a result, they noted
that early dialogue with the area residents would be beneficial.
7. Relocate Straightaway Motors without a conditional use permit. Planning Director Epple
cautioned that this request may not be possible under the zone code. He suggested, however, that a
conditional use permit request could be embedded in the master site plan and be considered without
affecting the timeline. He stressed that conditional use permits run with the land and cannot be moved from
one piece of land to another.
Mr. Clotfelter noted that the relocation of this business is a key component of the project, so
response to this question is important.
The Commissioners responded they are generally open to the concept but recognize the relocation
must go through the public review process.
8. Pedestrian sky bridge over Mendenhall Street. Mayor Kirchhoff noted he has had little
exposure to pedestrian sky bridges, but has heard they can have a negative impact on pedestrian activity
at the street level.
Mr. Dick Clotfelter responded that Minneapolis had many sky bridges and, since one could move
for several blocks without going to street level, it did hurt the street level when they were initially opened.
Also, he noted that Houston 'implemented an underground pedestrian system that covered several blocks
and it, too, had an effect on the ground level activity. In this instance, he stressed that it would be a single
pedestrian crossing that provides convenience for those traveling from the parking structure to the
convention center, hotel and office complex and would not impact the street level.
Commissioner Brown stated that, at one time, he thought there was merit to building a large parking
structure, but experience in Missoula suggests that smaller parking structures are preferable. As a result,
he indicated his support for constructing.a parking structure on the land owned by the City, but not for
acquiring additional property. He also noted that when a parking structure was initially discussed, it was to
be constructed without the City contributing directly; and that has changed. He feels it would be
inappropriate for the City to contribute a large amount of money for the parking structure, particularly when
Bozeman residents are not geared to using a structure.
Mr. Clotfelter responded that the costs are greater and efficiency poorer when smaller parking
structures are developed. He then indicated that, when he began looking at this project, he was told the
City had an $8 million capacity for revenue bonds and it is now projected that only $3 million in revenue
bonds would be needed for the parking garage to be successfully constructed.
Commissioner Hietala commented that he feels this project is a great concept; his interest is
ensuring a full partnership so the City doesn't get stuck with a parking garage and no further development.
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Mayor Kirchhoff characterized himself as an "unabashed supporter" of the concept, noting the public
process will help to identify issues that need to be addressed. At this time, he feels the project will help to
bring continued viability and economic activity to the downtown and enhance the cultural fabric of the
community.
Mayor Kirchhoff concluded the review by thanking Mr. Clotfelter for the opportunity to review this
proposed project.
Recess - 6:10 p.m.
Mayor Kirchhoff recessed the meeting at 6:10 p.m., to reconvene at 7:00 p.m. for the purpose of
conducting the scheduled public hearings and completing the routine business items.
Reconvene - 7:00 p.m.
Mayor Kirchhoff reconvened the meeting at 7:00 pm.
Exit conference - Comprehensive Annual Financial Report (CAFR) for Fiscal Year 2002-2003
Included in the Commissioners' packets was a copy of the Comprehensive Annual Financial Report
(CAFR) for Fiscal Year 2002-2003.
Ms. Glover, audit manager, presented an overview of the audit report for Fiscal Year 2002-2003,
as completed by Junkermier, Clark, Campanella, and Stevens, P.C. She noted the Audit Committee
reviewed this report this afternoon. The City has received the Certificate of Achievement for Excellence in
Financial Reporting 19 years in a row. She referred to the audit opinion letter, which states these financials
are free of misstatement and are in accordance with generally accepted auditing standards. The auditors
found no qualifications or limitations to the scope of the audit; this is a clean report. Ms. Glover called the
Commission's attention to the section written by the Finance Department, which is written for those who
aren't trained to read the entire report. It is written in narrative and includes a tabular format. It is concise
and compares Fiscal Year 2003 with Fiscal Year 2002. Section 4 reports on the City's compliance with laws
and regulations, and there were no instances of non-compliance found. The City's internal control
mechanisms were also audited and no weaknesses were found.
Commissioner Hietala told Administrative Services Director Gamradt he would like to see a
summary of depreciation. He then asked if the unrestricted net assets of $24.4 million shown in Table 1
includes impact fees. Administrative Services Director Gamradt noted it does include street and fire impact
fees, but not water or wastewater impact fees.
Commissioner Hietala then referred to Table 3 which shows public service net cost of services to
taxpayers has increased from $.7 million in 2002 to $2.6 million in 2003. He asked if this is a permanent
increase. Administrative Services Director Gamradt replied impact fee revenues were included under Public
Service last year, while this year they are included in other categories.
City Manager Johnson noted Table 2 shows the changes in net assets of the City and asked if it is
the Administrative Services Director's opinion that it doesn't accurately reflect the net assets because of the
change in accounting procedures. Administrative Services Director Gamradt responded it is because of the
phased implementation of Governmental Accounting Standards Board Statement 34 (GASB34). The City
is not set to fully implement it until 2007, and during that time there will be various changes seen in the
financial reports. The thrust of GASB34 is to evaluate the overall financial health of the City and what it
does over time. The Administrative Services Director stated previous requirements ignored if a community
was disregarding all its fixed assets as opposed to adding to them or improving them. The tables on page
11-6 of the CAFR show that, based on what the City has implemented, its total assets have increased from
2002 to 2003. Currently the City's assets are increasing at a rapid pace, which is opposite of years ago
when they were declining. There will be additional phased-in implementation of this, but currently streets
and stoplights are not included.
City Manager Johnson then asked if, for example, streets are not included in this year's report, but
they are in next year's, causing the numbers to change astronomically, how will the report account for that
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large increase in assets. The Administrative Services Director responded when assets are added, both
years' numbers are changed so they reflect that change accurately.
It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the Commission
accept the Comprehensive Annual Financial Report (CAFR) for Fiscal Year 2002-2003 as presented. The
motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala,
Commissioner Brown, Commissioner Cetraro, Commissioner Youngman, and Mayor Kirchhoff. Those
voting No, none,
Public hearina - reauest for modification of Condition No. 21 for approval of Conditional Use Permit-
Ellerbe-Becket Construction Services for Bozeman Deaconess Health Services - allow construction
of fourth and fifth floors on previouslv approved Medical Office Buildina No. IV on property
described as COS No. M-116 (915 Hiahland Boulevard) (Z-02227)
This was the time and place set for the public hearing on the request for modification of Condition
No. 21 for approval of Conditional Use Permit, as requested by Ellerbe-Becket Construction Services for
Bozeman Deaconess Health Services under Application No. Z-02227, to allow construction of the fourth and
fifth floors on previously approved Medical Office Building No. IV on property described as COS No. M-116.
The subject property is located at 915 Highland Boulevard.
Mayor Kirchhoff opened the public hearing.
Mayor Kirchhoff reviewed the history of this project and Condition 21 , which would create gUidelines
for future development of Bozeman Deaconess Health Services property.
Associate Planner Morris presented the staff report. She noted that on August 25, 2003, the
amending of Condition 21 was scheduled to come before the Commission. At the last minute, Bozeman
Deaconess Hospital representatives requested that it be continued to give the hospital an opportunity to
meet with the Recreation and Parks Advisory Board in an effort to develop mutually agreeable modifications
to Condition 21. On October 8, 2003 a meeting facilitated by the Community Medication Center was held,
but the two groups were unable to agree on a condition that was acceptable to both parties. Since that time,
the facilitator has been trying to come up with condition language that is agreeable to both parties.
Associate Planner Morris noted the Commission has several options to consider including the draft from
Bozeman Deaconess Hospital, the draft prepared by the Recreation and Parks Advisory Board, the
conditions listed in the staff report from August, or any combination thereof.
Mayor Kirchhoff asked for an explanation of the differences between the Hospital's most recent draft
of Condition 21 and the Recreation and Parks Advisory Board's draft. Associate Planner Morris said she
felt it was best to leave that up to the Hospital and Recreation and Parks Advisory Board representatives.
John Kauffman, representing Bozeman Deaconess Hospital in this matter, stated the Mayor has
identified their hope of what will happen. He then distributed a new version of Condition 21, as drafted by
Hospital representatives. He, too, reviewed the history of Condition 21, noting it has been difficult to meet
with the Recreation and Parks Advisory Board again. He stated he would like the Commission to appreciate
the fact that it is a benefit to meet with groups the City has identified, like the Recreation and Parks Advisory
Board, to head off issues such as this ahead of time. Mr. Kauffman continued by saying that from a
constitutional standpoint, conditions have to be in rough proportion to the initial request, and he believes
the new condition just distributed addresses that. Hospital representatives believe the version submitted
by the Recreation and Parks Advisory Board requires the Commission to approve something that would
force the Hospital to come before the Commission every time they propose development of their property.
However, master planning is very difficult for private entities, particularly the hospital since the medical
industry is very fluid and constantly changing. The ability to act quickly is essential to the Hospital and is
a function of their funding because if a donor approaches the Hospital and says they will donate money if
a speciality unit is built, the Hospital must be able to act quickly to get the donor's money and the bonding.
Mr. Kauffman noted the Recreation and Parks Advisory Board seems mostly concerned with protecting the
viewsheds and trail corridors. These can be addressed when the hospital comes forward with other building
plans. The Hospital is willing to talk to Recreation and Parks Advisory Board members and others interested
in Burke Park and other parks, and they will try to incorporate those concerns into their plans. The Hospital
doesn't want the Commission to add another layer of governmental oversight that only they have to conform
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to. Mr. Kauffman said he wants the Commission to appreciate the distinction between the Hospital and
developers; the Hospital doesn't know exactly what they plan to do in the future.
Commissioner Youngman responded the Commission understands the Hospital cannot always
define what they want and asked if they would be agreeable to the development of standards that will
protect the parks and trails the community is concerned about. The Hospital would only need to define
what kinds of development would properly protect the parks and trails.
Mr. Kauffman stated this area is currently subject to City zoning, and those standards would create
spot zoning of this area.
Commissioner Youngman noted the concessions made to the hospital are beyond what the City has
ever allowed before. The reason for the extra standards was the Aspen Pointe project that came before
the Commission too late. The point is to create a dialog between the Hospital, the Recreation and Parks
Advisory Board, and the City to insure the agreed upon standards are met because the Commission doesn't
want the hospital to spend a lot of money on something the City and Commission isn't happy with.
Commissioner Youngman admonished the Hospital to do something really special with this gigantic piece
of property that is surrounded by more parks than any other property in the city. She noted the goal of the
standards is to avoid setting up another condition where the community is in conflict with the hospital and
to make this process work for everybody.
Mr. Kauffman agreed to talk to the Hospital committee regarding standards.
Kate Gardner, 1215 South Grand, said she was authorized to speak for the Recreation and Parks
Advisory Board at large. She read a statement prepared by Sandy Dodge, Chair of Recreation and Parks
Advisory Board, into the public record. Mr. Dodge wrote that when the Recreation and Parks Advisory
Board entered into negotiations with the Hospital, their understanding was the goal of Condition 21 was to
develop a master plan that would create gUidelines for future development of Bozeman Deaconess Hospital.
However, the Hospital has shown much resistance to the idea of a master plan. They fear they could be
tied to planning that changing circumstances would render useless, and they would have to go through this
process every time they come up with a new idea. The Recreation and Parks Advisory Board suggests
rather than planning where every building will go in the future, the master plan should set limits on the
impacts any new buildings can put 0 n p arks, v iewsheds, skyline, and p ark access. T he Hospital is
concerned that trying to create a master plan in an advertised public meeting would be unreasonably
grueling. The Recreation and Parks Advisory Board agrees and proposes a pUblic meeting be held with all
interested user groups out of which a small working committee, the Land Use Group, will be formed. After
meeting with this Group, the Hospital can then draw up a plan that would be subject to review and comment
by the Recreation and Parks Advisory Board before submission to the Planning Office and City Commission.
Mr. Dodge continued bywriting that Hospital's counsel has argued Condition 21 should protect and enhance
Bozeman Deaconess Hospital's land and its right to develop that land freely, and that development should
take place in a way that protects and enhances the quality of Burke Park and other nearby parks. In other
words, Condition 21 should "balance" the needs of the hospital with the needs of parks and their users.
However, the Recreation and Parks Advisory Board believes Condition 21 creates a balance with
concessions the Hospital has already received or will be receiving in the future. Conditions included in
Conditional Use Permits are aimed at protecting the neighborhood, not the developer; and therefore, the
language of Condition 21 should focus on protecting parks.
Brian Close, 406 East Olive, stated he has looked at Mr. Kauffman's proposed language, and it is
really only a promise to go to meetings. It appears they feel if they go to a 5-minute meeting, they have
fulfilled the condition. He believes the Commission should expect more from Bozeman Deaconess Health
Services.
Mary Vant Hull, 416 East Story Street, said she was speaking as a member of the Friends of Burke
Park. She stated that since 1980 the Commission has been primarily interested in the health, safety, and
welfare of this community, including parks and the library; and she urged the Commission to continue in that
tradition tonight. She asked the Commission to vote for Condition 21 as drafted by the Recreation and Parks
Advisory Board because it is the best way to help Bozeman Deaconess Health Services to really do their
part to enhance the welfare of the community and the parks. Ms. VantHull characterized some of the
Hospital's fears as groundless, noting the Hospital will find that if the Commission adopts the stronger
language, it will make their planning easier and no one will have a terrible surprise like Aspen Pointe.
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Gretchen Rupp, 221 Lindley Place, stated her fundamental concern is that Burke Park is a special
place in Bozeman because of the views. The park could "suffer death from a 1,000 cuts" if the viewsheds
to the east aren't preserved. She asked the Commission to set very high standards for the preservation of
the viewshed from Burke Park.
Janice Benham, 1421 Ash Drive, said she was here to support the Burke Park supporters, and she
characterized Burke Park as a special place that enhances the value of this community for everybody.
Tad Weaver, 824 O'Connell Drive, noted Burke Park is a beautiful small, native park in the center
of town with great views, and there needs to be a strong Condition 21 to protect that asset.
Vickie Whitney, 245 Dulchery Lane, said the Bozeman Deaconess Health Services proposed
condition is meaningless and nothing would be required of them except to show up at a meeting. The
Recreation and Parks Advisory Board's Condition 21 is going to accomplish something that won't happen
if the Hospital is granted their way. Ms. Whitney stated she is insulted, as a citizen, by what the hospital
is trying to do.
Charlotte Trolinger, 530 North Montana Avenue, said Burke Park is a sanity spot in the heart of the
city. She asked the Commissioners to take care of it and protect it.
Nancy Chandler, 418 West Harrison Street, stated she has enjoyed walking in Burke Park for 43
years; and she hopes her grandchildren can do the same and will be healthier because of it. She strongly
supports everything that has been said by park supporters tonight.
Stephanie Newman, 522 North 5th Avenue, stated her daughter was ill and hospitalized for a very
long time, with no insurance. If she is nearly sane today, it's because of Peets Hill where she walked and
enjoyed the beauty and tranquility. She is grateful there was a park to go to, and she supports the
protection of the park.
Marian Steffes, 1 08 East Lamme Street, and friend of Burke Park, said she uses the park almost
every day. She hopes Bozeman Deaconess Health Services will consider the community and start listening
to the community and the Recreation and Parks Advisory Board. She asked the Commission to support
the Recreation and Parks Advisory Board's draft of Condition 21.
John Harper, 733 North Aster Avenue, reminded the Commissioners of the history of Condition 21,
noting there were a number of people who testified at the December 2, 2002 meeting regarding the
protection of Burke Park. Condition 21 was approved over a year ago, and it took six months for the
hospital to meet with anyone outlined in that condition. He characterized that as a remarkable lack of effort
by the hospital to resolve this issue.
Debra DeBode, 527 North Montana Avenue, stated the key here is respect. The community
respects the hospital and its needs, and the hospital needs to respect Burke Park and the needs of the
people of this community.
Katherine Ball, 323 South Wallace Avenue, and former member of the Zoning Commission, said
conditions are taken seriously; and they are put in place to protect the community and the neighbors. She
asked the Commission to please take this condition seriously because it is important to all of the community.
Planning Director Epple stated he wanted to set the record straight on one point. He said he
received a letter from the CEO of Bozeman Deaconess Hospital on February 4, 2003 requesting a facilitated
meeting to start implementing Condition 21. The Planning Director said he wanted to clarify the point
because he doesn't want anyone to be left with the idea the Hospital didn't get the process rolling. Planning
staff offered and the Hospital accepted the offer for staff to write a clarifying memo, which was done. A
meeting was held regarding that memo and the Hospital made the decision to formally modify Condition 21.
Mr. Kauffman said the Hospital has been trying to meet with the other parties; there has been a
diligent effort on their part, but the dynamics are difficult for meeting together. He stated there is an effort
to make it appear the Hospital wants to control this. However, the Hospital has always wanted to meet with
the Commissioners, and they think Burke Park is a wonderful resource, as well. This property is owned by
a private entity, and they don't want to be singled out from other large landowners in the area. Condition
21, particularly regarding the fitting out of the fourth and fifth floors, needs to be worked out soon; and the
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Hospital would like to meet soon. Mr. Kauffman stated the Hospital's long view of this process is they don't
think of this as a one-time deal, and they don't want to keep bringing this back to the Commission. They,
too, believe Burke Park is a jewel. The Hospital respectfully requests the Commission take the short version
drafted by the Hospital and tweak it until it satisfies all parties.
Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing.
Mayor Kirchhoff stated it is the Commission's job to a find way that is mutually satisfactory to protect
and not degrade this area, and the Hospital is represented here in coordination of that effort. The Hospital
needs guidelines, outlining concrete, specific actions to be taken to satisfy this condition.
Commissioner Youngman asked staff for suggestions of wording that would make the Commission's
direction clear and protect public lands, but wouldn't bind the hospital to specific uses. She suggested the
phrase "conceptual master plan", which the Hospital finds onerous, could be replaced with the word
"standards" . Planning Director Epple replied that at the facilitated meeting, it was discussed "conceptual
master plan" could consist of minimal development guidelines, like building height and topography, but no
concrete plans. "Development guidelines" is a phrase Planning staff works with fairly regularly and is well
understood.
Mayor Kirchhoff noted Mr. Kauffman stated the condition needs to be constructively proportionate,
but no one is talking about holding the hospital to a higher standard, just gUidelines that will uphold accepted
standards. The corridors, trail network, and viewsheds need to be protected, and Burke Park needs to be
protected for the enjoyment of the community. The Mayor stated there isn't a lot of room for ambiguity; the
condition needs to be concrete and address the stated concerns.
Commissioner Youngman stated the short version, distributed during the meeting, proposed by the
Hospital does not meet the original intention of Condition 21 at all. She suggested changes to Condition
21 as drafted by the Recreation and Parks Advisory Board to include things that are important to the
Hospital. B y incorporating these proposed changes, it makes Condition 2 1 consistent with previous
Commission direction. The majority of the Commissioners supported the changes suggested by
Commissioner Youngman.
Break 8:10 Dm to 8:25 Dm
Mayor Kirchhoff declared a break from 8:10pm to 8:25 pm to allow Mr. Kauffman, representing
Bozeman Deaconess Health Services, an opportunity to review the suggested changes to the Recreation
and Parks Advisory Board's draft of Condition 21 as submitted by Commissioner Youngman.
Public hearina . reauest for modification of Condition No. 21 for aDDroval of Conditional Use Permit.
Ellerbe.Becket Construction Services for Bozeman Deaconess Health Services. allow construction
of fourth and fifth floors on Dreviouslv aDDroved Medical Office Buildina No. IV on DroDertv
described as COS No. M.116 (915 Hiahland Boulevard) (Z.02227)
Mr. Kauffman stated he will request the Commission table this request for modification of Condition
21 because he needs to take the proposed condition to the Hospital Board, noting he cannot commit to
anything without the Board's approval. The major concern of the Hospital Board is that they are giving up
their rights to elected officials who are creating a new entity to prohibit their access. The hospital is being
asked to zone its own property in a way that no other entity is asked to, and there is no safety valve for the
hospital. Mr. Kauffman continued by saying these conditions are something the Hospital has wanted for
a long time, but they need a safety valve in case an agreement either can't be reached or it can't be reached
in a timely manner. The language in the seventh sentence of the Recreation and Parks Advisory Board's
draft Condition 21, combined with substituting the word "guideline" for "plan" in that sentence, creates
uncertainty for the Hospital because they don't know exactly what the City wants. There needs to be more
clarity as to the topics of guidelines. If the intent of this is to meet and create a long-term vision for hospital
property, they can't do that. Mr. Kauffman again requested the Commission table this request for
modification of Condition 21.
12-15-03
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Commissioner Youngman responded the process described for the hospital is exactly what every
other developer is asked to do. The Recreation and Parks Advisory Board hasn't met with the Hospital
Board because it is not their purpose to write the language of conditions. They are designed to advise the
Commission and ensure the terms of conditions have been fulfilled. Commissioner Youngman noted timing
hasn't been a problem for other developers, and the Hospital Board doesn't need to be alarmed by the
process because it has worked well for hundreds of developers in the past.
Mayor Kirchhoff agreed this process isn't any different from what any other developer is asked to
do, and he asked Mr. Kauffman to please pass that information along to the Hospital Board. The
Commission is only asking Bozeman Deaconess Health Services to comply with Condition 21 because the
hospital is enjoying the benefits of the Conditional Use Permit that this condition is a part of. Mayor
Kirchhoff pointed out Condition 21 was agreed to by Bozeman Deaconess Hospital representatives in this
Commission Room one year ago, and he believes they are empowered to agree to it now. He also believes
the Commissioners should be able to approve this condition tonight if they so desire. Mayor Kirchhoff
informed Mr. Kauffman there is nothing in Condition 21 that gives the Recreation and Parks Advisory Board
any special powers; it is the standard process followed by other developers.
Mr. Kauffman then reiterated he cannot commit to anything at this time.
Commissioner Cetraro stated he can sympathize with the applicants.
Commissioner Youngman said the City has met the applicant more than half way on this project,
and the Recreation and Parks Advisory Board's draft Condition 21, with revisions, makes it a considerably
friendlier condition for the hospital than the Commission approved original condition. This version
covers the interests the Hospital Board is really concerned about, while still honoring the considerable public
concern voiced by the community. Commissioner Youngman stated if the Hospital Board would prefer, the
Commission can insist on compliance with Condition 21 as it was originally worded, which she would be
happy to go back to even though it is worse for the hospital. She said she does, however, prefer to retain
the condition currently before the Commission, which has been carefully worded to benefit all parties.
Commissioner Brown said he feels this revised condition is a compromise that shows the
Commission is in the middle on this issue. While he is not happy with all the wording, he can support it.
Commissioner Hietala indicated he is going to support the revised condition at this time.
It was moved by Commissioner Brown, seconded by Commissioner Youngman, that the request for
modification of Condition No. 21 for approval of Conditional Use Permit, as requested by Ellerbe-Becket
Construction Services for Bozeman Deaconess Health Services under Application No. Z-02227, to allow
construction of the fourth and fifth floors on previously approved Medical Office Building No. IV on property
described as cas No. M-116, be approved by amending the condition to read as follows:
21. Oefore any tenant fit out of the fourth al,d fifth floors, the Oozernar, Deacone88
Ilealth Services will partner with the rri!.11ds of Ourke rark and the City of Oozeman,
il,cluding the rlanning staff, City rlanning Ooard and the Reel eation and rark8
Advisory Ooard, to coordinate ma8ter planning for the protection and enhancement
of Ourke rark and future development of Oozeman Deacone8! Ilealth Cervice8
land, including coordinated expenditure of capital and human re8ource3. G aid
coordinated planning effort8, including il nplementation strategies, shall be 3ubject
to revievv and approval by the City Commission prior to development of any
3ub3equent phesc. of the Oozeman Deacone8s Ilealth Services property. Before
any tenant fit-out for the fourth and fifth floors of Bozeman Deaconess
Hospital, the Bozeman Deaconess Health Services will draft and submit to the
City Commission development guidelines for the development of Bozeman
Deaconess Health Services land west of Highland Boulevard (Tracts 1 and 2
of Certificate of Survey 2047 etc., to be known as the "Special Planning Area").
These guidelines shall be designed to protect adjacent public lands and trail
corridors. Bozeman Deaconess Health Services will include in the
development ofthese guidelines a facilitated consultation with representatives
of the Recreation and Parks Advisory Board, the City Planning Board,
Recreation and Parks Department staff, and Planning Department staff ("Land
Use Group"). The Recreation and Parks Advisory Board will seek input from
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the Friends of Burke Park, the Nordic skiing group, and other members of the
community and will represent their concerns to Bozeman Deaconess Health
Services and City representatives. The members ofthis "Land Use Group" will
engage in a good faith cooperative effort to identify ways to protect and
enhance the Greater Burke Park Area (including nearby parks such as
Josephine and Lindley) as laid out in the Burke Park Master Plan, balanced
with the right of Bozeman Deaconess Health Services to develop its land to
protect and enhance its services. Topics to be discussed will include, but are
not limited to, efforts to protect open space, trails, and parks in the area from
undue and unnecessary degradation due to overuse
or viewshed
encroachment. In addition to facilitated consultation, the Recreation and
Parks Advisory Board shall have the opportunity to review and comment on
the resulting plan before it is forwarded to the City Commission. Said
guidelines shall be reviewed and approved by the City Commission prior to
development of any subsequent phase of the Bozeman Deaconess Health
Services property. However, nothing contained in this condition shall in any
way limit any of the parties' rights to apply to the City Commission for any
relief allowed by the existing and applicable laws.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown,
Commissioner Youngman, Commissioner Hietala, Commissioner Cetraro, and Mayor Kirchhoff; those voting
No, none.
Public hearina ~ preliminary plat for Gallatin Center. Phase IV. Planned Unit Subdivision - subdivide
48.73:!: acres described as Lot 3. Minor Subdivision No. 210. into 9 commercial lots. with variance
from Section 16.14.170. to allow reduction in streambank setback from East Catron Creek ~ Allied
Enaineerina for Gallatin Center Limited Partnership and POB Montaomery (P-03038)
This was the time and place set for the public hearing on the preliminary plat for Gallatin Center,
Phase IV, Planned Unit Subdivision, as requested by Allied Engineering for Gallatin Center Limited
Partnership and POB Montgomery under Application No. P-03038, to subdivide 48. 73:!:: acres described as
Lot 3, Minor Subdivision No. 210, into 9 commercial lots, with a variance from Section 16.14.170 of the
Bozeman Municipal Code, to allow a reduction in streambank setback from East Catron Creek.
Mayor Kirchhoff opened the public hearing.
Included in the Commissioners' packets was a letter from Allied Engineering, dated December 9,
2003, requesting that this public hearing be continued to February 2, 2004.
It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that this public
hearing be continued to February 2, 2004, per the applicant's request. The motion carried by the following
Aye and No vote: those voting Aye being Commissioner Cetraro, Commissioner Youngman, Commissioner
Hietala, Commissioner Brown, and Mayor Kirchhoff; those voting No, none.
Public hearina - preliminary Dlat to subdivide 0.34 acre described as Lots 35 and 36. Vallev West
Subdivision. into three residential lots - Morrison-Maierle. Inc.. for Alpine Homes Construction. Inc.
(northeast of intersection of West Babcock Street and Stafford Avenue) (P-03037)
This was the time and place set for the public hearing on the preliminary plat requested by Morrison-
Maierle, Inc., for Alpine Homes Construction, Inc., under Application No. P-03037, to subdivide an 0.34 acre
described as Lots 35 and 36, Valley West Subdivision, into three residential lots. The subject property is
located at the northeast of intersection of West Babcock Street and Stafford Avenue.
Mayor Kirchhoff opened the public hearing.
Assistant Planner Kozub presented the staff report. She noted staff has reviewed this application
in light of the applicable criteria and recommends conditional approval. Staff's comprehensive findings can
be found in the staff report. This application would allow the division of two residential lots in phase one of
the Valley West Subdivision into three residential lots. The property is zoned R-3.
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No public comment or agency comment has been received.
Greg Stratton, Morrison-Maierle, Inc., and representing Alpine Homes Construction, reviewed the
history of this project. The original plat showed two lots for multi-family or single family units. Mr. Tribitt,
Alpine Homes Construction, then came forward with a proposal for three lots. This proposal went before
the Valley West Architectural Review Committee and received a favorable response. Water services will
need to be added to lot 35A and sewer service will be required to lot 36B.
Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing.
It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the preliminary
plat requested by Morrison-Maierle, Inc., for Alpine Homes Construction, Inc., under Application No.
P-03037, to subdivide an 0.34 acre described as Lots 35 and 36, Valley West Subdivision, into three
residential lots be approved subject to the following conditions:
1. All references to setbacks shall be removed from the final plat.
2. A building permit for two units on Lot 35A shall not be issued unless/until the City
Commission grants approval of additional PUD relaxations for lot width and lot area
for two units in the R-3 zoning district.
3. The final plat shall conform to all requirements of the Bozeman 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 two (2) signed reproducible copies on a stable base polyester film (or
equivalent); two (2) digital copies on a double-sided, high density 3'Y:z-inch floppy
disk or compact disk; and five (5) paper prints.
4. 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.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman,
Commissioner Hietala, Commissioner Brown, Commissioner Cetraro, and Mayor Kirchhoff. Those voting
No, none.
Public hearina - preliminary plat for Valley West Subdivision. Phase liB. Planned Unit Development-
subdivide 28.62 acres described as portions of Tracts 1 and 2. Block 1. and portions of Tracts 2. 3
and 4. Block 2. Valley West Subdivision. into 51 residential lots. 4 open space lots. 1 public park and
4 remainder lots - Pruah & lenon and Morrison-Maierle for Valley West llC. with relaxations from
Section 16.14.030.D.1.. to allow homes on corner lots to have different orientations than lots on
interior: from Section 16.14.030.F .. to allow lots to have averaae depths areater than three times their
averaae widths: from Section 16.14.030.H.. to allow lots to have frontaae on common open area
instead of public street: from Section 16.14.040.8.. to allow block lenath to be areater than 400 feet:
from Section 16.14.040.C.. to allow block width to exceed 400 feet: and from Section 16.14.040.D..
to allow continuous lenath of block to exceed 400 feet without intersection with another street or
pedestrian walk lP-03036)
This was the time and place set for the public hearing on the preliminary plat for Valley West
Subdivision, Phase liB, Planned Unit Development, as requested by Prugh & Lenon and Morrison-Maierle
for Valley West LLC under Application No. P-03036, to subdivide 28.62 acres described as portions of
Tracts 1 and 2, Block 1, and portions of Tracts 2, 3 and 4, Block 2, Valley West Subdivision, into 51
residential lots, 4 open space lots, 1 public park and 4 remainder lots, with the following relaxations from
the Bozeman Municipal Code: from Section 16.14.030.0.1., to allow homes on corner lots to have different
orientations than lots on interior; from Section 16.14.030.F., to allow lots to have average depths greater
than three times their average widths; from Section 16.14.030.H., to allow lots to have frontage on a
common open area instead of a public street; from Section 16.14.040.B., to allow block lengths to be greater
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than 400 feet; from Section 16.14.040.C., to allow block widths to exceed 400 feet; and from Section
16.14.040.0., to allow the continuous length of a block to exceed 400 feet without intersection with another
street or pedestrian walk.
Mayor Kirchhoff opened the public hearing.
Assistant Planner Kozub presented the staff report and reviewed the project as proposed. Staff has
reviewed this application in light of the established criteria and recommends conditional approval. Staff's
comprehensive findings are found in the staff report. The applicant is requesting six relaxations from
subdivision regulations. Planning Board has reviewed this application and has given their approval of this
application, with conditions as proposed by staff. The Assistant Planner noted the conditions are the
standard ones, but additional information is required on Condition 1, regarding storm water runoff not flowing
into Meyers Lake.
No public comment has been received by Planning staff.
Greg Stratton, Morrison-Maierle Engineering, stated this application is for Phase 2 of Valley West
Planned Unit Development, which was approved in January, 2002. Phase 1 of the development is oriented
along Babcock Street and created 73 lots. Phase 2 is a continuation of that development to the north and
will create 51 residential lots. Mr. Stratton noted one of the brighter spots of this subdivision is its open
space and park improvements, including the construction of Meyers Lake and additional amenities around
it.
No public comment was received.
Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing.
It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the preliminary plat
for Valley West Subdivision, Phase liB, Planned Unit Development, as requested by Prugh & Lenon and
Morrison-Maierle for Valley West LLC under Application No. P-03036, to subdivide 28.62 acres described
as portions of Tracts 1 and 2, Block 1, and portions of Tracts 2, 3 and 4, Block 2, Valley West Subdivision,
into 51 residential lots, 4 open space lots, 1 public park and 4 remainder lots, with the following relaxations
from the Bozeman Municipal Code: from Section 16.14.030.0.1., to allow homes on corner lots to have
different orientations than lots on interior; from Section 16.14.030.F., to allow lots to have average depths
greater than three times their average widths; from Section 16.14.030.H., to allow lots to have frontage on
a common open area instead of a public street; from Section 16.14.040.8., to allow block lengths to be
greater than 400 feet; from Section 16.14.040.C., to allow block widths to exceed 400 feet; and from Section
16.14.040.0., to allow the continuous length of a block to exceed 400 feet without intersection with another
street or pedestrian walk, be approved subject to the following conditions:
1. Prior to final plat approval, the applicants shall provide additional information
including a narrative and a graphic representation to demonstrate that stormwater
runoff does not flow directly into the lake.
2. The final plat shall not include any references to setbacks.
3. Section 16.14.11 O.A "City of Bozeman Rights-of-Way," states that the subdivider
shall be responsible for installing sod, boulevard trees, and an irrigation system in
the public right-of-way boulevard strips along all external subdivision streets and
directly adjacent to subdivision parks or other open space areas. Boulevard trees
along privately owned lots may be installed with individual building permits.
4. The subdivider shall provide irrigation system as-builts, for all irrigation installed in
public rights-of-way and/or land used to meet parkland dedication requirements. The
as-builts shall include the exact locations and type of lines, including accurate depth,
water source, heads, electric valves, quick couplers, drains and control box as
outlined in Section 16.08.090 "Irrigation System As-Builts."
5. The dedicated parkland shall be identified as "Public Park" on the final plat and the
common open space access strips and pocket parks shall be overlaid with a public
access easement. Provisions within the covenants shall provide for the care and
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maintenance of these areas, which will ensure usability for the homeowners and
general public.
6. The developer shall submit a formal development plan signed by a certified
landscape architect for the design of all dedicated parklands within said subdivision
for review and approval by the Superintendent of Facilities and Public Lands, and
the City of Bozeman Recreation and Parks Advisory Board. Per Section 16.08.080
"Final Park Plan", a final park plan shall be submitted to the City of Bozeman for
review and approval prior to the installation of any park improvements. The park
plan shall address all of the items listed in Section 16.08.050.P for the dedicated
parkland, open space areas and trail amenities. The implementation plan for the
maintenance and upkeep of the park lands and trails shall be noted accordingly in
the protective covenants and restrictions of the property owners' association
documents, for review and approval prior to final plat approval.
7. Prior to filing the final plat, the applicant shall reconfirm or verify with the County GIS
Department, County Road and Bridge Department, and City Engineer that all
proposed names are acceptable in order to avoid duplication of names countywide,
which may occur between preliminary approval of subdivision phase and filing of
final plat.
8. A declaration of the most recent covenants, with the corrections outlined by Staff,
for Valley West Planned Unit Development must be included and recorded with the
final plat for Phase 2. The City of Bozeman shall be party to any changes or
modifications made to the restrictive covenants and architectural guidelines as they
relate to any zoning and/or planning bylaws.
9. Water rights, or cash-in-lieu thereof, shall be provided and paid for prior to final plat
approval. If the final plat of the subdivision is filed in phases, water rights will only
be required for each phase as the final plat for that phase is filed. The amount of
water rights required will be determined by the Director of Public Service based on
the proposed final plat( s).
10. Prior to final plat approval, a Memorandum of Understanding shall be entered into
by the Weed Control District and the subdivider for the control of County-declared
noxious weeds and a copy provided to the Planning Department.
11. The final plat shall conform to all requirements of the Bozeman 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 two (2) signed reproducible copies on a stable base polyester film (or
equivalent); two (2) digital copies on a double-sided, high density 31f2-inch floppy
disk or compact disk; and five (5) paper prints.
12. 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.
13. If it is the subdivider'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
of Bozeman with an acceptable method of security equal to 150 percent of the cost
of the remaining improvements.
14. Storm water Master Plan:
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A Stormwater Master Plan for the subdivision for a system designed to remove
solids, silt, oils, grease, and other pollutants from the runoff from the private and
public streets and all lots has been provided to the City Engineer.
The applicant is advised that although the general storm drainage and grading
concept has been reviewed, the submitted data will be subject to further review as
part of the infrastructure plan and specification review process.
15. Stormwater generated by the proposed subdivision which discharges to any privately
owned ditch must have the written permission of the ditch owner.
16. The final plat must account for the ditch and the utility/drainage ditch easement
along Ferguson Avenue.
17. The developer's engineer has provided a comprehensive design report evaluating
existing capacity of water and sewer utilities for the entire Valley West PUD.
Detailed review and approval of the design report will be required as part of the
infrastructure plan and specification review and approval process.
18. The location of and distinction between existing and proposed sewer and water
mains and all easements shall be clearly and accurately depicted on the plans and
specifications, as well as all nearby fire hydrants and proposed fire hydrants.
19. Any easements needed for the water and sewer main extensions shall be a
minimum of 30 feet in width. While the final location of the water and sewer mains
will be determined once the final street widths are approved, in no case shall the
utility be less than 10 feet from the edge of the easement. All necessary easements
shall be provided prior to final plat approval and shall be shown on the plat.
Wherever water and/or sewer mains are not located under or accessed from
improved streets, a 12-foot wide all weather access drive shall be constructed above
the utilities to provide necessary access.
20. Plans and Specifications for water and sewer main extensions, prepared and signed
by a Professional Engineer (PE) registered in the State of Montana shall be provided
to and approved by the City Engineer. Water and sewer plans shall also be
approved by the Montana Department of Environmental Quality. The applicant shall
also provide professional engineering services for construction inspection, post-
construction certification, and preparation of mylar record drawings. Construction
shall not be initiated on the public infrastructure improvements until the plans and
specifications have been approved and a preconstruction conference has been
conducted.
21. No building permits shall be issued prior to City acceptance of the required
infrastructure improvements.
22. Any street rights of way which are within the boundaries of this subdivision and for
which easements were provided with the Valley West Annexation Agreement shall
be dedicated to the City on the final plat for this subdivision.
23. A detailed traffic study report for the entire Valley West Development has been
provided to and reviewed by the City Engineer's office. While specific comments
regarding the analysis have been provided by the City Engineer to the developer's
engineer, City Engineering staff is comfortable that development of Phase 2 may
take place without adversely affecting the local street network. However,
considering the degree of development currently occurring along both the Babcock
Street and Durston Road corridors and given that the City is already actively
pursuing improvements to both of those roadways, it may be necessary to update
the traffic study as part of the preliminary plat submittal for each phase subsequent
to Phase 2. The need for any traffic impact analysis updates will be identified at the
time of pre-application plan submittal for each subsequent phase.
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24. Street names must be approved by the City Engineer and County Road Office.
25. The final plat shall contain a note prohibiting direct access from single family or
duplex lots to Ferguson Avenue.
26. City standard curb, gutter and sidewalk shall be provided along all streets in the
subdivision. Per Chapter 16.14.050 of the subdivision regulations, sidewalks will be
installed prior to occupancy of any individual lots.
27. The applicant is advised that the installation of any traffic calming devices such as
curb bulbs and traffic circles will be considered in detail and approved if appropriate
during the infrastructure plan and specification review process.
28. All typical street sections, including sidewalk location within the right-of-way and
provisions for bicyclists, shall be in conformance with the street standards
recommended in the Greater Bozeman Area Transportation Plan, 2001 Update,
unless otherwise approved by the City Commission, or by the City Engineer through
the plan and specification review and approval process.
29. Plans and specifications for streets and storm drainage facilities, prepared and
signed by a professional engineer (PE) registered in the State of Montana shall be
provided to and approved by the City Engineer. The applicant shall also provide
professional engineering services for construction inspection, post-construction
certification, and preparation of mylar record drawings. Construction shall not be
initiated on the public infrastructure improvements until the plans and specifications
have been approved and a preconstruction conference has been conducted.
No building permits shall be issued prior to City acceptance of the required
infrastructure improvements.
30. The location of mailboxes shall be coordinated with the City Engineering Department
prior to their installation.
31. The Montana Department of Fish, Wildlife and Parks, SCS, Montana Department
of Environmental Quality and Army Corps of Engineers shall be contacted regarding
the proposed project and any required permits (i.e., 310, 404, turbidity exemption,
etc.) shall be obtained prior to plan and specification approval.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala,
Commissioner Brown, Commissioner Cetraro, Commissioner Youngman, and Mayor Kirchhoff; those voting
No, none.
Public hearina - Conditional Use Permit for Vallev West Planned Unit Development - allow Valley
West covenants to include additional relaxations from the zone code as follows: from Section
18.20.020. to allow townhouse clusters of UP to 8 units and areater than 120 feet in lenath: from
Section 18.20.030. to allow minimum lot area for two units to be 5.000 sauare feet instead of 6.000
sauare feet. and lot width to be 50 feet instead of 60 feet: from Section 18.20.050 and 18.16.050. to
allow rear yard setbacks to be reduced from 20 feet to 10 feet for attached or detached aaraae havina
access from an alley: from Section 18.50.060.A.1.. to allow bay windows with foundations to
encroach UP to 2 feet into reauired setbacks: and from Section 18.50.060.A.4.. to allow front porches
and intearated facades that OCCUpy more than one-third the lenath of the buildina wall to encroach
UP to 5 feet into a reauired setback - Pruah & Lenon for Valley West LLC for Tract 1. COS No.1 005B:
Tract 2A. COS NO.1 005C: Tracts 1. 2 and 3. Block 1: Tracts 1. 2. 3 and 4. Block 2: and Tracts 1. 2 and
3. Block 3: and all Phases 1A and 1 B of the Valley West Subdivision (Z-03290)
This was the time and place set for the public hearing on the Conditional Use Permit for Valley West
Planned Unit Development, as requested by Prugh & Lenon for Valley West LLC, under Application No.
Z-03290, to allow Valley West covenants to include additional relaxations from the zone code as follows:
from Section 18.20.020, to allow townhouse clusters of up to 8 units and greater than 120 feet in length;
from Section 18.20.030, to allow the minimum lot area for two units to be 5,000 square feet instead of the
12-15-03
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required 6,000 square feet, and the lot width to be 50 feet instead of the required 60 feet; from Sections
18.20.050 and 18.16.050, to allow rear yard setbacks to be reduced from 20 feet to 10 feet for attached or
detached garages having access from an alley; from Section 18.50.060.A.1., to allow bay windows with
foundations to encroach up to 2 feet into the required setbacks; and from Section 18.50.060.A.4., to allow
front porches and integrated facades that occupy more than one-third the length of the building wall to
encroach up to 5 feet into a required setback. The subject property is described as Tract 1, cas No.
1005B; Tract 2A, cas NO.1 005C; Tracts 1, 2 and 3, Block 1; Tracts 1, 2, 3 and 4, Block 2; and Tracts 1,
2 and 3, Block 3; and all Phases 1A and 1 B of the Valley West Subdivision.
Mayor Kirchhoff opened the public hearing.
Assistant Planner Kozub presented the staff report. She noted this property has a mix of zoning
designations, including R-2, R-3, R-MH, and B-1. This Conditional Use Permit is to amend the Valley West
Planned Unit Development covenants, and those requested changes are outlined in the staff report. Staff
has reviewed this application in light of the applicable criteria, and their findings are found in the staff report.
Staff does recommend approval, and the original 60 conditions still apply to the Valley West Planned Unit
Development. This will allow the developers to try to mirror the older neighborhoods of town, with their
smaller lots, alleys, and yard encroachments.
Staff has received one letter in opposition to the proposed relaxations, and it is included in the
Commission packets.
Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing.
It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the Conditional
Use Permit for Valley West Planned Unit Development, as requested by Prugh & Lenon for Valley West
LLC, under Application No. Z-03290, to allow Valley West covenants to include additional relaxations from
the zone code as follows: from Section 18.20.020, to allow townhouse clusters of up to 8 units and greater
than 120 feet in length; from Section 18.20.030, to allow the minimum lot area for two units to be 5,000
square feet instead of the required 6,000 square feet, and the lot width to be 50 feet instead of the required
60 feet; from Sections 18.20.050 and 18.16.050, to allow rear yard setbacks to be reduced from 20 feet to
10 feet for attached or detached garages having access from an alley; from Section 18.50.060.A.1., to allow
bay windows with foundations to encroach up to 2 feet into the required setbacks; and from Section
18.50.060.A.4., to allow front porches and integrated facades that occupy more than one-third the length
of the building wall to encroach up to 5 feet into a required setback. The subject property is described as
Tract 1, cas NO.1 005B; Tract 2A, cas NO.1 005C; Tracts 1, 2 and 3, Block 1; Tracts 1, 2, 3 and 4, Block
2; and Tracts 1, 2 and 3, Block 3; and all Phases 1 A and 1 B of the Valley West Subdivision, be approved.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown,
Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala, and Mayor Kirchhoff. Those
voting No, none.
Maior Site Plan - allow construction of 166 duplex condominium units on 31 acres described as Lot
2. SDrina Creek Villaae Resort and Tract A. COS No. 1872. Delanev & WBW Annexation - Cikan
Architects for Ken LeClair and Delanev & Company (bounded bv West Babcock Street. Fallon Street.
Resort Drive and Ferauson Avenue) (Z-03255)
This was the time and place set for the public hearing on the Major Site Plan requested by Cikan
Architects for Ken LeClair and Delaney & Company under Application No. Z-03255, to allow the construction
of 166 duplex condominium units on 31 acres described as Lot 2, Spring Creek Village Resort, and Tract
A, cas No. 1872, Delaney & WBW Annexation. The subject property is generally bounded by West
Babcock Street, Fallon Street, Resort Drive and Ferguson Avenue.
Associate Planner Morris reviewed this proposal, noting there were originally 168 units, but four
buildings have been deleted to increase parkland dedication. In response to previous Commission
comments, a modified plan has been developed and is included in the Commission packets. Staff agrees
with the installation of an asphalt trail in lieu of sidewalks, except for Babcock Street and Ravalli Street. The
asphalt trail from Fallon Street will be installed with improvements to the Ridge Athletic Club.
Associate Planner Morris noted the applicant had previously requested amendments to Condition
4, regarding improvements to the park, Condition 29, regarding installation of sidewalks, and Condition 44,
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regarding signage. If the Commission is going to approve something other than the standard sidewalk
installation as in Condition 29, this condition should be amended to reflect that by adding "and trail" after
"City standard sidewalk". Condition 44 currently allows for one low-profile sign; however, the applicant
requests an exception to this condition to reflect similar signage as allowed in residential subdivisions, which
is at each point of entry to the subdivision. Therefore, they are requesting signs at the three key entrances;
Resort Drive, Fallon Street and Ravalli Street, and Ferguson Avenue and Ravalli Street. This would need
to be approved by a variance or a text amendment to conditional uses allowed in an RO zone.
Karin Caroline, Delaney & Company, stated they have tried to address previous Commission
concerns, particularly connectivity to Valley West to the north and an additional acre of parkland; and those
concerns are outlined in her narrative, which was contained in the Commissioners' packets. She noted the
building orientation has been addressed, as well as concerns regarding color palette and color variety. One
issue still outstanding is city-standard sidewalks versus asphalt trails, as there was no Commission decision
on December 1 st. There will be an asphalt trail along Ferguson Avenue and Resort Drive, with city-
standard sidewalks along Babcock Street and the west side of Ravalli Street. Applicants are requesting an
asphalt trail along Fallon Street to link to the Ridge Athletic Club's trail system, and they are seeking
Commission support for that trail.
Mayor Kirchhoff questioned the easUwest connectivity, noting there is only one connector proposed.
Ms. Caroline replied the requirement for a collector is 330 feet of separation, and they cannot meet that for
full access; it would have to be partial access at 150 feet.
Commissioner Youngman stated she felt all five Commissioners had previously indicated they were
agreeable to the Fallon Street asphalt trail. Commissioner Youngman then asked if the Resort Drive trail
is now connecting with the Valley West trail, to which Ms. Caroline replied that it is.
Planning Director Epple noted a decision on condition 44 cannot be reached tonight because to
change the signage requires a variance or text amendment. This could be a simple text amendment, and
the Commission now has the ability to initiate text amendments. The Planning Director noted this is an RO
zone, but it is completely residential and should be given residential treatment. If the Commission directs
staff to do a text amendment, they will do so. Ms. Caroline requested the Commission direct staff to initiate
a zone text amendment to allow multiple signs.
It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the Major Site
Plan requested by Cikan Architects for Ken LeClair and Delaney & Company under Application No. Z-03255,
to allow the construction of 156 duplex condominium units on 31 acres described as Lot 2, Spring Creek
Village Resort, and Tract A, cas No. 1872, Delaney & WBW Annexation, be approved subject to the
following conditions:
1. The applicant shall sign a waiver of right to protest the creation of a Park
Maintenance District.
2. The developer will be responsible for the design, development, and maintenance of
all the parkland shown on the plan. This includes snow removal along the
curvilinear sidewalk that surrounds the development. Long-term maintenance will
be the responsibility of the Homeowner's Association and shall be noted accordingly
in the covenants.
3. A detailed site plan of the park shall be developed by a licensed landscape architect
showing all features of the park. The applicant shall develop a master plan for the
park and shall be reviewed and approved by the Recreation and Parks Advisory
Board and the City Commission prior to final site plan approval.
4. All work in the park shall be reviewed and approved by the Planning Department
prior to construction and subject to inspection and approval upon completion of the
work. Improvements to the park will be completed during con3truction of rhBse II
prior to commencement of Phase III.
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5. No cash in lieu will be accepted for this project. The additional one
acre will be located in the area shown for the two condominiums to
the west so that the park is adjacent to the street on two sides.
6. The triangular piece of land on the west side of the S-shaped
curved street shall be designated as open space and not parkland.
7. The pedestrian corridor along the ditch, started by Valley West to
the north of the subject property, shall be continued through this
development to provide an unimpeded path of travel for recreational
users in the community.
8. The property owner shall provide by-laws and covenants with the
final site plan for the establishment of a condominium association
and its obligation to maintain the development. Upon approval by
the Planning Department, the by-laws and covenants shall be filed
with the Gallatin County Clerk and Recorder's Office.
9. Buildings shall be oriented with their sides or fronts facing all public
streets with drive approaches for each unit only being provided from
the private streets. The setbacks shall be appropriately depicted
from the right of way (i.e., 15 feet for a side yard and 20 feet for a
front yard).
10. Only fences less than four feet in height shall be permitted adjacent
to the public streets. All fence details shall be noted on the final site
plan and identified in the approved covenants.
11. Not more than 1/3 of the front yards may be utilized for stormwater
detention/ retention and all storm water ponds shall not exceed 1 ~
feet in depth and shall provide a maximum slope of 1 :4.
12. Written approval for the location of the mailboxes shall be obtained
from the U.S. Postal Service and depicted on the final site plan.
13. The color palette for the buildings including material samples and
color chips shall be provided, for review and approval by the
Planning Office, prior to final site plan approval.
14. A subdivision exemption will be required to realign the common
boundaries prior to final site plan approval.
15. The trails being calculated towards the open space requirement of
0.03 acres per dwelling unit cannot be used if being constructed in
lieu of standard sidewalks and/or constructed within the public right
of way.
16. If the "Park/Trail Easement" running through the middle of the lot,
as depicted on the plat, is not going to be constructed then the
property owner shall seek approval for the abandonment of the
easement.
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17. Project phasing shall be clearly defined including installation of infrastructure.
18. A detailed traffic study including level of service evaluation shall be provided. The
developer shall make all improvements deemed necessary by the City Engineer's
office after review and approval of the traffic study. All required improvements
shall be installed and accepted prior to issuance of a building permit.
19. There are improvements associated with the underlying minor subdivision which
have not been completed. All of these items, including the submission of all
required paper work (i.e. record drawings), must be competed prior to initiation of
any construction on this lot.
20. The extension of Ravalli Street shall be a City standard street and shall be
redesigned to meet the minimum standards for a city street. A Public Street and
Utility Easement, a minimum of 60 feet in width, shall be filed with the Clerk and
Recorder's Office for the extension of this street. All other streets within the
development do not meet the minimum standards for City standard streets; and
therefore, shall be privately owned and maintained by the homeowners'
association.
21. Stormwater ponds are not allowed to discharge into irrigation ditches. Revise
discharge of all ponds shown going into the ditch.
22. The final site plan shall be adequately dimensioned.
23. A Stormwater DrainagelTreatment Grading Plan and Maintenance Plan for a
system designed to remove solids, silt, oils, grease, and other pollutants must be
provided to and approved by the City Engineer. The plan must demonstrate
adequate site drainage (including sufficient spot elevations), stormwater
detention/retention basin details (including basin sizing and discharge calculations,
and discharge structure details), stormwater discharge destination, and a
stormwater maintenance plan. A stormwater easement must be established on
the property and filed with the County Clerk and Recorder's Office for all of the
retention/detention ponds and discharges. Although the City is not a party to
the easements, the document must contain language acceptable to the City
that requires specific approval from the City Commission prior to any
alteration, relocation or vacation of the easements.
24. Plans and specifications for any water, sewer and/or storm sewer main
extensions, and public or private streets (including curb, gutter and sidewalks)
prepared by a professional engineer (PE) shall be provided to and approved by
the City Engineer. Water and sewer plans shall also be approved by the Montana
Department of Environmental Quality. The applicant shall also provide
professional engineering services for construction inspection, post-construction
certification, and preparation of mylar record drawings. Specific comments
regarding the existing and proposed infrastructure shall be provided at that time.
Construction shall not be initiated on the public infrastructure improvements until
the plans and specifications have been approved and a pre-construction
conference has been conducted. No building permits will be issued prior to
City acceptance of the infrastructure improvements.
25. Plans and specifications for any fire service line must be prepared in accordance
with the City's Fire Service Line Policy by a professional engineer (PE) and be
provided to and approved by the City Engineer prior to initiation of construction of
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the fire service or fire protection system. The applicant shall also provide
professional engineering services for construction inspection, post-construction
certification, and preparation of mylar record drawings.
26. Easements for the water and sewer main extensions shall be a minimum of 30
feet in width, with the utility located in the center of the easement. In no case shall
the utility be less than 10 feet from edge of easement.
27. Sewer and water services shall be shown on the final site plan and approved by
the Water/Sewer Superintendent. City of Bozeman applications for service shall
be completed by the applicant.
28. The location of existing water and sewer mains shall be properly depicted, as well
as nearby fire hydrants. Proposed main extensions shall be labeled "proposed".
29. City standard sidewalk and/or pedestrian trail, as approved by the City
Commission, shall be installed and properly depicted at the standard location
(i.e., 1 foot off property line) along the street(s) frontage. Any deviation to the
standard alignment or location must be approved by the City Engineer.
30. Typical curb details (i.e., raised and/or drop curbs) and typical asphalt paving
section detail shall be provided to and approved by the City Engineer. Concrete
curbing shall be provided around the entire new parking lot perimeter and
adequately identified on the final site plan. The Montana Fish, Wildlife and Parks,
SCS, Montana Department of Environmental Quality and Army Corps of Engineers
shall be contacted regarding the proposed project and any required permits (i.e.,
310,404, turbidity exemption, etc.) shall be obtained prior to final site plan
approval.
31. Ditch relocation:
a. The Montana Fish, Wildlife and Parks shall be contacted by the
applicant regarding any proposed ditch/stream relocation and any
required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be
obtained prior to final site plan approval.
b. The applicant shall obtain written permission from the ditch owner
for any proposed relocation.
32. All existing utility and other easements must be shown on the final site plan.
33. If construction activities related to the project result in the disturbance of more
than 1 acre of natural ground, an erosion/sediment control plan may be required.
The Montana Department of Environmental Quality, Water Quality Bureau, shall
be contacted by the applicant to determine if a Stormwater Discharge Permit is
necessary. If required by the WQB, an erosion/sediment control plan shall be
prepared for disturbed areas of 5 acres or less if the point of discharge is less than
100 feet from State waters.
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34. The developer shall make arrangements with the City Engineer's office to provide
addresses for all individual units in the development prior to final site plan
approval.
35. The applicant must submit seven (7) copies of a final site plan within 6 months of
preliminary approval containing all of the conditions, corrections and modifications
to be reviewed and approved by the Planning Office.
36. A building permit must be obtained prior to the work and must be obtained within
one year of final site plan approval. Building permits will not be issued until the
final site plan is approved. Minor site surface preparation and normal
maintenance shall be allowed prior to submittal and approval of the final site plan,
including excavation and footing preparation, but NO CONCRETE MAY BE
POURED UNTIL A BUILDING PERMIT IS OBTAINED.
37. The applicant shall enter into an Improvements Agreement with the City to
guarantee the installation of required on-site improvements at the time of final site
plan submittal. If occupancy of the structure is to occur prior to the installation of
all required on-site improvements, the Improvements Agreement must be secured
by a method of security equal to one and one-half times the amount of the
estimated cost of the scheduled improvements not yet installed. Said method of
security shall be valid for a period of not less than twelve (12) months; however,
the applicant shall complete all on-site improvements within nine (9) months of
occupancy to avoid default on the method of security.
38. The landscape plan must be signed and certified by a landscape professional as
outlined in Section 18.49.040.C.3 "Preparation of Landscape Plan".
39. The landscape plan shall meet the "Landscape Performance Standards", a
minimum of 23 points, as outlined in Section 18.49.070.
40. Per Section 18.49.060.E "Street Frontage Landscaping Required", all street right
of way contiguous with the proposed development site not used for street
pavement, curbs, gutters, sidewalks or driveways shall include one large canopy
street tree for each 50 feet of street frontage is required.
41. All exterior lighting shall be depicted on the final site plan including wall-mounted,
pole style and exterior illumination of any proposed signage. As per Section
18.50.035.A "Glare and Lighting", any lighting including that for security purposes,
used to illuminate an off-street parking area, sign or other structure, shall be
arranged so as to deflect light down and/or away from any adjoining properties
and shall not detract from driver visibility on adjacent streets. Luminaires and
lenses shall not protrude below the edge of the light fixture.
42. Per Section 18.50.110.B "Stall, Aisle and Driveway Design", the minimum stall
length measured from the garage door to the sidewalk or back of curb shall
maintain a minimum length of 20 feet.
43. Per Section 18.52.030.F "Site Plan Review Criteria", for residential condominiums,
unless otherwise provided through the subdivision review process, is an amount of
open space equal to that required by Section 16.14.090, Bozeman Municipal
Code, for the proposed number of dwelling units set aside within the project
boundaries and configured for active recreational use by the residents of the
12-15-03
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project or as the developer proposed to provide its equivalent as may otherwise be
provided for by the Bozeman Municipal Code.
44. Per Section 18.65.070.B "Business and Office Zones ", one low-profile sign not to
exceed 12 square feet in area is permitted.
45. A Sign Permit Application shall be reviewed and approved by the Planning Office
prior to the construction and installation of any signage on-site in accordance with
Section 18.65 of the City of Bozeman zone code, including contractor, real estate
and lending institution signs temporarily posted on-site during and after
construction of the building.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Cetraro,
Commissioner Youngman, Commissioner Hietala, Commissioner Brown, and Mayor Kirchhoff. Those
voting No, none.
A majority of the Commissioners directed staff to prepare a text amendment to allow additional
signage in an RO zone.
Public comment
No public comment was received.
Discussion - FYI Items
The following "For Your Information" items were forwarded to the Commission.
(1 ) Letter from 1. Weaver, 824 O'Connell Drive, dated November 22, responding to several
issues, including the performing arts center project, Main Street, lighting, and the Gallatin Development
Corporation.
(2) Copy of the advertisement announcing the garbage collection schedule for the weeks of
Christmas and New Year's.
(3) Memo from Grants Administrator Sara Folger, dated December 8, forwarding the community
needs assessment/opinion survey that will provide updated information needed for Community Development
Block Grant (CDBG) applications.
(4) Updated list of Planning projects to be considered at upcoming Commission meetings, dated
December 10, 2003.
(5) Notes from the Bozeman Area Bicycle Advisory Board meeting held on December 1, 2003.
(6) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, December
16, at the Courthouse.
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(7) Agenda and revised agenda for the Development Review Committee meeting to be held at
10:00 a.m. on Tuesday, December 16, at the Professional Building.
(8) Agendas for the Zoning Commission meeting to be held at 7:00 p.m. and the Planning Board
meeting to be held at 7:30 p.m. on Tuesday, December 16, in the Commission Room.
During FYI, City Manager Johnson presented the following items: 1) The State Land Board has
approved the sale of the armory. 2) He will be in deposition all day Tuesday, December 16th, regarding
Delaney vs. City of Bozeman and Clark V. Johnson.
Planning Director Epple offered the following FYI items: 1) Staff has been conducting training
sessions on the Unified Development Ordinance. The sessions have been well attended, and the
comments have been favorable. There will be two more reviews of the entire plan; one this week and one
in January. 2) Grants Administrator Folger has been working with state and local officials to update the
City's needs assessment, which will put the City in a better position to receive federal grants. She will be
mailing out the Community Needs Assessment and Opinion Survey later this month.
Commissioner Hietala offered the following during his FYI: 1) The Recreation and Parks Advisory
Board has developed a document called Recreational Activities and Opportunities in Bozeman, and they
would like a website to post it on and keep it updated. Commissioner Hietala will talk to Systems Analyst
Steele regarding this.
During his FYI Mayor Kirchhoff noted the following: 1) The Gallatin Valley Independent Business
Alliance request has been granted, but the dispersal of those funds has not yet been determined. Mayor
Kirchhoff called for the monies to be dispersed on or before January 1, 2004. Following discussion, a
majority of Commissioners agreed to the dispersal of these funds on or before January 1, 2004.
Adiournment . 9:40 pm
There being no further business to come before the Commission at this time, it was moved by
Commissioner Hietala, seconded by Commissioner Brown that the meeting be adjourned. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner
Brown, Commissioner Cetraro, Commissioner Youngman, and Mayor Kirchhoff; those voting No, none.
J-~
STEVEN R. KIRC OFF, May r
ATTEST:
~J~
ROBIN L. SULLIVAN
Clerk of the Commission
PREPARED BY:
~ 'bQJ~q~
KAREN L. DeLA THOWER
Deputy Clerk of the Commission
12-15-03