HomeMy WebLinkAbout2003-12-01 Minutes, City Commission
MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
December 1, 2003
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The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal
Building, on Monday, December 1,2003, at 7:00 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, Planning Director Andy Epple, City
Attorney Paul Luwe and Clerk of the Commission Robin Sullivan.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
City Manager Johnson stated that Commissioner Youngman has requested Ordinance No. 1606
be removed from the Consent Items for discussion.
Minutes. January 18. 2000. and June 10 and November 24.2003
Mayor Kirchhoff deferred action on the minutes of the meetings of January 18, 2000, and June 10
and November 24, 2003, to a later date.
Consent Items
City Manager Johnson presented to the Commission the following Consent Items.
Acknowledae receipt of reauest for annexation. 39.836 acres described as Tract B.
COS No. 2389 (Iyina between Durston Road and West Oak Street extended
immediately north of Bronken Park: known as 3833 Durston Road) . C&H
Enaineerina and SurveYina for John Rosa: refer to staff (A.03008)
Authorize Mayor to sian. Findings of Fact and Order for preliminarv plat to subdivide
5.099 acres described as Tract 6B. COS No. 822. into two residential/office
commercial lots (north side of West College Street at Professional Drive
extended) (P.03031)
Authorize Mayor to sian. Findinas of Fact and Order for preliminary plat of Alder
Creek Subdivision. Phases I.V. subdivide 74.256 acres located in the SE"h and
the SW"h of Section 24. T2S. R5E. MPM. into 251 residential lots. includina 153
sinale.household lots and a zonina planned unit development containing 62
sinale.household lots and 36 two.household lots (alona west side of South
Third Avenue. between Allison Subdivision. Phase II. and Sacaiawea Middle
School) (P.03010)
Authorize Mayor to sian. Findinas of Fact and Order for preliminary plat for Walton
Homestead Subdivision PUD. subdivide 35.376 acres described as Tracts 1.4.
COS No. 2085 and Darcel described in Book 144. Paae 373. into 51 sinale.
family residential lots. 5 multi.family residential lots. 70 townhouse residential
lots and 8 commercial lots (between Durston Road and West Oak Street at
North 15th Avenue extended) (P.02050)
Authorize City Manaaer to sian. Indemnity and Hold Harmless Aareement with the
Downtown Bozeman Association for the Christmas Decorations across Main
Street at Willson Avenue. Tracy Avenue. Black Avenue and Bozeman Avenue
Authorize City Manaaer to sian. Acceptance of Sewer Pipeline and Access Easement
and Aareement . Euaene Graf III and Yvonne G. Jarrett. as individuals and as
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co-personal representatives of the Estate of Genevieve S. Graf - 30-foot-wide
easement across portion of Lot 2. South Meadow Minor Subdivision No. 294
Concur in Recreation and Parks Advisory Board recommendation that the reauest to
rename the skate park at Kirk Park to "Scooters Skate Park" be denied
Claims
It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the
Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to
complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye
being Commissioner Youngman, Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and
Mayor Kirchhoff; those voting No, none.
Continued public hearina - preliminary plat for Courtvard Townhouses - subdivide 0.413 acres
described as Tract D-1 A. the north 48 feet of Lots 1-6. Tract D-1 B. the south 92 feet of Lots 1-3. and
the south 92 feet of the east 10 feet of Lot 4. Block D. Plat B-40-B. Beall's Second Addition. into
seven residential townhouse lots. with variances from Section 16.14.030.F.. Bozeman Municipal
Code. to allow the lots to have an average depth areater than three times their averaae width. and
from Section 16.14.030.H.. to allow six of the seven lots to have less than 25 feet of frontaae on a
public street - Kerin & Associates for Paul Violich Trust and Vosti 1988 Trust (northwest corner of
intersection of North Black Avenue and East Beall Street) IP-03030)
This was the time and place set for the continued public hearing on the preliminary plat for Courtyard
Townhouses, as requested by Kerin and Associates for Paul Violich Trust and Vosti 1988 Trust under
Application No. P-03030, to subdivide 0.413 acres described as Tract 0-1 A; the north 48 feet of Lots 1-6,
Tract 0-1 B; the south 92 feet of Lots 1-3, and the south 92 feet of the east 10 feet of Lot 4, Block 0, Plat
B-40-B, Beall's Second Addition, into seven residential townhouse lots, with variances from Section
16.14.030.F. of the Bozeman Municipal Code, to allow the lots to have an average depth greater than three
times their average width, and from Section 16.14.030.H., to allow six of the seven lots to have less than
25 feet of frontage on a public street. The subject property is located at the northwest corner of intersection
of North Black Avenue and East Beall Street.
Mayor Kirchhoff opened the public hearing.
Included in the Commissioners' packets was a memo from Assistant Planner Susan Kozub, dated
November 25, indicating that the applicant has not yet submitted revised application materials and asking
that the public hearing be continued to a date certain, but for not more than ninety days.
It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the public hearing
be continued to January 26, 2004, in response to staff's request. 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.
Ordinance No. 1606 - settina Citv Manaaer's salary for Fiscal Year 2004: provisionally adopt and
brina back in two weeks for final adoption
Included in the Commissioners' packets was a copy of Ordinance No. 1606, entitled:
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.
City Manager Johnson noted that two of the Commissioners had requested this item be removed
for discussion.
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Commissioner Youngman voiced her concern that this ordinance had been placed on the consent
agenda without Commission discussion. She noted the Commission has not made the decision to include
the City Manager's salary increases in the pay for performance system with other staff members; and she
is concerned that to do so will result in an ever enlarging gap between upper management salaries and
lower salaries because of the percentages applied. She expressed her discomfort with a $5,000 increase,
not because of the City Manager's performance, particularly since his evaluation was very good, but
because of the amount. She noted he is already the highest paid City Manager in the state, and this
increase will push it further out of balance. She proposed a smaller increase, although she has no rationale
or formula upon which to base that figure. She concluded by stating her support for a smaller increase that
would be reasonable and still reward performance.
Responding to Commissioner Cetraro, Commissioner Youngman stated she does not have a
proposed formula for the Commission to consider, but suggested one option might be to apply a percentage
to the pay for performance matrix to keep pace with other salaries but not create a disproportionately bigger
increase.
Commissioner Cetraro expressed his interest in adopting the ordinance as submitted, noting the
Commissioners were provided with background information a few months ago.
Commissioner Youngman asserted that a $5,000 increase is excessive, and she will not support
it. She noted the City Manager's salary increased from the low $70,000s to $90,000 in the space of a
couple years through negotiations to equalize his salary with others in the state and the community and to
keep him; and she is now more comfortable with a slow-paced increase.
Commissioner Brown indicated he was surprised to find this ordinance on the consent agenda
without prior knowledge of the salary to be included, and stated he has a problem applying a strict
percentage to such a high salary. He noted that a consistent 5.5-percent increase will result in doubling of
an employee's salary every thirteen years; and he does not believe the City can afford to sustain such
increases. He acknowledged the need to reward the City Manager with an increase, but he would be more
comfortable with half the proposed percentage, or a 2.75-percent increase.
Commissioner Hietala stated he would be more comfortable with a cost of living increase that
reflects the true increase locally, suggesting an increase between 3 and 4 percent.
Mayor Kirchhoff noted that if one puts the City Manager's salary in the context of others in the state,
he does extremely well; and if one puts it in the context of others in Bozeman, he also does extremely well.
He stressed that City Manager Johnson's performance is consistently above expectations and deserves to
be recognized. He then stated that a discussion with Administrative Services Director Gamradt revealed
that the City Manager had been included in the pay for performance system; and he had indicated that was
acceptable. He noted that the ordinance was placed on the consent agenda because he felt that was
appropriate and reflected the results of the performance evaluation. He then questioned whether the
proposed 5.5 percent increase would have a negative effect on morale or if giving a smaller increase might
have more of a negative effect on others in upper level management.
Commissioner Cetraro stated he is not comfortable with going from the 5.5 percent figure to a
different figure, particularly one that has no rationale.
Commissioner Youngman noted that raises have previously been "all over the map", with no
particular principles being applied. She suggested that the Commission may wish to review the pay for
performance program next year and check contract negotiations, including a review of total salaries as a
percentage of the City's annual operating budget.
Mayor Kirchhoff expressed his concern about this ordinance being removed from the consent
agenda with proposed adjustments not being based on any formula, as opposed to the ordinance that was
based on the performance evaluation being incorporated into a matrix.
It was moved by Commissioner Brown, seconded by Commissioner Youngman, that Ordinance No.
1606, as revised to provide a 2.75-percent increase and set the City Manager's salary at $92,475.00 for
Fiscal Year 2004, be provisionally adopted and that it be brought back in two weeks for final adoption. The
motion failed by the following Aye and No vote: those voting Aye being Commissioner Brown and
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Commissioner Youngman; those voting No being Commissioner Hietala, Commissioner Cetraro and Mayor
Kirchhoff.
Commissioner Hietala asked if anyone has seen the matrix for management and how the
performance evaluation interacts with that matrix, and suggested that information could be beneficial in this
discussion.
Commissioner Cetraro stated he feels that information could be beneficial, and asked that a copy
of the City Manager's contract also be included in the additional information provided to Commissioners.
Commissioner Youngman reiterated that the Commission did not vote to put City Manager Johnson
into the pay for performance system, and it is also not part of the employment contract.
Commissioner Brown suggested that a graph of the City Manager's salary for the last five years
might be beneficial, noting it will show a drastic increase a couple of years ago.
Commissioner Cetraro stated if the formula is not working, it may need to be revised. He stressed
the importance of having a policy so the Commission is not simply "throwing darts".
It was moved by Commissioner Hietala, seconded by Commissioner Youngman, that Ordinance No.
1606, as revised to provide a 4.00-percent increase and set the City Manager's salary at $93,600.00 for
Fiscal Year 2004, be provisionally adopted and that it be brought back in two weeks for final adoption. The
motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala,
Commissioner Youngman, Commissioner Brown and Mayor Kirchhoff; those voting No being Commissioner
Cetraro.
Public hearing - Zone MaD Amendment - amend the zonina from "R-O" to "B-2" on :!:0.29-acre Darcel
described as Lot 1 and the north 14 feet of Lot 2. Block 1. Kirk's Subdivision No.4 (2006 West
Babcock Street) - Terrance M. Hofer (Z-03254)
This was the time and place set for the public hearing on the Zone Map Amendment requested by
T.M.H. Enterprises, Inc., for Terrance M. Hofer, under Application No. Z-03254, to amend the zoning from
"R-O," Residential-Office, to "B-2," Community Business, on the :!:O.29-acre parcel described as Lot 1 and
the north 14 feet of Lot 2, Block 1, Kirk's Subdivision NO.4. The subject property is located at 2006 West
Babcock Street.
Mayor Kirchhoff opened the public hearing.
Contract Planner Lanette Windemaker presented the staff report. She noted the subject property
is located at the southwest corner of the intersection of West Babcock Street and South 20th Avenue.
Surrounding zoning designations include "B-2" to the south and west, "R-O" to the east and "R-3" to the
south; and the Bozeman 2020 Community Plan designates this property as community commercial.
The Contract Planner stated that staff has reviewed this application in light of the applicable criteria,
and staff's comprehensive findings are contained in the written staff report. Based on those findings, staff
has forwarded its recommendation for approval of the rezoning, subject to the two standard conditions.
After conducting its review at its November 18 meeting, the Zoning Commission concurred in that
recommendation.
Mr. Terrance Hofer, applicant, stated he is seeking the zone change to give him more flexibility in
usage of the building on this property, which he has owned for fourteen years.
No public comment was received on this requested rezoning.
Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing.
It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the Zone Map
Amendment requested by T.M.H. Enterprises, Inc., for Terrance M. Hofer, under Application No. Z-03254,
to amend the zoning from "R-Q," Residential-Office, to "B-2," Community Business, on the :!:0.29-acre
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parcel described as Lot 1 and the north 14 feet of Lot 2, Block 1, Kirk's Subdivision No.4, be approved
subject to the following conditions:
1. The applicant shall submit, within thirty (30) days of approval by the City
Commission, a 24-inch by 36-inch mylar zone map titled "Hofer Zone Map
Amendment," an 81'2-inch by 11-inch or 81'2-inch by 14-inch paper map and a digital
copy to the Planning Office containing the legal description, total acreage and
adjoining rights-of-way and/or street access easements, acceptable to the Director
of Public Service.
2. The ordinance for the Zone Map Amendment shall not be drafted until the applicant
provides a legal description and a map of the area to be rezoned, which will be
utilized in the preparation of the ordinance to officially amend the City of Bozeman
zoning map.
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 - Maior Site Plan ~ allow construction of a two-stOry :t25.000-sauare-foot laboratorv
buildina on lots 1 and 2. Minor Subdivision No. 99 (1040 Research Drive) -lone Eaale Investments
and Civic Desians. 1.1.C.. for Advanced Technoloav. Inc. '(northeast corner of intersection of
Research Drive and Analvsis Drive) (Z-03262)
This was the time and place set for the public hearing on the Major Site Plan requested by Lone
Eagle Investments and Civic Designs, L.L.C., for Advanced Technology, Inc., under Application No.
Z-03262, to allow the construction of a two-story :!:25,000-square-foot laboratory building on Lots 1 and 2,
Minor Subdivision No. 99. T he subject property is located at the northeast corner 0 f intersection 0 f
Research Drive and Analysis Drive and is commonly known as 1040 Research Drive.
Mayor Kirchhoff opened the public hearing.
Associate Planner Jami Morris presented the staff report. She briefly reviewed the proposed project,
which includes construction of a :t25,000-square-foot laboratory building, to be constructed in two phases
with the first phase containing 18,000 square feet and the second phase containing 7,000 square feet.
The Associate Planner stated that staff has reviewed this application in light ofthe applicable criteria,
and staff's comprehensive findings are contained in the written staff report. Also, since this property is
located within a planned unit development, the Design Review Board has reviewed this application, and
identified several conditions for Commission consideration. The Planner concluded by forwarding staff's
recommendation for approval, subject to 32 conditions, noting the majorityofthem are standard conditions.
Mr. Bruce Davidson, Civic Design, representing the applicant, indicated concurrence with the staff
report and a willingness to respond to questions.
No public comment was received regarding this proposed building.
Since there were no objections, Mayor Kirchhoff closed the public hearing.
It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the Major Site
Plan requested by Lone Eagle Investments and Civic Designs, L.L.C., for Advanced Technology, Inc., under
Application No. Z-03262, to allow the construction of a two-story :!:25,000-square-foot laboratory building
on Lots 1 and 2, Minor Subdivision No. 99, be approved subject to the following conditions:
1. The landscape plan shall bee orrected tom atch t he site plan (i .e., size of the
landscape islands, access distance from the property line and location of light poles
and bike rack).
2. The on-site pedestrian circulation shall be improved in order to provide pedestrian
circulation within the parking lot.
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3. A 5-foot wide sidewalk connecting the sidewalk along Analysis Drive to the sidewalk
heading into the building shall be provided.
4. The landscape plan shall include landscape groupings along the perimeter of the
parking lot.
5. Shade trees shall be provided directly adjacent to the parking stalls.
6. Berms and low-profile shrubs shall be installed along Research Drive and Analysis
Drive.
7. Street trees shall be planted within the Analysis Drive boulevard.
8. No rooftop or ground-mounted mechanical equipment shall be visible from adjacent
properties and public streets. All mechanical equipment shall be completely
screened from view and depicted as such on the final site plan. Any proposed
rooftop mechanical equipment shall be incorporated into the roof form as an
architectural feature that incorporates similar materials and elements as that of the
building and all ground or wall mounted equipment shall be completely screened
from view. In order to screen wall and/or ground-mounted mechanical equipment,
the Planning Office will accept the installation of a wall constructed of materials
matching the building or the installation of evergreen shrubs planted at a height to
obscure the equipment.
9. A subdivision exemption will be required to aggregate the two lots prior to final site
plan approval.
10. The size of the trash receptacle shall be appropriately sized for the use and
approved by the City Sanitation Department. Accommodations for recyclables must
also be considered. All receptacles shall be located inside of an approved trash
enclosure. A copy of the site plan, indicating the location of the trash enclosure,
dimensions of the receptacle and enclosure and details of the materials used, shall
be sent to and approved by the City Solid Waste Division (phone: 586-3258) prior
to final site plan approval.
11. The final site plan shall be adequately dimensioned. A complete legend of all line
types used shall also be provided.
12. 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 adjacent property and filed with
the County Clerk and Recorder's Office for the retention pond and discharge course
if located off the subject property.
13. 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
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.
14. 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.
15. 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".
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16. The drive approach shall be constructed in accordance with the City's standard
approach (Le., concrete apron, sidewalk section and drop-curb) and shown as such
on the final site plan. A City Curb Cut and Sidewalk Permit shall be obtained prior
to final site plan approval.
17. City standard sidewalk shall be installed and properly depicted at the standard
location (Le., 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.
18. Typical curb details (Le., 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 location of the drop curb adjacent to the snow
removal areas shall be identified on the final site plan and the length of the drop curb
shall be limited to the width of a snow plow, approximately 10 feet.
19. 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 (Le., 310, 404, turbidity exemption,
etc.) shall be obtained prior to final site plan approval.
20. All existing utility and other easements must be shown on the final site plan.
21. Adequate snow storage area must be designated outside the sight triangles, but on
the subject property (unless a snow storage easement is obtained for a location off
the property and filed with the County Clerk and Recorder's office).
22. Drive approach and public street intersection sight triangles shall be free of plantings
which at mature growth will obscure vision within the sight triangle.
23. If construction activities related to the project result in the disturbance of more that
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 Storm Water Discharge Permit is
necessary.
24. A Pretreatment Program Sanitary Sewer Survey shall be completed by the applicant
and submitted to the Engineering Department prior to final site plan approval.
25. 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.
26. 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.
27. 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.
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28. 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".
29. All exterior lighting shall be depicted on the final site plan including wall-mounted,
pole style/parking lot, awning 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.
30. Per Section 18.50.11 0.F.3 "Disabled Accessible Parking Spaces", accessible spaces
shall be located as near as practical to a primary entrance. Parking spaces and
access aisles shall be level with slopes not exceeding 1 :50 in all directions. Raised
signs shall be located at a distance no greater than five feet from the front of each
accessible space and shall state "Permit Required $100 Fine". One of the disabled
accessible spaces shall also be signed "Van Accessible".
31. Per Section 18.50.10.F.2 "Non-Residential Uses", one parking space per 1,000
square feet of floor area plus one space for each full time equivalent employee for
the laboratory uses and one space per 250 square feet of office space is required.
32. 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. Per Section 18.65.080 "Comprehensive Sign Plan", a comprehensive
sign plan shall be submitted for all commercial, office, industrial and civic uses
consisting of two or more tenant or occupant spaces on a lot or two or more lots
subject to a common development permit or plan. The plan shall include the size
and location of buildings and the size and location of existing and proposed signs.
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 - Maior Site Plan - allow construction of 166 duplex condominium units on 31 acres
described as Lot 2. Sprina Creek Villaae Resort and Tract A. COS No. 1872. Delaney & WBW
Annexation - Cikan Architects for Ken LeClair and Delaney & Company (bounded bY 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. 2-03255, 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 & WSW Annexation. The subject property is generally bounded by West
Babcock Street, Fallon Street, Resort Drive and Ferguson Avenue.
Mayor Kirchhoff opened the public hearing.
Associate Planner Jami Morris presented the staff report. She stated the subject property i s
bounded by Ferguson Avenue on the east, Resort Drive on the west, West Babcock Street on the north,
and Fallon Street and Ravalli Street on the south. She noted that this proposed condominium project is to
be constructed on two lots. A boundary realignment is being proposed under the subdivision exemption
process, with the new lot boundary to be the same as the boundary of this development.
The Associate Planner stated that 166 condominium units are proposed. In response to comments
in the staff report, the applicant has provided a revised drawing that includes an additional north/south road.
She indicated that all internal streets are private. She noted that the proposed parkland dedication is less
than required for a condominium project; and the applicant has requested authorization for a cash-in-lieu
payment to meet those requirements.
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The Associate Planner noted that a trail system was originally proposed along Resort Drive and
West Babcock Street to connect to the system that was started by The Ridge, and staff supports the
installation ofthattrail system; however, staff feels that standard sidewalks should be required along Fallon
Street, Ravalli Street and Ferguson Avenue.
Associate Planner Morris stated that staff has reviewed this application in light of the applicable
criteria, and staff's comprehensive findings are contained in the written staff report. Based on those
findings, staff has forwarded a recommendation for approval, subject to 45 conditions. She briefly
highlighted some of the conditions, particularly those recommended by the Recreation and Parks Advisory
Board and those recommended by Planning staff.
Responding to Commissioner Brown, the Associate Planner stated the applicant must receive
permission from the ditch company to relocate the ditch, and that permission can sometimes be difficult to
obtain.
Responding to Commissioner Youngman, the Associate Planner stated that this is not an application
for a subdivision, the block length is not subject to review. She estimated that some of the longer blocks
are close to 800 feet long. She then indicated that, immediately to the north of this property is the Valley
West Subdivision.
Ms. Karin Caroline, representing Delaney and Company, noted that this 166-unit condominium
project is to include a variety of housing elevations, with both one and two-story units. She indicated that
a color palette has not yet been prepared, but assured the Commission that it will be unique and similar to
other LeClair projects.
Ms. Caroline turned her attention to the extensive trail system proposed, noting the applicant
proposes an 8-foot-wide asphalt curvilinear multi-use pathway that essentially parallels all of the boundary
streets and provides an interior connection to the dedicated parkland.
Ms. Caroline forwarded the following proposed revisions to five of the conditions recommended by
staff:
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 coordinated with the
development of the linear trail system and construction of Phase II.
5. No cash in lieu will be accepted for this project. The additional one acre will be
located in the area shown for the t\,vo condominiums to the we~t so tl-lat the park is
adjacent to the street on wo sides added to the centrally located park and/or
additional land added to the proposed linear trail system.
7. The pedestrian corridor along the ditch, started by Valley West to the north of the
subject property, shall be continued through this developmel"lt to provide an
unimpeded path of travel for recreational users in the community.
9. Ouildings shall be oriented with their sides or fronts facing all public streets with drive
approaches for e.!lch unit ol11y being prov'ided from the private streets. The setbacks
si"lall be appropriatel) depicted fro"1 the right of vv.!lY (i.e., 15 feet for a side yard and
20 feet for .!I front yard). To the best of their ability, the applicant(s) shall
architecturally design the side and rear facades of condominium units having
public street frontage to offer more "ownership ofthe boulevard area", thereby
minimizing the isolation of the residential units from adjacent developments.
29. City standard sidewalk 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. An 8-
foot-wide asphalt curvilinear sidewalk located outside the public right-of-way
may be allowed in lieu ofthe City standard sidewalk in those areas fronting on
Ferguson Avenue, West Babcock Street, Resort Drive, Fallon Street and Ravalli
Street.
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Ms. Caroline recognized that there is a trail adjacent to Maynard Border ditch through the Valley
West Subdivision; however, she noted the ditch company has indicated it does not want a trail along the
ditch because of maintenance issues, and the proposed location of the ditch does not provide adequate
space for a trail outside the ditch setbacks without negatively impacting the lay-out of the development.
Further, she noted the extensive trail system proposed will provide adequate links to the trail system in the
Valley West Subdivision.
Responding to Commissioner Brown, Ms. Caroline confirmed that the new plans show 82 buildings,
totaling 164 condominium units rather than the 166 units originally proposed.
Planning Director Epple acknowledged that a revision to Condition NO.4 may make its intent clearer
and suggested it be revised to read:
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 prior to commencement
of the third phase of the development.
Responding to Mayor Kirchhoff, Planning Director Epple stated that staff is recommending the
parkland improvements be completed in conjunction with Phase II to give the applicant an opportunity to
realize some cash flow from the project prior to their installation.
Responding to Mayor Kirchhoff, Ms. Karin Caroline stated the applicant would like the option of
providing one additional acre of parkland within the trail system, which would probably be accomplished by
providing a wider corridor.
Responding to Mayor Kirchhoff, Planning Director Andy Epple stated that an asphalt pathway is
allowed along North 19th Avenue as part of the North 19th Avenue/West Oak Street master plan; asphalt
pathways are typically not allowed in lieu of City-standard concrete sidewalks.
Commissioner Youngman expressed her interest in seeing one street extended to the north, to
connect to an existing street with the Valley West Subdivision and provide some level of connectivity. She
also encouraged a color palette that includes different colors, not a "large beige development" that has
subtle tone differences.
Ms. Caroline assured the Commission that the color schemes will change throughout the
development, and that the issue will be adequately addressed within the covenants and the design
guidelines.
Mr. Ken LeClair identified the major streets in the immediate area. He indicated that he is not
familiar with the streets to the north of this proposed development, but cautioned the streets enter West
Babcock Street at an angle.
Mr. Brian Bollen, C&H Engineering and Surveying, stated a street extension to West Babcock Street
is proposed along the east edge of this development; and that street is offset approximately 150 feet from
the streets in the Valley West Subdivision. He then indicated that no street extensions to the property to
the south have been planned.
Responding to Commissioner Youngman, Mr. Bolen estimated the longest block lengths at
approximately 600 feet.
Associate Planner Morris stated that under staff's recommended conditions, it is proposing that the
driveways to the various units be from the interior streets but that either the sides or fronts of all units
address the exterior streets. She then indicated that staff does support the installation of asphalt trails on
those areas where trails were previously approved for the Spring Creek Village Subdivision; however, it feels
sidewalks should be required in all other locations.
Responding to Commissioner Youngman, Planning Director Epple stated that sidewalks are viewed
as part of the transportation system, while a curvilinear asphalt path is viewed as a recreational facility.
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Commissioner Brown expressed concern that the park, as proposed, seems to be private, with
limited access from the street.
Associate Planner Morris responded that this is not dedicated parkland, but is parkland for the
condominium development. She then stated that under the subdivision regulations, 50 percent of the
perimeter is to be adjacent to streets. That requirement does not apply in this instance; however, staff has
proposed the two units at the northwest edge of the park be eliminated, allowing for adequate parkland to
be provided and allowing greater street frontage.
Associate Planner Morris then responded to the requested changes to the conditions. She
acknowledged that Condition NO.4 could be reworded to be clearer. She indicated, however, that she does
not support the proposed changes to Condition Nos. 5, 7, 9 or 29.
Ms. Karin Caroline stated she feels the comment regarding colors can be adequately addressed
under Condition No. 13. She noted that under the condition as written, Planning staff can approve the
palette but, if the Commission wishes, it could require that palette be brought back for its review and
approval. She then turned her attention to connectivity with Valley West Subdivision, stating their design
team feels adequate trail connections have been provided and that street access will not be difficult. She
noted that the property south of Fallon Street does not lend itself to a north/south corridor. She concluded
by reiterating their interest in providing trails rather than sidewalks.
Responding to Commissioner Cetraro, Ms. Caroline suggested that the orientation of the homes
along the major streets could be addressed through architectural details and double fronts rather than
through reorientation of the units.
Responding to Mayor Kirchhoff, Mr. Ken LeClair stated that the ten acres at the northeast corner
of this project are currently controlled by an LLC, with Virgil Jahnke being part of that entity. Mr. Jahnke has
a one-year option to buy that property back, and there is a good possibility that he will do so. He then noted
that much of the public street frontage along this property is already marked with no parking signs since they
are designated as bike lanes.
Since there were no objections, Mayor Kirchhoff closed the public hearing.
Mayor Kirchhoff noted there seems to be a need for this type of housing in the community. He
expressed concern, however, that this application seems to have a lot of loose ends and, in fact, seems to
look more like an application for informal review than a final application for action. He then recognized the
Commission cannot consider block lengths or street configurations since this is a condominium project.
Commissioner Cetraro expressed concern that the requested changes to the conditions submitted
by Ms. Caroline were verbal, with the Commissioners not having copies to review.
Commissioner Brown stated he, too, has concerns about the project and about the request for
changes to the conditions without providing those changes in writing.
In light of the concerns expressed, Commissioner Youngman suggested the Commission may wish
to delay its decision for one or two weeks to give staff an opportunity to consider and respond to the
requested changes.
Mayor Kirchhoff noted that architectural diversity is one issue in which he is interested. He then
noted his preference for street frontages around park areas or at least some type of natural barrier that
provides a delineation between the park and surrounding homes because that results in a more public feel.
He expressed concern that this development does not seem to interface with other developments; rather,
it seems to be an "island onto itself'. He concluded by voicing frustration that the Bozeman 2020
Community Plan was adopted two years ago, and in two successive weeks the Commission has considered
projects that don't meet those requirements.
Planning Director Epple asked if building orientation is an issue; a majority of the Commissioners
indicated that it is an important issue.
Planning Director Andy Epple then asked if trail connectivity along the ditch is an issue to be
pursued; a majority of the Commissioners indicated their interest in not eliminating Condition NO.7.
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Further responding to Planning Director Epple, a majority of the Commissioners indicated they are
not willing to consider widening of the trail corridor as an alternative for meeting the parkland dedication
requirements.
The Commissioners then turned their attention to Condition No. 29, indicating a willingness to
consider an 8-foot-wide curvilinear pathway in lieu of the standard sidewalk.
Commissioner Youngman stated she does not believe there is a need for both a sidewalk along
Resort Drive and an 8-foot-wide trail in the same immediate area; a majority of the Commissioners agreed.
Commissioner Youngman stated she feels additional language is needed to ensure that buildings
address the street appropriately. She then reiterated her interest in a color palette that provides variety and
not just shades of the same color.
Commissioner Youngman then voiced her concern that no street connects to any other street in the
area, except for collectors and arterials. She asked that someone show her exactly where Cliffden Drive
touches this property. She concluded by noting her continued concern about block lengths.
It was moved by Commissioner Hietala, seconded by Commissioner Brown, that action on this major
site plan be delayed for two weeks to give staff an opportunity to address the questions and issues raised.
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.
Work session - review results of auestionnaire re various budaet processes and documents.
Administrative Services Director Gamradt
City Manager Johnson announced that this item is withdrawn from the agenda because the
Administrative Services Director has not yet received responses from all of the Commissioners.
Public comment
No comment was received under this agenda item.
Discussion - FYI Items
The following "For Your Information" items were forwarded to the Commission.
(1 ) Minutes from the Gallatin City-County Board of Health meetings held on September 25 and
October 7,2003.
(2) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, December
2, at the County Courthouse.
(3) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on
Tuesday, December 2, at the Professional Building.
(4) Agenda for the City Planning Board meeting to be held at 7:00 p.m. on Tuesday, December
2, in the Commission Room and notice that there is no Zoning Commission meeting due to the lack of
agenda items.
(5) Memo from Citizens for the Advocacy of Montana's Youth (C.A.MY.) announcing an
organizational meeting set for 6:00 p.m. on Wednesday, December 3, at City Hall.
(6) Letter from American Wildlands requesting permission to address the Commission at an
upcoming meeting regarding a letter of support for funding of an environmental review of the Gallatin River.
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Three of the Commissioners indicated an interest in considering this item, and asked that they
receive a brief presentation prior to taking action.
(7) City Manager Johnson noted that one of the discussion items scheduled for the afternoon
session of next week's meeting is the format of Main Street in the downtown area and, in anticipation of a
large crowd, staff has obtained the Gallatin County Commission Room for the meeting.
Following discussion, the Commissioners agreed that the meeting should begin at 4:00 p.m. at the
Courthouse.
(8) City Manager Johnson noted that the December 15 meeting is a 7:00 p.m. session only and
asked if the Commissioners would be willing to meet in the afternoon to conduct an informal review of the
first master site plan for The Arts at City Center project; the Commissioners agreed to meet at 3:00 or 3:30
p.m. to do so.
(9) The City Manager indicated he has found a high school student willing to serve on the
Recreation and Parks Advisory Board.
Commissioner Youngman indicated she is working on a junior high school student to serve on that
board as well, and suggested that the appointments be placed on the December 15 agenda.
(10) Responding to City Manager Johnson, Planning Director Epple gave an overview of the
Bozeman Creek neighborhood plan characterizing it as an advisory planning document that identifies the
vision for future development of the corridor, taking into account t he sensitive areas, existing zoning
designations, and infrastructure capacities.
(11) Commissioner Youngman forwarded her plans to complete a fourth newsletter within the
next week. She noted that not all of the news fit into the last newsletter; and there is an upcoming event
that she wishes to include. She stated that Commissioner Cetraro has indicated an interest in reviewing
the information prior to the newsletter being printed, and suggested that she e-mail it to the Commissioners,
with a one-day turn around time. The Commissioners agreed.
(12) Commissioner Youngman noted that when self-government powers were adopted, the
Commission made an informal commitment to appoint a broad-based citizens committee to pursue
development of a charter for the City. She reminded the Commissioners that Ken Weaver, former director
of the Local Government Center, has prepared a draft charter, which could be considered by the committee;
and the Local Government Center could also assist the committee in preparing the charter for consideration.
Responding to Commissioner Brown, Commissioner Youngman indicated that in 2004, the
community is scheduled to determine if it wishes to undergo another local government study commission
review, but suggested that creating a committee now may replace that process.
Mayor Kirchhoff suggested an agenda item in January for Mr. Weaver to make a presentation,
reviewing the options and the implications of a charter.
(13) Commissioner Brown announced that the lOB and BID meetings are now held the third
Tuesday of each month in the HRDC Conference Room.
(14) Mayor Kirchhoff noted that Commissioner-Elect Krauss has suggested the public comment
agenda item be moved to immediately after Consent Items.
City Attorney Luwe responded that this issue has been discussed by several City Attorneys from
around the state. He noted their concern and caution is that if the public comment period is moved to the
beginning of the agenda, it is more difficult for the Mayor to control the testimony submitted and could result
in an individual providing comment on an upcoming agenda item at an inappropriate time.
Adiournment . 9:35 p.m.
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
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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.
STE~r:c-KZk~
ATTEST:
~2~
R N L. SULLIVAN
Clerk of the Commission
12-01-03
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