HomeMy WebLinkAbout2003-10-27 Minutes, City Commission, WORK
MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
October 27, 2003
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Work session - re budaet Drocess
Commissioners in attendance included Commissioner Hietala and Commissioner Cetraro.
At 6:10 p.m., Administrative Services Director Miral Gamradt began his power point presentation
on what the ideal budgetary process looks like, distributing copies to those present. He noted that citizen
input is important and may be gathered either informally through conversations with individual
Commissioners or formally through open meetings such as the town meetings held sporadically over the
past several years.
Acting City Manager Brey noted that obtaining citizen input is probably the biggest challenge that
the City has not been able to address successfully, and other cities in the state have encountered similar
problems.
The Administrative Services Director reviewed the budgeting process followed years ago, under
which the City Managerwould prepare budget recommendations based on his sense of Commission desires
and then submit those recommendations to the Commission for review and comment. He cautioned that
this approach could place the City Manager and City staff in an untenable position with Commissioners and
made it difficult for the Commission to make changes.
Administrative Services Director Gamradt identified the setting of goals at the beginning of the
budget process as extremely important, but cautioned the Commissioners that it is also extremely difficult
to do so. He reviewed a variety of approaches that have been tried, with differing degrees of success, but
none of which have been the ideal. He noted that it is important to remember the goal setting process
should result in a list that can be accomplished given staffing levels and that is affordable.
The Administrative Services Director cautioned that there are few discretionary funds in the City's
operating budget.
Commissioner Hietala noted that personnel costs comprise approximately 70 percent of the budget
and proposed that limiting compensation to inflation and growth could help to curb those costs. The
Administrative Services Director responded that it is critical to pay enough to attract and retain good
employees and suggested a better alternative would be to limit the number of employees.
Acting City Manager Brey stated it is essential that staff receive direction at the front end of the
budget process. Administrative Services Director Gamradt concurred, noting that the more specific the
Commission policy direction, the better.
Commissioner Youngman arrived at 6:30 p.m.
The Administrative Services Director recognized that in election years, new Commissioners are
seated in the middle of the budget process and are expected to participate in the setting of goals at one of
their first meetings. He briefly highlighted the ideal timeline for the development and adoption of a budget
that is in place when the new fiscal year starts on July 1. In reality, he noted it is extremely difficult to meet
that timeline since the taxable value is not known until the end of July or first of August.
Administrative Services Director Gamradt distributed copies of excerpts from the City of Billings
budget, noting he likes the framework in which the Commission's goals are presented.
The Administrative Services Director concluded by identifying what he views as positive changes
in the budgeting process and asked for Commissioner input on other possible changes over the next few
weeks.
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Break - 6:50 p.m. to 7:00 p.m.
Commissioner Cetraro thanked Administrative Services Gamradt for his presentation and declared
a break from 6:50 p.m. to 7:00 p.m.
Roll Call. Pledae. Moment of Silence
The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal
Building, on Monday, October 27, 2003, at 7:00 p.m. Present were Mayor Steve Kirchhoff, Commissioner
Marcia Youngman, Commissioner Lee Hietala, Commissioner Jarvis Brown, Commissioner Andrew Cetraro,
Acting City Manager Ron Brey, Director of Public Service Debbie Arkell, Staff Attorney Patricia Day-Moore,
and Deputy Clerk of the Commission Karen DeLathower.
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.
Minutes - Januarv 18. 2000. and June 10. Julv 14. Auaust 11. September 2 and October 20.2003
It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the minutes
of the meeting of October 20,2003, be approved as amended. 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 meetings of January 18, 2000, and June 10,
July 14, August 11 and September 2, 2003 to a later date.
Consent Items
Acting City Manager Brey presented to the Commission the following Consent Items.
Acknowledae receipt of staff report - annexation of 0.82-acre parcel located at
northeast corner of intersection of North 15th Avenue and Durston Road (1409
Durston Road) - Wilda Wheeler (A-03007)
Commission Resolution No. 3636 - intent to annex 0.82-acre parcel located at
northeast corner of intersection of North 15th Avenue and Durston Road: set
public hearina for November 24. 2003
COMMISSION RESOLUTION NO. 3636
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE
INHABIT ANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND
CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARLY
DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO
INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF.
Ratify Citv Manaaer's sianature on Acceptance of Declaration of Easement and
Mutual Maintenance Aareement with Brookside Park I. LLC: Ken and Neenah
MacDonald: and David and Chervl MacDonald - common access and parkina
for Tracts 4. 4A. 5. SA. 6A. 6B. 7 A and 7B. Mountain Vista Subdivision
Award bid - 2004 extended cab short-box 4x4 pickup for Solid Waste Division -
Frontier Chevrolet. Billinas. Montana. in the bid amount of $29.391.00
Reiect all bids for 2004 rear load aarbaae packer truck: authorize staff to proceed with
rebiddina
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Authorize use of annual leave - Clerk of Commission Sullivan - October 30 throuah
November 12. 2003
Approval of Depositorv Bonds and Pledaed Securities as of September 30. 2003. as
reviewed bv Commissioner Cetraro and Commissioner Younaman
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.
Continued public hearina - preliminarv plat for Bridaer Apartments II - subdivide 5.099 acres
described as Tract 6B. COS No. 822. into two residential/office commercial lots. with variances from
Section 16.22.020. Bozeman Municipal Code. to allow filina of final plat without installation of
reauired subdivision improvements or execution of aareement with financial auarantee - Allied
Enaineerina Services for applicant Farmhouse Partners Limited Partnership and propertv owners
Jon Warren Alberda. Darvl Georae Alberda and Doualas William Alberda (north side of West Colleae
Street at Professional Drive extended) (P-03031)
This was the time and place set for the continued public hearing on the preliminary plat for Bridger
Apartments II, as requested by Allied Engineering Services for applicant Farmhouse Partners Limited
Partnership and property owners Jon Warren Alberda, Daryl George Alberda and Douglas William Alberda
under Application No. P-03031, to subdivide 5.099 acres described as Tract 6B, Certificate of Survey No.
822, into two residential/office commercial lots, with variances from Section 16.22.020 of the Bozeman
Municipal Code, to allow filing of final plat without installation of required subdivision improvements or
execution of agreement with financial guarantee. The subject property is located along the north side of
West College Street at Professional Drive extended.
Mayor Kirchhoff reopened the public hearing.
Senior Planner Dave Skelton presented the staff report. He reviewed the proposal, stating this is
the second phase of the Bridger Apartments, an affordable housing project, with the first phase completed
and fully occupied. Phase II will be located to the west of Phase I. The purpose of creating this two-lot
minor subdivision is to create two separate lots so the applicant can proceed with his tax increment
financing plan for the western portion of the property. Currently two telecommunication facilities are housed
on the northeast corner of the property. The Commission granted two separate Conditional Use Permits
for the landowner to lease portions of this property to Touch American and AT&T. With approval of this
minor subdivision, Professional Drive will be extended south to College Street. Senior Planner Skelton
noted Farmers Canal is the only physical feature located on this property. Staff has reviewed this application
in light of the established criteria, and staff's comprehensive findings are contained in the written staff report.
Based on those findings, staff recommends conditional approval. No public comment has been received
at this time.
Senior Planner Skelton reminded the Commission the applicant has requested a variance to allow
him to obtain final plat approval without the installation of the required improvements and without financial
guarantee of those improvements. Previously Staff Attorney Cooper had indicated his concern regarding
a potential conflict with section 76-3-507, Montana Code Annotated; because if the Commission proceeds
with approval as proposed, the City is potentially giving up its right to those improvements. Therefore, Staff
Attorney Cooper has suggested an alternative to denial of the variance would be to modify the conditions
of approval so that the improvements are not required as part of the subdivision, but rather as part of any
lot development. Senior Planner Skelton referred the Commissioners to Staff Attorney Cooper's memo of
October 23, 2003 outlining those conditions.
Mayor Kirchhoff noted in Staff Attorney Cooper's memo he states that if the Commission acts
favorably on this variance without requiring a financial guarantee, they could be facing the possibility of a
lawsuit and asked where such a lawsuit might come from. Staff Attorney Day-Moore responded by anyone
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who could prove they had been damaged by the City's actions. She also pointed out that each
Commissioner, individually, could be subject to suit, as well.
Responding to Mayor Kirchhoff, Acting City Manager Brey stated variances can be removed, but
they cannot be added without proper notice.
Mayor Kirchhoff asked if the Commission needed to act on this variance request, to which Acting
City Manager Brey replied the Commission can approve the preliminary plat without granting the variances,
they can approve the variances, or they can approve the preliminary plat with different conditions which will
eliminate the need for variances. Director of Public Service Arkell added if the subdivision is approved with
the 16 conditions suggested by Staff Attorney Cooper, the variance will be granted because subdivision
regulations require the completion of improvements. When the land is developed, the conditions listed in
the staff report will become applicable.
Dab Dabney, Farmhouse Partners, applicant, stated he is requesting variances to get the financing
required to install the improvements. He needs to get a commitment of tax credits from the Montana Board
of Housing. However, he cannot apply for that financing unless he has a site that has its own legal
description and proper zoning designation because the Montana Board of Housing will not grant tax credits
for projects they deem are not ready to proceed. This project will consist of a total of between 44 and 46
affordable housing units. All units will be leased to those earning below 60 percent of the area median
income. Sixty percent will be rented to those making less than 50 percent of the area median income, with
the remaining units being rented to those individuals earning less than 40 percent of the area median
income. The Bridger Apartments, Phase II, will contain 16 one-bedroom and 28 two-bedroom units.
Chris Budeski, Allied Engineering, stated he would like to modify the language of Staff Attorney
Cooper's proposed condition number 11 to include the wording "if applicable".
Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing.
It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the preliminary plat
for Bridger Apartments II, as requested by Allied Engineering Services for applicant Farmhouse Partners
Limited Partnership and property owners Jon Warren Alberda, Daryl George Alberda and Douglas William
Alberda under Application No. P-03031 , to subdivide 5.099 acres described as Tract 6B, Certificate of Survey
No. 822, into two residential/office commercial lots, be approved subject to the following conditions:
1. The applicant is advised that the City Commission has granted the requested
variance from Section 16.22.020 to allow the final plat to be filed without installation
of subdivision improvements and entering into an improvements agreement. As
such, the applicant, subdivider, landowner, and all heirs and assigns, are advised
that future development of the subject land will be subject to various conditions,
including, but not limited to, those outlined in Staff Report P-03031, and presented
to the City Commission on October 20,2003.
2. A "No Build" restriction shall be filed and recorded separately with the final plat that
restricts all building on this minor subdivision until such time that future development
review application( s) are submitted, reviewed and approved by the City of Bozeman,
including the design, installation, certification and
inspection of required
infrastructure.
3. The developer shall request that the City Engineer's office provide addresses for all
individual lots in the subdivision prior to filing of the final plat.
4. The final plat shall dedicate a 30-foot wide right-of-way for the south half of West
Dickerson Street from Professional Drive to the eastern boundary of this subdivision.
5. The final plat shall dedicate a total of 60-feet south from the section line for College
Street.
6. That a one (1) foot wide "No Access" strip be delineated and noted accordingly on
the final plat for all lots fronting or backing onto West College Street prior to
obtaining final plat approval.
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7. The final plat shall create three lots along the east side of the Professional Drive
public right-of-way, which shall include a separate lot for each of the two (2) existing
fiber optics telecommunication sites currently situation on the site, with the third lot
being for further development.
8. The property owner shall provide and file with the County Clerk and Recorder's
office executed Waivers of Right to Protest Creation of SIDs for the following:
a. Street improvements to West College Street including paving,
curb/gutter, sidewalk, and storm drainage (unless currently filed with
the property).
b. City-wide park maintenance district.
9. That the final plat contain a notation stating that all downstream water user facilities
will not be impacted by this subdivision and that it also be noted accordingly in the
by-laws and protective covenants for the homeowners' association.
10. The final plat shall comply with Section 16.08.050 "Final Plat" and Chapter 16.32
"Certificates" of the City of Bozeman Subdivision Regulations, and shall conform to
all requirements of the Uniform Standards for Final Subdivision Plats, including
provisions for all appropriate certificates. The final plat application shall be
accompanied by all appropriate documents, including a Platting Certificate. Four
mylar copies of the final plat must be submitted for final plat approval, along with two
(2) digital copies of the final plat, on a double sided, high density 3~-inch floppy
disk; and five (5) paper prints.
11. That the applicant obtain Montana Department of Environmental Quality approval
of the subdivision prior to final plat approval pursuant to Sections 16.16.101 through
16.16.805 A.R.M., if applicable.
12. That the final plat contains the minimum twenty (20) foot wide utility easements on
all side and rear property lines as required by the Subdivision Regulations. The
requirement of utility easements in the side property lines may be waived when all
local utility agencies and the Director of Public Service agree in writing that utilities
can be installed in the proposed utility easements along the front and rear of the
subdivision lots or other proposed easements and that utility easements along the
side property lines are not necessary.
13. That the final plat contain the fQllowing language that is readily visible with bold
lettering, at a minimum width of 1/8-inch, placing future landowners of individual lots
on notice of the presence of high groundwater in the area of the subdivision for
review and approval by the Planning Office:
"Due to the potential for high ground water table within the areas of
the subdivision, it is not recommended that residential dwellings or
commercial structures with full or partial basements be constructed
without first consulting a professional engineer licensed in the State
of Montana and qualified in the certification of residential and
commercial construction."
14. Prior to filing of the final plat for the subdivision the applicant must provide written
documentation of having entering into a signed Memorandum of Understanding with
the County Weed Control District.
15. That the developer shall have three (3) years from the date of preliminary plat
approval to complete the conditions of preliminary plat approval and apply for final
plat approval. At the end of this period the City Commission may, at the written
request of the subdivider, extend its approval for a period of no more than one (1)
calendar year except that the City Commission may extend its approval for a period
of more than one (1) year if that approval period is included as a specific condition
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of a written subdivision improvements agreement between the City Commission and
the subdivider, provided for in Chapter 16.22 of the Bozeman Subdivision
Regulations.
16. That the applicant submits with the application for final plat review and approval of
the minor subdivision, a written narrative stating how each of the conditions of
preliminary plat approval have been satisfactorily addressed.
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.
Commissioner Youngman reminded the Planning Department this project is entitled to the fast track,
expedited process outlined in the new affordable housing policies.
Public hearina - Conditional Use Permit with Certificate of ADDroDriateness to allow sale of alcoholic
beveraaes for on-Dremise and off-Dremise consumDtion on the east 18% feet of Lot 9 and the west
4 feet of Lot 10. Block F. Oriainal Plat - Earle Landeland for Dan Kilbride (Plonkl Wine Bar. 29 East
Main Street) (Z-03235)
This was the time and place set for the public hearing on the Conditional Use Permit with Certificate
of Appropriateness requested by Earle Landeland for Dan Kilbride under Application No. Z-03235, to allow
the sale of alcoholic beverages for on-premise and off-premise consumption on the east 18~ feet of Lot
9 and the west 4 feet of Lot 10, Block F, Original Plat. The subject property is located at 29 East Main Street
and, under this application, would house the Plonk! Wine Bar.
Mayor Kirchhoff opened the public hearing.
Assistant Planner Dara MacDonald presented the staff report. She reviewed this application, noting
the property is zoned B-3. Staff has reviewed this application against the established criteria, and staff's
comprehensive findings are contained in the written staff report. Based on those findings, staff recommends
conditional approval, including prohibiting the sale of alcoholic beverages until the applicable liquor licenses
have been attained. Staff has not received any public comments to date.
Pamela Newhaller, 27 East Main and neighbor of the Plonk! Wine Bar, stated she has owned her
business for 22 years; and she supports this project, adding it is a beautiful project.
Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing.
Responding to Commissioner Youngman's inquiry as to what percentage of business will be food
service versuswine sales, the applicant stated they will have a full retail selection of 500 to 700 wines with
20 selections by glass. While it is difficult to accurately estimate, they are projecting 20 percent of their
business will be food. He added this is a non-smoking facility.
Commissioner Brown inquired if adequate parking spaces were being provided; and Assistant
Planner MacDonald assured him there were, with 20 SID and on-site spaces provided.
It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the Conditional
Use Permit with Certificate of Appropriateness requested by Earle Landeland for Dan Kilbride under
Application No. Z-03235, to allow the sale of alcoholic beverages for on-premise and off-premise
consumption on the east 18~ feet of Lot 9 and the west 4 feet of Lot 10, Block F, Original Plat, be approved
subject to the following conditions:
1. The applicant shall obtain a City of Bozeman Liquor License, and provide the
Planning Office with a copy of the license, prior to final occupancy and/or the sale
of alcoholic beverages.
2. A copy of the State Revenue Department On-Premise Consumption Beer /Wine with
Catering License for Plonk at 29 East Main Street shall be submitted to the Planning
Office prior to final occupancy and/or the sale of alcoholic beverages. Furthermore,
any expansion, modification, or enlargement in the scope of the on-premise
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restaurant liquor license or its use, as established as of the date of issuance of the
license, will require another authorized Conditional Use Permit.
3. The right to a Conditional Use Permit shall be contingent upon the fulfillment of all
general and special conditions imposed by the Conditional Use Permit procedure.
All of the special conditions shall constitute restrictions running with the land, shall
be binding upon the owner of the land, his/her successors or assigns, and shall be
recorded as such with the Gallatin County Clerk and Recorder's Office by the
property owner prior to the commencement of use.
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 - variances from Section 18.50.110.B.5.. Bozeman Municipal Code. to allow two
spaces in front yard to back into public riaht-of-way: from Section 18.50.110.F.. to allow four less
parkina spaces than reauired: and from Section 18.50.11 O.K.. to allow two parkina spaces in reauired
front yard on Lot 11. Block B. Marwvn Rearranaement - Sprinaer Group Architects for Alison and
Joseph Waldear (Waldear's Garden. 109 Hiahland Boulevard) (Z-03238)
This was the time and place set for the public hearing on the variances from Section 18.50.11 0.B.5.
of the Bozeman Municipal Code, to allow two spaces in front yard to back into public right-of-way; from
Section 18.50.11 O.F., to allow four less parking spaces than required; and from Section 18.50.11 O.K., to
allow two parking spaces in required front yard on Lot 11, Block B, Marwyn Rearrangement, as requested
by Springer Group Architects for Alison and Joseph Waldear under Application No. Z-03238. The subject
property is located at 109 Highland Boulevard and is the site of Waldear's Garden.
Mayor Kirchhoff opened the public hearing.
Assistant Planner Susan Kozub presented the staff report. She stated this property is zoned R-2
and a daycare center is a permitted conditional use in an R-2 zone. Currently the daycare is operating
under a Special Temporary Use Permit. The new owners would like to legally establish this use. The
applicants are requesting three variances - to allow two parking spaces in the front yard, to allow the two
spaces in the front yard to back into the public right-of-way, and to allow four fewer parking spaces than
required. Staff supports these variances based on the applicable criteria and suggests adding one more
parking space in the back. No public comment has been received in reference to this project.
Lowell Springer, Springer Group Architects, reminded the Commission this project was informally
reviewed on May 27th. They agree with staff's recommendations and conditions. He noted there is a
circumstance of hardship, that being this daycare center has been in existence quite awhile and the new
owners didn't know it was in non-compliance until they were informed by City staff.
Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing.
Commissioner Hietala pointed out approval of this project creates a hardship on the adjacent B-2
business district. If, for example, The Store were to desire to expand with gaming, they would be put into
a position of being unable to do so.
It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the variances
from Section 18.50.110. B.5. of the Bozeman Municipal Code, to allow two spaces in front yard to back into
public right-of-way; from Section 18.50.110.F., to allow four less parking spaces than required; and from
Section 18.50.110.K., to allow two parking spaces in required front yard on Lot 11, Block B, Marwyn
Rearrangement, as requested by Springer Group Architects for Alison and Joseph Waldear under Application
No. Z-03238, be approved. 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.
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Public hearina - Conditional Use Permit with Certificate of ADDroDriateness - to leaalize existina day
care center on Lot 11. Block B. Marwvn Rearranaement - 5Drinaer GrouD Architects for Alison and
JoseDh Waldear (Waldear's Garden. 109 Hiahland Boulevard) (Z-03238)
This was the time and place set for the public hearing on the Conditional Use Permit with Certificate
of Appropriateness requested by Springer Group Architects for Alison and Joseph Waldear under
Application No. Z-03238, to legalize the existing day care center on Lot 11, Block B, Marwyn
Rearrangement. The subject property is located at 109 Highland Boulevard and is the site of Waldear's
Garden.
Mayor Kirchhoff opened the public hearing.
Assistant Planner Susan Kozub stated she has nothing new to add to her presentation under the
previous agenda item.
Alison Waldear, applicant, thanked the Commission for its affirmative vote on the variances. She
said she appreciates it and is looking forward to implementing improvements to create a nice looking
building and parking lot.
Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing.
It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the Conditional Use
Permit with Certificate of Appropriateness requested by Springer Group Architects for Alison and Joseph
Waldear under Application No. Z-03238, to legalize the existing day care center on Lot 11, Block B, Marwyn
Rearrangement, be approved subject to the following conditions:
1. The parking spaces in the front yard shall be signed "Employee Parking Only" and
shall not be used to drop-off children. Sign location and details shall be noted
accordingly on the final site plan.
2. The final site plan shall depict 0 ne a dditional parking space in the rear of the
property.
3. All existing and proposed lighting shall be in conformance with Section 18.50.035.A
and must 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. All existing non-
conforming lighting must be removed or retrofitted in accordance with code
requirements.
4. Seven (7) copies of the final site plan containing all of the conditions, corrections,
and modifications shall be submitted for review and approval by the Planning
Director within six months of the date of approval.
5. 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, a II 0 n-site
improvements shall be completed by the applicant within nine (9) months of
occupancy to avoid default on the method of security.
6. The right to a Conditional Use Permit shall be contingent upon the fulfillment of all
general and special conditions imposed by the Conditional Use Permit procedure.
All of the special conditions shall constitute restrictions running with the land, shall
be binding upon the owner of the land, his/her successors or assigns, and shall be
recorded as such with the Gallatin County Clerk and Recorder's Office by the
property owner prior to the commencement of use.
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7. The applicant shall obtain a building permit and pay all required fees within one year
of Certificate of Appropriateness approval or this approval shall become null and
void.
8. This project shall be constructed as approved and conditioned in the Certificate of
Appropriateness application. Any modifications to the submitted and approved
drawings shall invalidate the project's approval unless the applicant submits the
proposed modifications for review and approval by the Planning Office prior to
undertaking said modifications, as required by Section 18.62.040 of the Bozeman
Municipal Code.
9. The final site plan shall be adequately dimensioned. A complete legend of all line
types used shall also be provided.
10. A Stormwater Drainage/Treatment 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.
11. 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."
12. 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.
13. Typical curb details (Le., raised and/or drop curbs) and typical asphalt paving section
details 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.
14. 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.
15. All existing utility and other easements must be shown on the final site plan.
16. 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).
17. Drive approach and public street intersection sight triangles shall be free of plantings
which, at mature growth, will obscure vision within the sight triangle.
18. The applicant shall provide evidence that the four (4) foot wide easement has been
filed with the County Clerk and Recorder's office prior to final site plan 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.
ADDointments to Community Alcohol Coalition
Included in the Commissioners' packets was a memo from Clerk of the Commission Sullivan, dated
October 23, forwarding the applicants for the hospitality industry representative and neighborhood
association representative positions on the Community Alcohol Coalition.
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It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the following
appointments be made to the Community Alcohol Coalition:
Hospitality Industry Representatives
Brett Cline June 30,2004
Bryan Kelsey June 30,2005
Cynthia Storti June 30, 2006
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.
It was moved by Commissioner Youngman, seconded by Commissioner Cetraro, that the following
appointment be made to the Community Alcohol Coalition:
Neighborhood Association Representative
Harlan Wells June 30, 2006
contingent upon the appointee becoming actively involved in the neighborhood association where he resides.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman,
Commissioner Cetraro, Commissioner Brown, Commissioner Hietala, and Mayor Kirchhoff; those voting No,
none.
Public comment
No public comment was received under this agenda item.
Discussion - FYI Items
The following "For Your Information" items were forwarded to the Commission.
(1 ) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, October
28, at the Courthouse.
(2) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on
Tuesday, October 28, at the Professional Building.
(3) Agenda and revised agenda for the Design Review Board meeting to be held at 3:30 p.m.
on Tuesday, October 28, at the Professional Building.
(4) Agenda for the Montana Transportation Commission meeting to be held on Thursday,
November 6, in Helena.
(5) Notice of a Cemetery Board meeting scheduled for 7:00 p.m. on Thursday, November 20,
to receive public comment on a master plan for the cemetery.
(6) Letter from Neighborhood Coordinator Tracy Oulman to residents along North 21 st Avenue
announcing a meeting in the spring to discuss speed humps.
(7) Acting City Manager Brey noted there is a lack of agenda items for the November 3rd meeting
and suggested the Commission consider cancelling the meeting. It was proposed by Mayor Kirchhoff that
the Commission meeting of November 3,2003 be cancelled; a majority of the Commissioners concurred.
(8) During her FYI, Director of Public Works Arkell reminded the Commission that 1) She will
be going to Helena next Thursday to attend a meeting regarding Huffine Lane speed limits. 2) Portions of
Main Street will be blocked off to allow the painting of curbs and crosswalks. 3) The snow plows have now
been returned from the schools, where the blades were painted.
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(9) Commissioner Youngman noted during her FYI that the City Newsletter will be coming out
this week.
(10) During his FYI, Commissioner Brown shared he has learned more about the shelter care
facility located on Westridge and South 3rd. The reason they are accepting only 11 to 18 year olds is
because of a requirement from the Fire Marshal. Youth Dynamics was able to obtain a two-year
authorization to operate at this location, even though it does not meet all requirements of the Fire Code.
Per County Commissioner Murdock, the County has committed to replacing this facility in two years with
one that will meet all codes.
Adiournment - 7:57 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
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.
STEV~I~~
ATTEST:
~2~
RO IN L. SULLIVAN
Clerk of the Commission
PREPARED BY:
~~~~
KA N L. DeLA HO
Deputy Clerk of the Commission
10-27 -03
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