HomeMy WebLinkAbout2003-06-09 Minutes, City Commission
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
June 9, 2003
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The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal
Building, on Monday, June 9, 2003, at 3:00 p.m. Present were Mayor Steve Kirchhoff, Commissioner
Marcia Youngman, Commissioner Lee Hietala. Commissioner Andrew Cetraro, City Manager Clark
Johnson, Planning Director Andy Epple, City Attorney Paul Luwe and Clerk of the Commission Robin
Sullivan. Commissioner Jarvis Brown was absent.
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.
Authorize absence of Commissioner Brown from this meetina
It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the
Commission authorize the absence of Commissioner Brown from this meeting. The motion carried by the
following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala,
Commissioner Cetraro and Mayor Kirchhoff; those voting No, none.
Minutes ~ January 18. 2000. and April 28. May 12. May 19. May 27. and June 2. 2003
It was moved by Commissioner Hietala, seconded by Commissioner Cetraro, that the minutes of
the meeting of June 2,2003, be approved as amended. 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, none.
Mayor Kirchhoff deferred action on the minutes of the meetings of January 18, 2000, and April 28,
May 12, May 19, and May 27, 2003 to a later date.
Consent Items
City Manager Johnson presented to the Commission the following Consent Items.
Authorize City Manaaer to sian - Annexation Agreement with John Dorn. Mark
Doualas Dorn. Lisa Ann Dorn. and the Murdoch Familv Limited Partnership ~
4.04 acres described as Lots 3. 4. 11 and 12. Gordon Mandeville State School
Section Subdivision (2311 North 7th Avenue)
Commission Resolution No. 3598 ~ annexina 4.04 acres described as Lots 3. 4. 11 and
12. Gordon Mandeville State School Section Subdivision (2311 North 7th
Avenue)
COMMISSION RESOLUTION NO. 3598
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
PROVIDING FOR THE ANNEXATION OF A CERTAIN CONTIGUOUS TRACT OF LAND,
HEREINAFTER DESCRIBED, TO THE CORPORATE LIMITS OF THE CITY OF BOZEMAN
AND THE EXTENSION OF THE BOUNDARIES OF THE CITY OF BOZEMAN SO AS TO
INCLUDE SAID CONTIGUOUS TRACT.
Ordinance No. 1598 - establish initial zonina desianation of "B-2" on 4.04 acres
described as Lots 3. 4. 11 and 12. Gordon Mandeville State School Section
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Subdivision (2311 North 7th Avenue): provisionally adopt and bring back in
two weeks for final adoption
ORDINANCE NO. 1598
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
AMENDING THE CITY OF BOZEMAN ZONE MAP BY ESTABLISHING AN INITIAL
ZONING DESIGNATION OF "B-2" (COMMUNITY BUSINESS DISTRICT) ON 4.04ACRES
SITUATED IN THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 1 SOUTH,
RANGE 5 EAST, PRINCIPAL MERIDIAN MONTANA, LYING ALONG THE WEST SIDE OF
NORTH 7TH AVENUE/HIGHWAY NO. 10, THE EAST SIDE OF FLORA LANE, AND
SOUTH TO CURRENT CITY LIMITS.
Acknowledae receipt of staff report - reauest from Morrison-Maierle. Inc.. on behalf
of Jerald E. Swenson for annexation of 7.07-acre parcellyina north of East
Baxter Lane at the intersection of North 27th Avenue and Valley Center Road
(A-03002)
Commission Resolution No. 3600 - intent to annex 8.04-acre parcel lying north of East
Baxter Lane at the intersection of North 27th Avenue and Vallev Center Road:
set public hearing for Julv 7. 2003
COMMISSION RESOLUTION NO. 3600
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE
INHABITANTS 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.
Commission Resolution No. 3601 - authorize City Manaaer to sian Chanae Order No.
2 for Lvman Creek Reservoir Improvements - Edsall Construction Company.
Bozeman. Montana - add $38.987.91 and 15 calendar days
COMMISSION RESOLUTION NO. 3601
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
APPROVING AL TERATION/MODIFICA TION OF CONTRACT WITH EDSALL
CONSTRUCTION COMPANY, BOZEMAN, MONTANA.
Authorize City Manaaerto sian - Construction Aareement for State Maintained Routes
and construction plans - between State of Montana Department of
Transportation and the City of Bozeman - Intersection of 19th Avenue and
West Main Street rCM-STPP 50-2(37)881
Authorize City Manaaer to sian - Sewer Pipeline and Access Easement and
Agreement - 20-foot-wide easement across portion of Tract A. Amended Plat
C-23-J - Joanne F. Tenaelson and John Tenaelson
Authorize City Manager to sign - Public Street Easement - 15-foot-wide easement
along south side of East Tamarack Street adiacent to Lattice Materials -
Joanne F. Tenaelson and John Tenaelson
Award bid - Bozeman Wastewater Treatment Plant Outfall and Bank Stabilization
Improvements. Schedules I. II and 111- Donnes. Inc.. Shepherd. Montana. in the
total bid amount of $126.955.00
Award bid - 2003 Street Improvements. Schedules I and 11- JTL Group. Inc.. Belarade.
Montana - in the total bid amount of $298.511.00
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Cancellation of June 30. 2003. Commission meeting
Claims
It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, 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 Cetraro. Commissioner Youngman, Commissioner Hietala and Mayor Kirchhoff; those
voting No, none.
Work session re unified development ordinance - Associate Planners Jody Sanford and Chris
Saunders
Included in the Commissioners' packets was a memo from Associate Planners Jody Sanford and
Chris Saunders, dated June 3, forwarding information on the draft unified development ordinance.
Associate Planner Jody Sanford gave a general overview of the unified development ordinance,
noting that it combines the subdivision regulations and zone code. She stated that, while many communities
simply put the zone code and the subdivision regulations into one notebook and call it a unified ordinance,
she and Associate Planner Chris Saunders are working to combine the two documents into one that will
become the new Title 18 in the Bozeman Municipal Code. She identified several reasons to take this step
at this time. noting that it will help to ensure these documents are in compliance with the Bozeman 2020
Community Plan, it will resolve much of the redundancy and resulting conflicts and inconsistencies, it will
allow for more coordinated and streamlined review and enforcement, it will encourage more innovative
design and different types of development, and it follows a national trend.
Associate Planner Chris Saunders gave an overview of the major changes in the unified
development ordinance through a power point presentation. He noted that, because of the statutory
requirements for subdivisions and zoning, some of the procedural items have remained separate in the new
document. He indicated that the combining of two documents into one has allowed for dropping of some
chapters, has allowed for incorporating amendments into a single document, and has allowed for adding
policies and practices currently in place but not identified in the code.
The Associate Planner noted that one of the key changes is in formatting, noting that the difference
in text levels allows for easier identification of how provisions relate to each other. He recognized that these
changes will increase the number of pages by approximately 10 percent. He then noted that these revisions
will also allow for coordination of submittal materials and will allow for streamlining of the development
process. He indicated that the updated regulations will reflect the most recent legislation. Also. the
document will result in grouping of subject matters for ease of use.
Associate Planner Saunders turned his attention to the most significant edits in the document, which
include the use of broad definitions; consolidation and standardization of notice provisions; consolidation
of appeals, variances and deviations into one section; changes in the zoning districts, including combining
three single-household residential districts into a single district and making the residential-mobile home
district an overlay rather than a separate district; creation of a Northeast Historic Mixed Use District; creation
of a wetlands regulations chapter; revisions to the site plan review process that results in the Commission
considering planned unit developments, conditional use permits, and those applications that include
deviations or variances; implementation of common development standards; revisions to the landscaping
requirements to allow for more flexibility while ensuring that the quantity and quality of landscaping are
provided; and overhauling the improvements chapter.
Associate Planner Chris Saunders indicated that printed copies of the draft unified development
ordinance are available for review in the Planning Office and at the Bozeman Public Library, and it is posted
on the City's website.
Associate Planner Saunders distributed copies of the map forthe proposed Northeast Historic Mixed
Use District, which reflects the variety of uses within that area, and a proposed schedule of actions sheet
that identifies the various steps and anticipated dates of completion. He drew the Commissioners' attention
to the time set aside for individual or small group meetings in the Planning Office. He noted that July 22
through 31 has been identified as a time for Planning Board and Zoning Commission members to meet with
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staff, while the time for Commissioners to meet with staff is set for August 26 through 29. He asked if these
proposed dates are too late in the process, and if they would rather participate in the earlier meetings.
Mayor Kirchhoff suggested that the Commissioners be given the opportunity to participate in both
of the sessions, particularly if significant changes are being considered by the Planning Board and the
Zoning Commission. He then recognized that some of the proposed changes, such as the review process
and the wetlands regulation, will be of significant public interest.
Associate Planner Saunders noted the next proposed step is to include an insert in the utility bill,
which will reach people who don't get the newspaper. A formal draft document should be available the
week of July 7, with public hearings before the advisory boards in August and before the City Commission
in September. He indicated that a new zone map reflecting the new zoning designations will also be
presented in conjunction with the unified development ordinance.
Responding to questions from Commissioner Hietala, the Associate Planner stated that the new
"R-1" zoning district will have a 5,000-square-foot minimum lot size, with developers allowed to create
subdivisions with larger lots if they so desire. He noted that the code will also allow for a modular lot system
like the one that exists in the older part of town, stressing that this allows for diversity in development of the
area since one can purchase one or multiple lots.
Responding to questions from Mayor Kirchhoff, Associate Planner Saunders stated that under the
proposed ordinance, major site plans will be handled administratively. He indicated that deviations and
variances are to be acted upon by the Commission since they are close to the constitutional provisions of
the law and since the elected officials can best weigh and evaluate whether the proposal is meritorious and
whether the intent of the ordinance is being met.
Further responding to Mayor Kirchhoff, the Associate Planner stated that a specific set of criteria
for lighting is included in the ordinance as well as some performance standards. He noted that if those are
not met, the applicant must seek a deviation or variance, which would then be considered by the
Commission.
Mayor Kirchhoff turned his attention to the wetlands regulations. Associate Planner Saunders stated
that wetlands are currently addressed in both the subdivision regulations and zone code, but if those
wetlands are detached, there are no protections. In light of the changes in the Army Corps of Engineers
authority, however, the new ordinance provides for local control, in coordination with the Army Corps of
Engineers in certain circumstances.
Associate Planner Saunders briefly highlighted the important dates for the Commissioners to
remember, which include the individual meetings in July and August and the formal public hearing in
September.
Mayor Kirchhoff thanked Associate Planners Jody Sanford and Chris Saunders for the presentation.
Break - 3:50 to 4:05 D.m.
Mayor Kirchhoff declared a break from 3:50 p.m. to 4:05 p.m., to prepare for the work session with
the Parking Commission.
Work session with Parkina Commission
In addition to the Commissioners, the following were present for the work session.
City staff - Assistant Director of Public Safety-Support Mark Lachapelle, Staff Attorney Susan
Wordal and Assistant City Manager Ron Brey
Parking Commission members - Pam Bryan, Don McLaughlin and Chris Pope
Mayor Kirchhoff noted that the purpose of the work sessions with the various boards is to give an
opportunity for open dialogue between the Commission and its advisory boards.
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Chairman Chris Pope distributed an information sheet that contained the board's mission statement
and the topics to be discussed during this work session. He noted that the board views parking as an
economic development issue. He identified the City staff members with which the board works, noting that
the parking program would not exist without their assistance.
Mr. Pope noted that the Parking Commission was created twenty years ago as an advisory board
to the Commission; and the current board has been working together for three years, creating a working
synergy of which it is proud. He stated there are approximately 5,000 parking spaces in the downtown area,
2,000 of which are located on the street with the remainder being located off the street. He indicated that
approximately 1 ,500 of the on-street spaces have no time limit, and 470 spaces have a two-hour restriction.
Mr. Pope highlighted the program that the board inherited in 2000, which included one parking
enforcement officer, large technology issues, a backlog in collections, and a public perception that the
parking program was ineffective. He noted that, over the past two years, new technology has been
implemented, a second enforcement officer has been added, the number of lease spaces has been doubled
and the fees adjusted, and revisions have been made to some of the ordinances to strengthen the program.
Also, the board is attempting to educate the public through an advertising campaign, and they have
developed a website to allow for easier communication with the Parking Commissioners. In addition, a
review of the financial portion of the program reveals that it is still running in a deficit position, although not
as far in the red as previously; and it is the board's intent to implement additional changes to make it
revenue neutral.
Mr. Chris Pope turned his attention to the future of the program, noting that the board is looking at
the idea of creating a lot that allows parking for three to four hours; and a sub-committee is working on a
long-range facilities plan. He suggested that a combination facility that includes a parking structure could
be beneficial to the downtown, resulting in additional parking spaces and economic development in the
community's core. He stressed that, except for Christmas shopping time, the parking capacity in the
downtown exceeds the demand.
Responding to questions from Mayor Kirchhoff, Ms. Pam Bryan stated it is the board's intent to
develop a set of guidelines to present to potential developers so they know the City's vision for the
downtown.
Further responding to Mayor Kirchhoff, Mr. Don McLaughlin stated that the board sees itself in a
leadership position in enhancing Bozeman's quality for the future, which is one of the reasons for the long-
range plan and guidelines. He noted that the key issues they have identified to date include a net increase
in parking spaces, visual quality and multiple use facilities. He stressed that developing an evaluation
mechanism that helps to differentiate between good projects and those that are largely smoke and mirrors,
bait and switch, or shell games is critical.
Assistant Director of Public Safety-Support Mark Lachapelle stated that he meets with the Parking
Commission and provides reports from the street. He noted that the City now has 2% parking enforcement
officers, with the %-time position being in the MSU residential parking district. One of the full-time officers
also handles abandoned and junk vehicles, and the person who had filled the second position is now on
military deployment. Parking enforcement is a low priority for police officers; however, they have fielded
many of the abandoned and junk vehicle calls to help the parking enforcement officer.
Assistant Director Lachapelle noted that when the parking enforcement officers lost their old
automated system, they lost the ability to write parking tickets. He stated that, through the implementation
of new technology and revisions to the parking ordinances, however, they anticipate the program will
become more effective. He noted that a review of statistics revealed 8,700 tickets written in 2002 and, so
far in 2003, 5,000 tickets have been issued. He stressed the importance of continued enforcement, noting
that people ignore parking regulations if they are not constantly enforced.
Mr. Don McLaughlin noted that each stall is worth $10,000 to $50,000 to the downtown merchants
and, through the new enforcement program, he has seen those stalls beginning to turn over on a more
frequent basis and more cars parked in the lots.
Ms. Pam Bryan stated that the additional lease spaces have helped address employee parking
issues. She indicated that some employers are good at encouraging their employees to not park on the
street while others are not so good.
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Mr. Chris Pope noted that, through use of the tax increment financing (TIF) program, the City could
now bond up to $2 million toward a project that included a parking structure. He suggested that, rather than
having the parking fines go into the General Fund, they be placed in a separate fund so that it is easier to
tell if the parking program is being self-sufficient. He recognized that the collection program costs more than
it generates, particularly since a $40 fine may cost $112 to collect; however, retaining the collection system
is important to maintaining an effective program. He suggested that changing to a civil program may be
preferable to the existing criminal program, and indicated the City Attorney's office is exploring that
possibility.
Staff Attorney Susan Wordal characterized the collection program as a chess game, with her office
having a variety of options to gain payment. She then indicated that she is looking into the possibility of
converting to a civil system and cautioned that enforcement could become more complicated under that
system.
Mr. Pope noted that long-range issues for the Parking Commission include its future organization,
revisions to the structure of the program to allow for more efficient management and cash flow controls, and
to possibly become autonomous. He stated that, at the present time, the Parking Commission has no
fiduciary responsibility because it does not control all of the pieces of the program, and that may become
important as the program expands.
Responding to Mayor Kirchhoff, Mr. Pope stated the downtown would like to see additional
development and a parking facility.
Mayor Kirchhoff thanked the Parking Commission for taking the time to meet in this work session.
Recess - 5:05 p.m.
Mayor Kirchhoff declared a recess at 5:05 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 p.m.
Public review - 28-foot-wide expansion of concrete deck at south end of Boaert Pool (Z-03133)
This was the time and place set for review of the application submitted by the City's Recreation
Division under Application No. Z-03133, to allow for a 28-foot-wide expansion of the concrete deck at the
south end of Bogert Pool.
Distributed just prior to the meeting were copies of e-mails from Superintendent of Facilities and
Lands James Goehrung and from Anne Banks, member of the Recreation and Parks Advisory Board,
voicing support for this project.
Planning Director Andy Epple presented the staff report. He noted that under this application, the
concrete deck at Bogert Pool is to be expanded by adding approximately 1,620 square feet on the south
end of the existing deck. He stated that this will provide additional area for those wishing to sunbath, watch
their children without getting wet, or simply relax. He noted that this item is being submitted to the
Commission for consideration because it is not identified in any of the plans for development in Bogert Park
that have previously been seen by the Commission.
The Planning Director 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. He briefly summarized those
findings and forwarded staff's recommendation for approval, subject to one condition requiring that the fence
be masonry with vertical members to coordinate with the remainder of the fence rather than the pole fence
proposed.
Pool Manager Eric Seagrave indicated a willingness to respond to questions.
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No one from the public was present to comment on the prosed deck expansion.
It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the application
submitted by the City's Recreation Division under Application No. Z-03133, to allow for a 28-foot-wide
expansion of the concrete deck at the south end of Bogert Pool, be approved subject to the following
condition:
1. The fencing support for the upper portion of the wall should be cement block pillars
painted to match the color sequence of the existing wall to create a "window"
appearance rather than continuous fencing.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman,
Commissioner Hietala, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none.
Public hearina - Maior Site Plan with Certificate of ADDroDriateness - allow construction of a 17 .223-
sauare-foot two-stOry bank establishment on Lots 1-4. Block C. StOry'S Addition - First Interstate
Bank (202 West Main Street) (Z-03071 )
This was the time and place set for the public hearing on the Major Site Plan with Certificate of
Appropriateness requested by First Interstate Bank for Buz Cowdrey under Application No. Z-03071 , to allow
construction of a 17,223-square-foot two-story bank establishment on Lots 1 through 4, Block C, Story's
Addition. The subject property is located at the southwest corner of the intersection of West Main Street
and South Grand Avenue and is known as 202 West Main Street.
Mayor Kirchhoff opened the public hearing.
Urban Designer Candace Honatke presented the staff report. She stated that under this application,
a two-story bank structure is to be located where the Firestone building was formerly located. She noted
that the bank will have its offices and bank on the first level, with some possible leased office space on the
second level. She indicated that parking is to be located along the South Grand Avenue frontage, between
the building and West Babcock Street. She noted that staff review of this application has revealed a
deviation from Section 18.50.080 of the Bozeman Municipal Code is needed to allow the corner of the
building to encroach into the street vision triangle at the intersection of South Grand Avenue and West Main
Street.
The Urban Designer 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. She noted that staff is
supportive of the deviation since this project is reflective of other development in the downtown area, since
the encroachment is small, and since the intersection is signalized. She then forwarded staff's
recommendation for approval of the overall project, subject to several conditions.
Mr. Scott Bechtold, CTA Architects, stated concurrence with the staff report. He indicated that this
is to be a two-story building with a daylight basement, giving it a 2~-story appearance. He noted that most
of the structure is to be occupied by First Interstate Bank, with 3,200 square feet of tenant office space. The
exterior is to be three colors of brick with light granite base and a cast stone cornice. The mansard roof is
designed to help with the scale of the structure and will screen the rooftop mechanical equipment. The
eyebrow canopies and entrance canopies are to be a combination of steel and wood, to add further detail
to the structure. He concluded by noting that both the Historic Preservation Advisory Board and the
Downtown Bozeman Partnership have indicated their support for the project.
Father Leo Proxell, Holy Rosary Church, stated he has concerns about parking for this building and
what impacts it might have on the church's property. He noted that their parking lot is often used as a public
parking lot, and he is concerned that overflow parking from the bank will use it as well. He asked if the
parking requirements will be met without infringing on the other existing parking spaces in the area.
Urban Designer Candace Honatke responded that a careful review of this application revealed that
the combination of on-site parking spaces and the spaces provided through the downtown parking SID
generate more than enough parking spaces to meet the zone code requirements. She indicated that 49
parking spaces are required for this project, and the applicant is proposing 22 parking spaces plus two
disabled parking spaces in the parking lot. Under the downtown parking SID, 34~ parking are attributed
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to this subject parcel, although those spaces are not necessarily immediately adjacent to this site. She then
indicated that the on-street parking adjacent to the property was not included in the calculations, and
estimated that 12 spaces would be available along those frontages.
Mr. Steve Wheeler, President of First Interstate Bank, recognized the need for parking and stated
that the bank employees will not be allowed to park in the parking lot or on the street adjacent to the
business. He noted that the building will include the bank's corporate headquarters, where processing for
the outlying branches will occur; and he anticipates that the bank will largely serve commercial needs. He
stressed that the tenant will be subject to the same rules as the bank personnel. As a result, only the
customers will be using the bank parking lot and the street.
Mr. Frank Munshower, member of Holy Rosary Church, asked if apartments are proposed on the
second floor and asked that the number of spaces required and provided be reviewed.
Mr. Steve Wheeler noted that previous proposals for development on this site have included
apartments on the upper floor. This proposal, however, does not; it includes only one office tenant space
containing 3,200 square feet.
Mayor Kirchhoff reviewed the number of parking spaces required and provided, noting that 24
spaces are provided on site, approximately 12 spaces are available on the street, and 49 spaces are
required. He observed that there is typically a shortage of parking spaces for projects developing in the
downtown area and, once a business opens, the situation normalizes itself.
Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing.
Planning Director Epple indicated that a review of the notice for this project suggests that the
deviation may not have been advertised and suggested that the Commission's action include direction to
staff to ensure that proper notice was given. He indicated that if it was not, then staff will bring back the
deviation for separate action.
Mayor Youngman voiced her support for this project, noting it is a good looking building that will be
an asset to the downtown.
Mayor Kirchhoff stated he is mindful of the parking issues and asked that the applicant remain
attentive to the concerns of the neighbors and work with them to address any problems.
It was moved by Commissioner Hietala, seconded by Commissioner Cetraro, that the Major Site
Plan with Certificate of Appropriateness requested by First Interstate Bank for Buz Cowdrey under
Application No. Z-03071 , to allow construction of a 17 ,223-square-foot two-story bank establishment on Lots
1 through 4, Block C, Story's Addition, with deviation from Section 18.50.080 of the Bozeman Municipal
Code to allow the corner of the building to encroach into the street vision triangle at the intersection of South
Grand Avenue and West Main Street, be approved subject to staff determination that the deviation was
properly noticed and subject to the following conditions:
1. The applicant shall provide two handicap accessible parking spaces on site, one of
which is van accessible. The architectural and engineering representatives shall
coordinate drawing sheets to indicate that two handicap accessible parking spaces
are provided adjacent to South Grand Avenue. One space shall be designated "Van
Accessible" and appropriately marked as such.
2. The final site plan submittal shall include a color rendering and a materials and color
palette to confirm the overall building scheme, as proposed, in order to verify
compatibility with architectural treatment requirements of the overlay and adjacent
historic districts.
3. The boulevard trees along Main Street and South Grand Avenue are proposed to
be Fraxinus pennsylvanica, Green Ash, and are appropriate street trees for these
boulevards. However, the Forestry Division has recommended that a variety of
trees be used for boulevard plantings. It has been suggested that the applicant use
some Black Ash, Honey Locust, or other appropriate street tree species or varieties.
All trees shall be located outside the street vision triangle for the subject property or
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have minimum canopy heights allowed in the street vision triangle. Applicant shall
contact the Montana Department of Transportation for the review and approval of
the street tree locations along Main Street. Applicant shall obtain the necessary
boulevard tree permits from the Forestry Division.
4. Applicant shall install historic period lighting along West Main Street and South
Grand Avenue and within the interior parking lot areas. Applicant shall utilize the
same manufacturer, style, and lamp as provided with the downtown streetscape
project. Applicant shall contact the Planning Office or Stahley and Associates for
the appropriate manufacturer, style number and lamp specifications.
5. Applicant shall provide historically appropriate street furniture (benches, trash
receptacles, etc.) within the pedestrian courtyards along South Grand Avenue. All
details, specifications, and locations shall be shown on the final site plan and subject
to review and approval by the City Engineering and Planning Departments prior to
final site plan approval.
6. Applicant shall install Neenah Foundry or "approved equal" tree grates along West
Main Street and South Grand Avenue. Applicant shall provide cut sheets for
proposed tree grates to the Planning Department for review and approval. Applicant
shall contact the Planning Department for Neenah Foundry tree grate style and
model number, if desired.
7. That the applicant provide on the site plan and exterior elevations the location of all
roof-top and/or ground-mounted mechanical and utility equipment, including ground-
mounted mechanical power and telephone boxes, as well as a typical detail(s)
illustrating the materials, color, and method of screening used to screen the
equipment from adjacent properties and public streets, for review and approval by
the Planning Office prior to issuance of a Certificate of Appropriateness and final site
plan approval.
8. Bicycle racks shall be installed in safe areas for employee and customer use.
9. All areas intended for permanent parking and ingress/egress shall be paved with
concrete or asphalt and be marked with painted lines.
10. Curbing within parking lot shall be 6-inch concrete curbing, adjacent to planting beds
and pedestrian areas.
11. Automatic, underground irrigation shall be applied to all plant material.
12. The applicant must submit seven (7) copies of a final site plan within six months of
preliminary approval containing all of the conditions, corrections and modifications
to be reviewed and approved by the Planning Department.
13. That the owner 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. In addition, if improvements have not been completed at applicant's
request for occupancy, the applicant shall financially guarantee these improvements.
Detailed cost estimates, construction plans and methods of security shall be made
a part of that agreement. Improvements (Le. landscaping and irrigation) must be
installed within nine months of occupancy.
14. A comprehensive signage plan shall be submitted to the Planning Office and Vicki
Hasler, Code Enforcement Officer at the Department of Planning and Community
Development, 20 East Olive Street, prior to the installation of any new signage, for
review, approval and permitting.
15. A Certificate of Appropriateness shall be issued to applicant at which time a final site
plan has been approved by the Planning Director. The Certificate of Appropriateness
is valid for one year from date of issuance.
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16. Landscape plans shall be prepared by a qualified person such as a registered
Montana landscape architect; an individual with a degree in landscape architecture
and two years of professional design experience; or an individual with a degree in
a related field (such as horticulture, botany, plant science, etc.) and at least five
years of professional design experience per Section 18.49.040.C.3.
17. All canopy trees shall be planted at least four feet from paved surfaces and parking
areas per Section 18.49.060 of the Bozeman Municipal Code.
18. According to Section 18.50.035.A, Bozeman Municipal Code, lighting plan shall
incorporate deflection of light downward and away from existing properties. All
existing and proposed light fixtures and lamps must be designed within the code
requirements.
19. 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.
20. The final improvement drawing shall be adequately dimensioned. A legend of all
pertinent line types used shall also be provided.
21. All existing utility and other easements must be shown on the final site plan.
22. The applicant shall determine which existing water and sewer service lines will be
utilized for the proposed development. All expenses for utility work shall be incurred
by the applicant. All work performed on water and sewer service lines shall be
performed by the applicant's contractor with the exception of capping of the sewer
main and disconnection of the water service at the main, which shall be done by the
City of Bozeman's Water and Sewer Department. Applicant shall coordinate these
projects with the Water and Sewer Department. Any sewer services not used shall
be capped within five (5) feet of the property line.
23. The building permit submittal materials shall include a soils report.
24. At the request of the City Forester, any electrical boxes to be installed at the
proposed West Main Street and South Grand Avenue tree locations shall be
installed as far away from the tree trunks as possible (Le., attached to the inside of
the tree guards). Please note that electrical box installations will not be permitted
outside the tree guards to prevent possible trip hazards.
25. The report submitted by Resource Technologies, Inc. (RTI), dated February 8,2002
indicates that on-site soils are contaminated with petroleum hydrocarbons and
various metals (barium, chromium, and lead). Based on concentrations and
Montana Department of Environmental Quality (MDEQ) action levels, RTI suggests
that remediation is not required for soils left in place. However, please be advised
that any soil requiring excavation and off-site disposal is potentially subject to
remediation prior to removal and disposal.
26. A Stormwater DrainagelTreatment Grading 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's Office. The plan shall include the following:
1) sufficient spot elevations or grading contours demonstrating adequate drainage
from proposed site improvements to the proposed storm drain inlets, 2) stormwater
discharge destination, and 3) a Stormwater Facility Maintenance Plan. A sump is
required for the proposed on-site curb inlet. Please provide a detail for the curb inlet
with the final site plan.
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27. Plan and profile of the proposed storm sewer service line as well as details outlining
the proposed connection to the existing City of Bozeman storm sewer located in
South Grand Avenue shall be submitted to and approved by the City Engineer's
Office prior to initiation of construction.
28. Plans and specifications for the 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 line or fire protection system. The applicant shall also provide
professional engineering services for construction inspection, post-construction
certification, and preparation of mylar record drawings.
29. Existing sewer and water mains shall be clearly identified as existing. All fire
hydrants immediately adjacent to the site shall be clearly depicted.
30. Sewer and water services shall be approved by the Water/Sewer Superintendent.
City of Bozeman applications for service shall be completed by the applicant.
31. Restricted parking along West Main Street, South Grand Avenue, and West
Babcock Street frontages shall be designated by appropriate Manual Uniform Traffic
Control Devices (MUTCD) "no parking" signage, and yellow painted curb. Specific
locations of signs and painted curb will be determined by the City of Bozeman
Engineering and Street Departments.
32. The applicant is advised that a street cut permit will be required for any related utility
work, etc., requiring saw-cutting of pavement in Grand Avenue. Street cut permits
are available at the City Engineer's Office.
33. The West Babcock Street access shall be adequately signed for "Left Turn Only"
upon egress.
34. The canopy tree west of the site on Babcock Street shall be trimmed. If this is a
boulevard tree, a permit shall be obtained from the City Forester prior to trimming.
If the tree is located on private land, the owner shall be contacted prior to trimming.
35. Proposed drive approaches shall be constructed in accordance with the City of
Bozeman non-residential driveway approach requirements. Details shall be included
on the final site plan and will be subject to review and approval by the City
Engineer's Office.
36. The curb and gutter along the South Grand Avenue frontage shall be replaced with
City of Bozeman standard concrete curb and gutter (Standard Drawing No.
02528-1 ).
37. The existing catch basin located along West Babcock Street near the intersection
with South Grand Avenue shall be replaced with a standard storm drain inlet in
accordance with Section 02721 of the current City of Bozeman Modifications to
Montana Public Works Standard Specifications.
38. Concrete curbing shall be provided around the entire new parking lot perimeter and
adequately identified on the plans. In addition, the appropriate concrete curb and
gutter details (standard, inverted, drop, etc.) and typical asphalt paving section detail
shall be provided to and approved by the City Engineer.
39. Any cracked or unserviceable sidewalk panels located along the Babcock Street
frontage shall be replaced in accordance with Section 02529 of the current City of
Bozeman Modifications to Montana Public Works Standard Specifications.
40. The City Engineer's Office will require an encroachment permit for work performed
in Grand Avenue. A schedule outlining the required temporary street closure dates
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as well as necessary traffic control plans will be required prior to building permit
issuance.
41. Applicable permits for Main Street encroachments, etc., will be required from the
Montana Department of Transportation. Copies shall be submitted the City
Engineer'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 Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting No, none.
Public hearina M Certificate of ADDroDriateness with deviation from Section 18.50.070.A.. Bozeman
MuniciDal Code. to allow a 6-foot-hiah fence in the corner side yard on Lots 8-12. Block 15. Park
Addition - Jennifer Rowntree for Susan A.T. MacGrath. 319 South 3rd Avenue (Z-03103)
This was the time and place set for the public hearing on the Certificate of Appropriateness
requested by Jennifer Rowntree for Susan AT. MacGrath under Application No. 2-03103, with a deviation
from Section 18.50.070.A of the Bozeman Municipal Code to allow a 6-foot-high fence in the corner side
yard on Lots 8 through 12, Block 15, Park Addition. The subject property is located at 319 South Third
Avenue.
Mayor Kirchhoff opened the public hearing.
Planning Director Epple presented staff report on behalf of Historic Preservation Planner Hillary
Hertler. He stated that the subject property is located at the intersection of South Third Avenue and West
Koch Street and extends back to South Fourth Avenue. He indicated that under this application, the solid
wood fence around the back yard is to be removed and replaced with a wrought iron fence. He stated that
the fence will not exceed the 48-inch height limitation in the front yard, but the applicant proposes to
construct a 6-foot-high fence in the corner side yard for West Koch Street and South 4th Avenue.
The Planning Director 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. He briefly highlighted those
findings and forwarded staff's recommendation for approval, subject to three conditions.
Ms. Jennifer Rowntree, representing the applicant, voiced concurrence with the staff report and
indicated a willingness to respond to questions.
No one spoke in opposition to the proposed fence.
Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing.
It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the Certificate
of Appropriateness requested by Jennifer Rowntree for Susan AT. MacGrath under Application No.
2-03103, with a deviation from Section 18.50.070.A of the Bozeman Municipal Code to allow a 6-foot-high
fence in the corner side yard on Lots 8 through 12, Block 15, Park Addition, be approved subject to the
following conditions:
1. The six-foot high fence shall be constructed of metal and built "finished side out," per
Section 18.50.070 "Fences, walls and hedges" of the Bozeman Municipal Code.
2. If necessary, the applicant shall obtain a building permit within one year of
Certificate of Appropriateness approval or this approval shall become null and void.
3. 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.
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The motion carried by the following Aye and No vote: those voting Aye being Commissioner Cetraro,
Commissioner Youngman, 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 ) Copy of the letter from the Historic Preservation Advisory Board to the various award
winners, announcing the awards ceremony scheduled for 7:00 p.m. on Saturday, June 14, at the T.B. Story
Mansion.
(2) Letter from Michael E. Vincent expressing concern about night time parking for apartments
in the downtown area.
(3) Updated listing ofthe planning projects to be considered at upcoming Commission meetings,
dated June 4, 2003.
(4) Agenda for the School District NO.7 Board of Trustees meeting to be held at 7:00 p.m. on
Monday, June 9, at the Willson School.
(5) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, June 10,
in the Commission Room.
(6) Agenda for the County Planning Board meeting to be held at 6:30 p.m. on Tuesday, June
10, in the Commission Room, along with minutes from the meeting held on May 27.
(7) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on
Tuesday, June 10, at the Professional Building.
(8) Memo from Planning Secretary Tara Hastie announcing that there will be no Design Review
Board meeting on Tuesday, June 10, due to the lack of agenda items.
(9) Newsletter from Headwaters Recycling, announcing that the next meeting is scheduled for
June 10 in Big Sky.
(10) City Manager Johnson submitted the following. (1) Noted that 1 ~ days of fact finding with
Local 613 Firefighters has just been completed. He noted that both sides have twenty days to submit written
briefs, and a written decision is anticipated in mid-August. (2) Responded to a question from Commissioner
Youngman regarding the Neighborhood Coordinator position, noting that the deadline for applications was
Friday, pre-screening of those applications is taking place at this time, and he hopes to be conducting
interviews by next Wednesday. (3) Reminded the Commissioners that he will be attending a conference
on Wednesday through Friday this week and will be out of town on Saturday through Tuesday. (4) Stated
that Director of Public Service Debbie Arkell is out of the office today because her husband encountered
back problems this morning.
(11 ) City Manager Johnson asked for policy direction from the Commission regarding recent
requests he has received for the City to act as the purchaser of property. In this instance, he noted that the
Department of Military Affairs is putting the Bozeman Armory back up for auction since the previous auction
resulted in no bidders. He indicated that one option is for the Department to sell the property back to the
original land owner or to a significant participant without going through the auction process, and they have
determined the City of Bozeman is a significant participant because of the tax revenues lost while the
property has been in government ownership. He noted that two non-profits have approached him with an
interest in purchasing the property from the City if it were willing to purchase the property initially, and asked
for Commission input on whether the City should serve as an intermediary.
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Mayor Kirchhoff noted it is difficult to address the issue without more specifics but suggested that
if community good can be identified, it may be appropriate for the City to serve as intermediary. He asked
what the City's financial commitment would be.
City Manager Johnson responded that the City's financial commitment would be $815,000, which
is the recent appraisal. He cautioned that under State statute, the property cannot be sold for less than
market value, although he acknowledged that value may drop if there are no bidders at the next auction.
He indicated that if the Commission wishes the City to serve as intermediary, he will need to include both
the expenditure and the revenues from resale in the budget for the upcoming year, stressing that the City
has no need to retain ownership of the property.
Further responding to questions from Mayor Kirchhoff, the City Manager indicated that the City may
sell the property by placing it on the market through a realtor, similar to the way an individual would. The
City Attorney cautioned that, as a governmental agency, the City must also receive fair market value for the
property. He suggested that, if the City wishes to preference sale to a non-profit agency, it could probably
do so after holding a public hearing.
In response to additional questions from Mayor Kirchhoff, the City Manager indicated that the City
is under a short timeframe for making a decision, since the Department of Military Affairs has indicated its
intent to begin advertising for auction. He noted that if the City chooses to acquire the property, there is a
60-day period after which a public hearing will be held, the Land Board must meet and decide to sell the
property in this manner, and then the sale could probably close in January. Under the auction process, the
auction must be advertised for thirty days, with closing on the property to be no more than thirty days after.
The Commissioners briefly discussed the issue, recognizing the benefits that would arise from the
City having control of the future use of the site, recognizing the need for additional information and
conversation prior to establishing a policy, and acknowledging the City Manager's expertise in this area.
They further recognized the importance of ensuring that the process meets all legal requirements.
(12) Planning Director Epple submitted the following. (1) A periodic meeting between the Planning
Office and the MSU campus planning committee was held on Wednesday morning. He noted it is a good
tool for each entity keeping the other informed of upcoming projects and issues. (2) Noted that he and
Commissioner Youngman have been meeting with the Community Affordable Housing Advisory Board to
make revisions to the BAE affordable housing study prior to submitting it to the Commission for
consideration. (3) Stated the Bozeman Creek neighborhood plan has been consuming a lot of staff time
and received considerable discussion at last week's Planning Board meeting. (4) Announced that Grants
Administrator Sara Folger will make a presentation on her first six months in this position at the June 23
Commission meeting.
(13) Commissioner Youngman stated that Jerry Williams, developer of Baxter Meadows
Subdivision, has called to ask her to walk the property, particularly since a pre-application for the next phase
is in process. She suggested this could be advertised as a special meeting so that anyone could attend,
noting that the walk is scheduled for approximately 10:30 a.m. on Tuesday, June 10.
City Attorney Luwe cautioned that, even if a majority of the Commissioners do not attend, minutes
will need to be taken.
(14) Commissioner Youngman submitted the following. (1) Participated in a meeting with the
Community Mediation Center to informally discuss changes to the mediation program that will make it work
better for the applicant, the community, the neighbors and the planners. (2) Noted it was a pleasure to give
Anne Banks her plaque for her volunteer work on trails. (3) Announced that she will be attending the
Montana League of Cities and Towns Board meeting in Helena on June 19.
(15) Commissioner Youngman noted that the Southwest Montana Building Industry Association
(SWMBIA) has submitted a letter to the Community Affordable Housing Advisory Board (CAHAB) critiquing
some of the data in the BAE affordable housing study but providing no alternative ways to meet the housing
needs. She noted, however, that in a conversation with SWMBIA representatives, they identified an initial
list based on discussion with their national organization. She stated it is a pleasure to note that Bozeman
has done most of those things already; however, she noted that also means all the easy steps have been
taken, leaving only the more difficult ones. She then indicated that there will be significant changes to the
affordable housing plan when it is submitted to the Commission for consideration.
06-09-03
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Adjournment - 8:10 p.m.
There being no further business to come before the Commission at this time, it was moved by
Commissioner Hietala, seconded by Commissioner Cetraro, that the meeting be adjourned. 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, none.
STEdK~~
ATTEST:
r?~ J~
ROBIN L. SULLIVAN
Clerk of the Commission
06-09-03
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