HomeMy WebLinkAbout2003-04-28 Minutes, City Commission
MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN,MONTANA
April 28, 2003
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The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal
Building, on Monday, April 28, 2003, at 3:00 p.m. Present were Mayor Steve Kirchhoff, Commissioner
Marcia Youngman, Commissioner Lee Hietala, Commissioner Jarvis Brown, Commissioner Andrew Cetraro,
City Manager Clark Johnson, Director of Public Service Debbie Arkell, Planning Director Andy Epple, Staff
Attorney Patricia Day-Moore and Deputy Clerk of the Commission Carolyn Wilmont.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
Mayor Kirchhoff requested that the proclamation for "Loyalty Day" be removed from the Consent
Items.
Minutes - Januarv 18. 2000. and April 14 and April 21. 2003
Mayor Kirchhoff deferred action on the minutes to the evening session.
Proclamation - "Loyalty Day" - May 1. 2003
Mayor Kirchhoff read the proclamation into the record.
It was moved by Commissioner Youngman, seconded by Commissioner Hietala that the
Commission concur in the Mayor's proclamation. 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.
Consent Items
City Manager Johnson presented to the Commission the following Consent Items.
Ordinance No. 1594 - addina Chapter 2.98 to the Bozeman Municipal Code. providing
for creation of the Bozeman Area Bicycle Advisorv Board: finallv adopt
ORDINANCE NO. 1594
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY ADDING
CHAPTER 2.98 OF SAID CODE, PROVIDING FOR THE CREATION OF THE BOZEMAN
AREA BICYCLE ADVISORY BOARD AND ESTABLISHING THE DUTIES AND
RESPONSIBiliTIES THEREOF.
Ordinance No. 1595 - zone code amendment - Section 18.16.060 of the
Bozeman Municipal Code. modifvina building heiaht restrictions in "R-2"
zoning district: finallv adopt
ORDINANCE NO. 1595
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
PROVIDING THAT SECTION 18.16.060 OF THE BOZEMAN MUNICIPAL CODE BE
AMENDED BY MODIFYING BUilDING HEIGHT RESTRICTIONS IN THE "R-2"
RESIDENTIAL-SINGLE-HOUSEHOLD, MEDIUM-DENSITY, ZONING DISTRICT.
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Commission Resolution No. 3590 - amendina cemetery fees charged for Sunset Hills
Cemetery. effective Mav 10. 2003
COMMISSION RESOLUTION NO. 3590
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
AMENDING THE CEMETERY FEES CHARGED FOR THE SUNSET HILLS CEMETERY.
Commission Resolution No. 3591 - authorize City Manaaer to sian Chanqe Order No.
3 for Wastewater Treatment Plant modifications - Williams Plumbina and
Heatina. Inc.. Bozeman. Montana - add $82.652.46 and 25 calendar days
COMMISSION RESOLUTION NO. 3591
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
APPROVING AL TERATION/MODIFICATION OF CONTRACT WITH WILLIAMS
PLUMBING AND HEATING, INC., BOZEMAN, MONTANA.
Commission Resolution No. 3592 - authorize City Manaaer to sian Chanae Order No.
1 for 2002 Street Improvements. Schedule II - JTL Group. Inc.. Belarade.
Montana - add $3.157.00 and 2 calendar days
COMMISSION RESOLUTION NO. 3592
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
APPROVING AL TERATION/MODIFICATION OF CONTRACT WITH JTL GROUP, INC.,
BELGRADE, MONTANA.
Authorize City Manaaer to sian - Household Hazardous Waste Collection Aareement
between Onyx Environmental Services. LLC. and City of Bozeman - for
Conditionally Exempt Small Quantity Generator collection event on Friday.
May 30. and Household Hazardous Waste collection event on Saturday. May
31.2003
Approyal of Amended Final Plat of Lots 42-1 throuah 42-8 of the Amended Plat of Lots
41 and 42. Bridaer Creek Subdivision. Phase I (aaareaate 8 existina residential
lots on 0.84 acres into 5 lots) (northwest corner of intersection of Valhalla
Court and Boylan Road) (P-02055)
Authorize City Manager to sign - Settlement Aareement for Riaht of Way Acauisition
and Purchase and Construction Easement Acauisition - between City and
Sadun S. and Alice S. Tor. 1005 West Durston Road (alona north side of
Durston Road)
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.
Presentation of awards: (A) Karen Finke. Staff Enaineer - Rocky Mountain Region APWA Award -
New to Public Works Member of the Year: (B) Mark Kottwitz. Solid Waste Superintendent - Rocky
Mountain Reaion APWA Award - Outstandina Landfill Operation for City of Bozeman Solid Waste
Compost Program
Director of Public Service Debbie Arkell presented Staff Engineer Karen Finke with the Rocky
Mountain Region American Public Works Association "New to Public Works Member of the Year" award
in recognition of her work on the transfer station siting process, with the Department of Environmental
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Quality on stormwater permitting regulations and standards, and for organizing and managing the annual
household hazardous waste collection event.
The Director of Public Service then presented to Solid Waste Superintendent Mark Kottwitz the
Rocky Mountain Region American Public Works Association "Outstanding Landfill Operation" award in
recognition of the City's solid waste composting program. She also presented Mark with acertificate from
the Breakfast Optimist Club in recognition of his contribution to the Youth Program for assisting at the
"Garagarama" event earlier this month.
Mayor Kirchhoff expressed appreciation for Karen's and Mark's efforts and noted that both are very
worthy of the awards.
Informal review - proposal to redevelop vacant tenant space containina 2.089 sauare feet at
southeast corner of intersection of West Main Street and South 7th Avenue into an Italian restaurant
with beer and wine - Bill Neubauer for 628 West Main Street (1-03011 )
Included in the Commissioners' packets was a memo from Urban Designer Candace Honatke, dated
April 23, 2003, forwarding the request for comment on a proposal for reuse of the vacant tenant space at
628 West Main Street as an Italian restaurant serving beer and wine.
Urban Designer Honatke stated that the applicant is proposing to reuse the space previously
occupied by the Rocky Mountain Rug Gallery as a country style Italian bistro with approximately 10 tables
inside, to serve 25 to 30 people, and possibly a few tables outside along South 7th Avenue. The site is
zoned "B-2," Community Business District, and is located in the Neighborhood Conservation Overlay
District. She noted that although Planning staff is eager to see the space reused, parking and access are
a problem; and staff would not support this proposal unless the applicant can acquire shared parking
through formal agreement with surrounding businesses or property owners. She then noted that Mr.
Neubauer is currently in Italy attending culinary school.
Responding to Mayor Kirchhoff, the Urban Designer stated that there are approximately 9 parking
spaces on site; however, 25 to 30 would be required. She noted that the 9 spaces do not include street
parking on West Babcock and South 7th. She then indicated there are no handicapped accessible spaces
available for either of the vacant tenant spaces in the building, a necessary requirement for any reuse of
the building.
Planning Director Andy Epple stated that even though there are 9 parking spaces on site, some of
those are used by the interior design business located in the building. Some would also be required should
the other vacant space in the building become occupied; therefore, this restaurant would require an
extensive deviation for parking. He then noted that the Bozeman Municipal Code requires any off-premise
parking spaces to be subject to a perpetual lease, and many of the surrounding property owners are
reluctant to sign such a lease.
Commissioner Youngman stated support for a modest deviation from parking requirements but
expressed concern with the degree to which this would be out of compliance. She noted she had received
a citizen e-mail raising concerns about the Montana Department of Transportation's plans for improvements
to West Main Street and the intersection with North 7th Avenue, and she questioned whether those plans
would create additional problems.
Director of Public Service Debbie Arkell stated that all improvements are to be completed within the
existing rights-of-way.
Commissioner Hietala suggested structuring a shared parking arrangement with surrounding
businesses, with such an arrangement serving to generate activity and attract business for all.
Commissioner Cetraro stated that he would want to see a commitment for 27 parking spaces.
Commissioner Brown acknowledged that this is a charming proposal but stated that all the parking
cannot be designated for one business when there are others on the site. He stated that he could support
a slight deviation, but that this would require more than that.
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Mayor Kirchhoff stated support for the applicant's efforts, but the deviations are extensive enough
to cause a great deal of concern. He noted that obtaining shared parking would provide only a partial
solution and encouraged him to pursue a more suitable location for his restaurant.
Discussion - FYI Items
The following "For Your Information" items were forwarded to the Commission.
(1 ) Memo from Superintendent of Facilities and Lands James Goehrung, dated April 15, seeking
direction on a request from the Sierra Club of Bozeman to allow the sale of items during a Lewis and Clark
Day event at the Bozeman Ponds.
(2) Updated list of planning projects, dated April 18, to be considered at upcoming Commission
meetings.
(3) Agenda for the School Board meeting to be held at 7:00 p.m. on Monday, April 28, at the
Willson School.
(4) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, April 29,
in the Commission Room.
(5) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on
Tuesday, April 29, at the Professional Building.
(6) Letterfrom Montana Department of Environmental Quality clarifying the location ofthe public
meeting on the Holcim proposal to burn tires, which will be held at 7:00 p.m. on Tuesday, April 29, at the
Manhattan Elementary School.
(7) Minutes from the Gallatin City-County Health Board meeting held on February 27,2003.
(8) Per Commissioner Hietala's request, City Manager Johnson distributed copies of the Buy-
Sell agreement for the proposed transfer station site at Griffin Drive and Manley Road. Discussion ensued
on the Montana Rail Link (MRL) easement through the property, for which MRL now claims ownership, and
whether the site is still a viable location for the transfer station. City Manager Johnson noted that the Buy-
Sell expires on May 15.
(9) City Manager Johnson stated that on Thursday he will be going on a bus tour from Helena
to Bozeman, Yellowstone Park and Cody, Wyoming, in the company of Secretary of State Brown, with
discussion expected on Montana's role in providing alternative fuels.
(10) Director of Public Service Debbie Arkell distributed a notice of the Household Hazardous
Waste Collection Event to be held on Saturday, May 31, at the Gallatin County Fairgrounds. She noted that
computers and televisions (e-waste) will be accepted this year and taken to Pacific Steel in Helena.
(11 ) Commissioner Youngman stated that the Bay Area Economics consultant will be presenting
his final draft of recommendations for the affordable housing plan next Monday and asked if the
Commissioners had questions to be addressed.
(12) Mayor Kirchhoff presented a draft of a letter to David Klemp, Department of Environmental
Quality, regarding Holcim's proposal to burn tires in its cement kilns; and asked if the Commissioners
approved of writing it on their behalf. The Commissioners authorized the Mayor to do so. Mayor Kirchhoff
stated that he will read the letter into the record at the meeting on Tuesday evening in Manhattan.
(13) City Manager Johnson noted that House Bill 94, which requires all agencies to include an
item on the agenda to allow public comment on any public matter within jurisdiction of that agency, passed
last Thursday and was effective immediately.
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Public Comment
Mayor Kirchhoff asked whether any member of the public wished to comment on any matter not
included on today's agenda; no comments were offered.
Recess - 4:40 p.m.
Mayor Kirchhoff recessed the meeting at 4:40 p.m., to reconvene at 7:00 p.m. to conduct the
scheduled public hearings and complete the routine business items.
Reconvene - 7:00 p.m.
Mayor Kirchhoff reconvened the meeting at 7:00 p.m.
Minutes - January 18. 2000. and April 14 and April 21. 2003
It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the minutes of the
meeting of April 14, 2003, be approved as amended and that the minutes of the meeting of April 21, 2003,
be approved as submitted. 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.
Mayor Kirchhoff deferred action on the minutes of the meeting of January 18, 2000, to a later date.
Continued public hearina - Conditional Use Permit - allow sale of alcoholic beveraaes on Tract 48.
Rearrangement of Tract 4 of the Rearrangement of Elks Club Property - Elks Lodae 463 for Richard
and Karen Harte (205 Haaaertv Lane) (Z-03032)
This was the time and place set for the continued public hearing on the Conditional Use Permit
requested by the Elks Lodge No. 463 for Richard and Karen Harte under Application No. Z-03032, to allow
the sale of alcoholic beverages in the building on Tract 46, Rearrangement of Tract 4 of the Rearrangement
of the Elks Club Property. The subject property is located at 205 Haggerty Lane.
Mayor Kirchhoff opened the continued public hearing.
Assistant Planner Susan Kozub presented the staff report. She stated that this application is to allow
remodeling of a portion of the old Sports and Courts building at 205 Haggerty Lane for use by the Elks
Lodge and transfer of a liquor license for the on-premise sale and consumption of all alcohol. She noted
that the property owners, Richard and Karen Harte, applied for a reuse application and were issued a
Certificate of Appropriateness in August 2002. Several site improvements including parking lot landscaping,
striping, and curbing are required with that application and are to be completed this spring. The Elks Lodge
proposal includes replacement of several windows, expansion of the deck area, additional landscaping and
screening of mechanical equipment.
Assistant Planner Kozub 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 forwarded staff's
recommendation for approval contingent upon compliance with the Bozeman Municipal Code and eleven
conditions. She briefly highlighted those conditions and stated that no public comment has been received
regarding this application.
Mr. Roger Layton, Trustee for Elks Lodge No. 463, stated that the building and property located at
106 East Babcock Street were recently sold; and the Lodge will relocate to the Haggerty Lane site. It will
continue with the fraternal organization functions, but it will not offer space for use by the public as it has
in the past.
No one was present to speak in opposition to the proposed reuse.
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Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing.
It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the
Conditional Use Permit requested by the Elks Lodge No. 463 for Richard and Karen Harte under Application
No. Z-03032, to allow the sale of alcoholic beverages in the building on Tract 4B, Rearrangement of Tract
4 of the Rearrangement of the Elks Club Property, 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 approval.
2. A copy of the State Revenue Department On-Premise License to serve alcohol in
the Elks Lodge at 205 Haggerty Lane shall be submitted to the Planning Office prior
final approval. Furthermore, any expansion, modification, or enlargement in the
scope of the on-premise liquor license or its use, as established as of the date of
issuance of the license, shall require another authorized Conditional Use Permit.
3. Per Guideline B.6 ofthe Design Objectives Plan, the applicant shall verify on the site
plan and exterior elevations the placement of any mechanical, air exchange, and
utility equipment. The method of screening for any equipment shall be delineated
on both the site plan and exterior elevations for review and approval by Planning
Staff prior to final site plan approval.
4. 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.
5. The applicant shall enter into an Improvements Agreement with the City to
guarantee the installation of 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 installed
at the time of occupancy. Said method of security shall be valid for a period of not
less than twelve (12) months; however, all on-site improvements shall be completed
by the applicant within nine (9) months of Planning Department approval.
6. Seven (7) copies of the final site plan containing all of the conditions, corrections
and modifications approved by the City Commission shall be submitted for review
and approval by the Planning Director within six months of the date of approval.
7. This project shall be constructed as approved and conditioned in the Certificate of
Appropriateness application. Any modifications to the submitted and approved
drawing 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 zone code.
8. 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.
9. Per Section 18.50.035.A., all lighting shall be arranged so as to deflect light down
and/or away from any adjoining properties and shall not detract from driver visibility
on adjacent streets. Luminaires and lenses shall not protrude below the edge of the
light fixture. Any non-conforming lighting shall be removed and the final site plan
shall show the location for, and a detail of, any proposed lighting.
10. Per Section 18.65, all new signage shall require a sign permit prior to installation.
11. Per Section 18.50.035.0., the applicant shall provide a permanent enclosure for
temporary storage of garbage, refuse, and other waste materials. Trash enclosures
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shall be constructed of solid or ornamental pierced masonry walls or other
appropriate materials, with a solid concrete floor sloped for drainage and
maintenance of sanitary conditions. Enclosures shall be architecturally compatible
with the principal structure. Enclosures shall be of sufficient height to conceal
contents, including containers, but in no case shall be less than four feet in height
above grade.
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.
Continued public hearina - Certificate of Appropriateness to allow addition and modifications to
existina aaraae to accommodate one-bedroom apartment and a darkroom on Lots 1 and 2. Diers
Rearranaement of Block 43. Park Addition. with deviations from. Section 18.18.030. Bozeman
Municipal Code. to allow proiect on lot which is 10 feet less than 50-foot width reauired for two
residential units: from Section 18.50.050. to allow new addition to encroach 4 feet into reauired 10-
foot rear yard setback for an accessory structure: from Section 18.50.050.G.. to allow accessory
structure to occuPY more than 25 percent of rear yard: from Section 18.50.060.C.. to allow second
floor renovations to encroach into 15-foot corner side yard setback: from Section 18.50.060.A.1.. to
allow steps to encroach more than 5 feet into reauired rear yard setback: and from Section
18.50.110.. to allow three fewer parkina spaces than reauired bv zone code - Mariah Mayfield. 402
West Dickerson Street (Z-03040)
This was the time and place set for the continued public hearing on the Certificate of
Appropriateness requested by Mariah Mayfield under Application No. Z-03040, to allow an addition and
modifications to the existing garage located on Lots 1 and 2, Diers Rearrangement of Block 43, Park
Addition, to accommodate a one-bedroom apartment and a darkroom, with deviations from Section
18.18.030 of the Bozeman Municipal Code, to allow the project on a lot which is 10 feet narrower than the
60-foot width required for two residential units; from Section 18.50.050, to allow the new addition to
encroach 4 feet into the required 10-foot rear yard setback for an accessory structure; from Section
18.50.050.G., to allow an accessory structure to occupy more than 25 percent of the rear yard; from Section
18.50.060.C., to allow the second floor renovations to encroach into the 15-foot corner side yard setback;
from Section 18.50.060.A.1., to allow the steps to encroach more than 5 feet into the required rear yard
setback; and from Section 18.50.110., to allow three fewer parking spaces than required by the zone code.
The subject property is located at 402 West Dickerson Street.
Mayor Kirchhoff reopened the continued public hearing.
Assistant Planner Susan Kozub distributed two letters of opposition received today after which she
presented the staff report. She stated that the property, located at the northwest corner of the intersection
of South 4th Avenue and West Dickerson Street, is in the Neighborhood Conservation Overlay District and
is zoned "R-2-A" - Residential-Two Household, Medium Density. The applicant is seeking permission to
construct an addition to the garage to include a one bedroom apartment on a portion of the first and second
floors; and the project, as proposed, would require six deviations. She briefly reviewed those deviations,
noting that a 50-foot lot width in the Conservation Overlay District is common; and encroachments into front,
side and rear yard setbacks are also common and oftentimes desirable to replicate the historic pattern of
the neighborhood. She emphasized that although the expanded structure will occupy more than 25 percent
of the rear yard, the overall lot coverage will be under 40 percent; and an extensively landscaped 42 by 50-
foot yard area will remain between the house and the garage. She then addressed the parking deviation,
stating that the garage provides the only on-site space; however, four on-street spaces are available by
virtue of this being a corner lot.
Assistant Planner Kozub then reviewed the letters of opposition from Phillip and Patricia Butterfield,
603 South 3rd Avenue, and the Foote family, 609 South 3rd Avenue, noting their main concerns were with
traffic, noise, parking overflow, lawn maintenance and the overall number of people living on the property.
The Assistant Planner stated that staff has reviewed this application in light of the applicable criteria,
and staff's comprehensive findings are contained in the written staff report. She then forwarded staff's
recommendation for approval, subject to two conditions, noting that staff feels this is a good example of infill
development.
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Responding to Commissioner Brown, Assistant Planner Kozub stated that any future paving or
improvements to South 4th Avenue would not eliminate any of the on-street parking spaces.
Mara-Gai Katz, architect representing the applicant, indicated her willingness to answer questions.
No one was present to speak in opposition to the project.
Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing.
It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the Certificate
of Appropriateness requested by Mariah Mayfield under Application No. 2-03040, to allow an addition and
modifications to the existing garage located on Lots 1 and 2, Diers Rearrangement of Block 43, Park
Addition, to accommodate a one-bedroom apartment and a darkroom, with deviations from Section
18.18.030 of the Bozeman Municipal Code, to allow the project on a lot which is 10 feet narrower than the
60-foot width required for two residential units; from Section 18.50.050, to allow the new addition to
encroach 4 feet into the required 10-foot rear yard setback for an accessory structure; from Section
18.50.050. G., to allow an accessory structure to occupy more than 25 percent of the rear yard; from Section
18.50.060.C., to allow the second floor renovations to encroach into the 15-foot corner side yard setback;
from Section 18.50.060.A.1., to allow the steps to encroach more than 5 feet into the required rear yard
setback; and from Section 18.50.110., to allow three fewer parking spaces than required by the zone code,
be approved subject to the following conditions:
1. 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.
2. 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
zone code.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman,
Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No,
none.
Public hearing - Certificate of Appropriateness to allow construction of aaraae with second-floor
studio apartment on Lot 9 and the south 14 feet of Lot 10. Block A. Rouse's Second Addition. with
deviations from Section 18.18.030. Bozeman Municipal Code. to allow the lot to be 15 feet narrower
than the 60-foot width reauired for two household units. from Section 18.50.050.E.. to allow the
aaraae/studio apartment to be 5% feet taller than the principal dwellina: and from Section
18.50.050.G.. to allow aaraae/studio apartment to OCCUpy more than 25 percent of the rear yard -
Steven Gay. 117 South Wallace Avenue (Z-03060)
This was the time and place set for the public hearing on the Certificate of Appropriateness
requested by Steven Gay under Application No. 2-03060, to allow the construction of a garage with second-
floor studio apartment on Lot 9 and the south 14 feet of Lot 10, Block A, Rouse's Second Addition, with
deviations from Section 18.18.030 of the Bozeman Municipal Code, to allow the lot to be 15 feet narrower
than the 60-foot width required for two household units; from Section 18.50.050.E., to allow the
garage/studio apartment to be 5}'2 feet taller than the principal dwelling; and from Section 18.50.050.G., to
allow the garage/studio apartment to occupy more than 25 percent of the rear yard. The subject property
is located at 117 South Wallace Avenue.
Mayor Kirchhoff opened the public hearing.
Historic Preservation Planner Hillary Hertler distributed drawings submitted by the applicant this
afternoon prior to presenting the staff report. She stated that the applicant is seeking approval to construct
a two car garage with a studio apartment above. The subject property is located in the Conservation
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Overlay District and is zoned "R-3-A" - Residential-Two Household, Medium Density. She briefly reviewed
the requested deviations.
Historic Preservation Planner Hertler stated that staff 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 initially forwarded a recommendation for denial based on a very boxy design lacking in the
character and qualities associated with the Neighborhood Conservation Overlay District. Staff proposed
an alternative design, including reducing the size of the deck; replacing exterior stairs with interior stairs for
access to the deck; using knee braces instead of poles to support the deck; adding windows and sills on
all the windows; and adding shingles and detailing to break up the horizontal lines on the east and west
gables. Staff also recommended moving the structure 5 feet closer to the rear property line to deter cars
from parking in front of the garage and blocking the alley. She indicated that staff has no issues with the
height of the proposed structure since the house adjacent to it is the same height, and addition of the
recommended decorative detailing makes it more compatible with the small size of the main house.
The Historic Preservation Planner then turned her attention to the drawings distributed at the
beginning of her presentation, noting that these drawings reflect the modifications proposed by staff; and
staff now recommends conditional approval based on these revised drawings. She pointed out that staff
would still like to see another window added to the west elevation to provide the symmetry typical of the
area, and staff also requests that the drawings be professionally done.
Mr. Steve Gay, applicant, stated that he had been out of town on vacation and had done the
drawings upon his return last night. He indicated his willingness to have the drawings professionally done.
Planning Director Andy Epple suggested adding a condition that the revised drawings would be
subject to review and approval by Planning staff prior to issuing a COA.
No one was present to speak in opposition to the project.
Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing.
It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the Certificate of
Appropriateness requested by Steven Gay under Application No. Z-03060, to allow the construction of a
garage with second-floor studio apartment on Lot 9 and the south 14 feet of Lot 10, Block A, Rouse's
Second Addition, with deviations from Section 18.18.030 of the Bozeman Municipal Code, to allow the lot
to be 15 feet narrower than the 60-foot width required for two household units; from Section 18.50.050.E.,
to allow the garage/studio apartment to be 51f2 feet taller than the principal dwelling; and from Section
18.50.050.G., to allow the garage/studio apartment to occupy more than 25 percent of the rear yard, be
approved subject to the following conditions:
1. The design be changed to reflect staff's recommendations including: a reduced
deck (from 9 feet 8 inches by 24 feet 4 inches to 5 feet by16 feet) to be supported
by knee braces, replacement of exterior stairs with interior stair, the addition of sills
to all windows, windows to be made compatible, the addition of shingles and
detailing to the east and west gables, and additional windows be placed on the north
elevation of proposed building.
2. Final approval shall be based on professional drawings done of all four elevations
showing enhancements to building as per Condition 1.
3. The applicant shall move the proposed structure an additional 5 feet into the rear
yard setback, which would allow for a 10-foot driveway to the garage, to deter
parking in the drive and prevent parked cars protruding into the alley.
4. As per Water and Sewer Department, the owner shall obtain a permit for sewer prior
to installation of sewer lines. This project shall require two separate sewer lines,
one for each proposed structure.
5. The applicant shall obtain a building permit within one year of Certificate of
Appropriateness approval or this approval shall become null and void.
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6. 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.
7. Final Planning Department issuance of the Certificate of Appropriateness will be
based on professional revised drawings submitted. Drawings are based on
applicant's submittal dated April 28.
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.
Review of Burke Park master Dlan
Included in the Commissioners' packets were an e-mail message from Connie Staudohar, dated
April 24; a letter from Gary Vodehnal, Gallatin Valley Land Trust, dated April 23; and a letter from Lisa and
Russ Tuckerman, dated April 23.
Superintendent of Facilities and Lands James Goehrung stated that the master plan was initially
prepared in April 2001 by Dick Pohl and was put on hold in October of that year due to the City's purchase
of property from CMC Heartland Partners for a new library site and the uncertainty of its impact on the Burke
Park/Peets' Hill area. Building upon the work of Mr. Pohl and with input from the public, the Recreation and
Parks Advisory Board recently completed the document. He noted that additional public comment will be
taken this evening; and if the Commission approves the plan, it will become the standard by which City staff
will maintain the park.
Responding to Mayor Kirchhoff, Superintendent Goehrung stated that the major areas of concern
for the park are its level of popularity and potential overuse; conflicts resulting from dogs being allowed off
leash; impacts of mountain bikes and conflicts with pedestrians; protection of natural vegetation and
viewsheds; and accessibility, particularly for the handicapped. He noted that Aspen Pointe at Hillcrest and
the Harrison Street right-of-way are the two options to be considered for handicapped access.
Responding to Commissioner Brown, Superintendent Goehrung stated that access to the park from
Golf Way is assured since land lying to the west of Old Highland Boulevard north of Ellis Street is City-
owned cemetery land. He noted that Golf Way via Ellis Street is proposed as a new entrance to the
cemetery; the balance of Golf Way running toward the Lindley Center is currently gated to vehicles but does
allow bike and pedestrian access.
Further responding to Commissioner Brown, Superintendent Goehrung noted that trail access from
two lots at the southern end of the park is being allowed through an agreement with the Burke family,
owners of the property; but a section of the Ida Street right-of-way would allow access should those lots be
sold and the agreement terminated.
Mayor Kirchhoff opened this item for public comment.
Ms. Jean Powell, 1019 South Bozeman Avenue, stated that she walks with a cane due to poor
balance and lack of sensation in her feet. She stressed that driving her car is vital to her independence
since she can no longer run, hike on a trail, ride a bike, walk with her dogs or walk across a parking lot
without help. She appealed to the Commission to not limit access from the Harrison Street right-of-way,
since doing so will exclude many of those with disabilities from using the park.
Ms. Mary Vant Hull, 416 East Story Street, presented a letter from Leland Thill, 2625 Arrowleaf Hills
Drive, stating that he has physical disabilities; and Harrison Street is a very good place for him to access
the longest and most level part of the park.
Ms. Vant Hull noted that the Harrison access has been open approximately seven years, with no
problems encountered. She further noted that the vegetation, lay of the land and winding trail allow cars
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parked at the access to be hidden from the view of those using the trail. She stressed that the two
handicapped parking spaces at Aspen Pointe at Hillcrest are not sufficient, are not contiguous to the park
and do not provide entry to a level area. She urged the Commission to adopt the master plan with Option
C, which would keep the Harrison access open unless it becomes a problem.
Mr. Gary Vodehnal, Trail Program Coordinator for the Gallatin Valley Land Trust (GVL T), stated that
the controversy over a parking lot on the Harrison Street right-of-way has been ongoing for five years. He
indicated that the GVL T helped pay for the master plan with the thought that looking at the overall goals for
the park would help resolve that dilemma as well as come up with solutions for management of the park.
He noted that providing trail access for the disabled is an important part of GVL T's goal, and he has been
working with the Bozeman Deaconess Foundation to establish the access at Aspen Pointe. He further
noted that much of the comment at previous meetings has focused on concern that motorized vehicles
infringe on the quality of the Burke Park experience, and he suggested that the Harrison right-of-way be
closed to automobiles but remain available for bicycle and pedestrian access. He urged the Commission
to approve the master plan with Option B, providing disabled access from Aspen Pointe at Hillcrest.
Mr. Dick Dolan, attorney representing Bozeman Deaconess Hospital, expressed concern with some
of the language on page 13 of the master plan, since he feels it overstates the requirements of Condition
21 of the conditional use permit for the building currently under construction. He cited sentences from
paragraphs 2 and 4, which seem to imply that the Hospital will be prevented from developing or building on
its land near the park due to potential negative impact on the park. He stressed that it is not the Hospital's
intent to leave the ground vacant forever, and he urged the Commission to not adopt the master plan until
the implications of Condition 21 are clarified.
Mr. Russ Tuckerman, 43 Gardiner Park Drive, stated that he and his wife have put forth a great deal
of volunteer effort in the lengthy master planning process; and he would like to see the plan approved this
evening. He urged the Commission to adopt the plan with Option B, adding language for a formal easement
agreement for the parking spaces at Aspen Pointe and the connecting trail from the parking lot to the Burke
Park trail.
Superintendent Goehrung stated he personally feels that public access to the park should be on
public land, but acknowledged that a formal long-term agreement for the parking spaces at Aspen Pointe
would meet the needs of the handicapped. He expressed concern about whether the spur trail provides
access to an area level enough to be easily negotiated by those in wheelchairs and about future
maintenance of the trail to meet the requirements of the Americans with Disabilities Act (ADA). He
indicated, however, that the GVL T has committed to maintaining it. Responding to Mayor Kirchhoff,
Superintendent Goehrung stated that the spur trail is rough, the sides that have sloughed away need
"beefing up," and a cut across the asphalt needs to be repaired; those items are to be completed when the
weather improves.
Commissioner Hietala stated that due to the grade, it is impossible to negotiate the trail north from
Aspen Pointe in a wheelchair. He voiced support for maintaining the handicapped access point at the
Harrison Street right-of-way, noting that it would not cost much to pave the area for wheelchair use.
Commissioner Youngman responded that the grade is less than 6 percent, which is in compliance
with ADA standards.
Mayor Kirchhoff agreed that clarification of the passages on page 13 is needed, and stated that he
did not believe it was anyone's desire to use the master plan to supplement or strengthen a prior agreement
or condition. He requested Staff Attorney Day-Moore's opinion on those passages.
Staff Attorney Patricia Day-Moore aCknowledged Mr. Dolan's concerns with the sentences he cited,
noting that if they were read in conjunction with each other, they could be interpreted as restricting the
Hospital's use of all its property and possibly lead to future problems including condemnation issues. She
stated that she was not familiar enough with Condition 21 to know whether the master plan conflicts with
it; but stressed that if it does, the plan needs to be amended since it is not the City's intent to keep the
Hospital from using its property. She suggested simple changes in wording, such as substituting "could"
for "would" and "may" for "will," but concluded that the best solution would be deletion of questionable
language.
04-28-03
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Mr. Dolan recognized that much of the language on page 13 is descriptive but cautioned that care
must be taken in writing those descriptions. He suggested either revising the language or substituting
language that says the master plan is subject to all previous orders. He noted that Condition 21 was drafted
at the spur of the moment, another reason for clarification, and offered to work with staff to hammer out an
agreement.
Commissioner Brown suggested adopting the master plan with the exception of page 13, beginning
at the second paragraph, noting that he feels any reference to the condition should not be a part of the plan.
He further noted that he had voted for approval of the conditional use permit and Condition 21 in December,
not because he agreed with it, but to move the process forward, since he felt the condition placed
unreasonable restrictions on the Hospital for building on the fourth and fifth floors. He stated his preference
for adopting the balance of the plan tonight, including a handicapped access option, and dealing with the
Hospital concerns at a later date.
Commissioner Youngman stated that she does not object to deletion of the reference to Condition
21; however, she is uncomfortable with deleting language that reflects issues of concern surrounding future
development. She proposed making the necessary revisions and bringing the plan back for consideration,
rather than voting on part of the plan tonight and on the rest at a later date. She then suggested that if an
easement agreement with Aspen Pointe could be secured during the same time frame, the master plan
could be adopted without that issue remaining unresolved.
Superintendent Goehrung suggested not accepting further public comment on the issue of
handicapped access. He stated that either of the options in the plan will meet the intent of granting access,
provided that a long-term easement agreement with Aspen Pointe can be reached and that the access can
be maintained to the City's satisfaction.
It was moved by Commissioner Brown, seconded by Commissioner Cetraro that public comment
on this item be closed and that the decision on the Burke Park master plan be delayed until May 19 to allow
time for staff, the Recreation and Parks Advisory Board and the Hospital to reach agreement regarding the
language on page 13. 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.
Break - 8:15 to 8:25 D.m.
Mayor Kirchhoff declared a break from 8: 15 p.m. to 8:25 p.m. in accordance with Commission policy.
Presentation re transfer station oDeration - Cliff Bovd. Envirocon
Director of Public Service Debbie Arkell gave a synopsis of issues that have developed with the
proposed transfer station site at Manley Road/Griffin Drive due to a 200-foot-wide railroad right-of-way/
easement running on the west side of the property parallel to the railroad tracks. She noted that a
contingency had been placed in the Buy-Sell Agreement for clarification of ownership of that strip after a
search of records at the Clerk and Recorder's office failed to substantiate the railroad's claim of ownership.
Montana Rail Link (MRL) subsequently provided documentation that the railroad was granted ownership
through the Congressional Land Grant Act of 1864, effectively taking 4 acres off the 15.4-acre site. This
is in addition to the 2 acres taken by the Manley Road easement and the 4 acres on the east and north sides
of Manley Road that were already deemed unusable. She stated that this reduced site may be adequate
for up to 5 years but would allow no room for future expansion. She noted that during the course of
exploring design options for this site, staff was approached by Envirocon, a subsidiary of the Washington
Corporation; and representatives are here to talk about rail options for transfer facilities.
Responding to Mayor Kirchhoff, Director of Public Service Arkell stated that based on the legal
documents that have been provided to her, she does not believe the 200-foot strip is part of what the sellers
have been paying taxes on and thought they owned. She further responded that she has seen one site plan
based on the reduced size; however, that plan would require a great deal of work to make it more user
friendly and functional.
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Mr. Cliff Boyd, Technical Support and Sales representative for Envirocon, Inc., gave a power point
presentation on the applicability of moving solid waste by rail, the flexibility and options afforded by rail, and
the benefits of transfer stations.
Responding to Mayor Kirchhoff, Mr. Boyd indicated that he is not here to pitch any specific location
or site for a transfer station; however, his presentation was done with the Manley Road/Griffin Drive site in
mind. He stated that the site is feasible, and Montana Rail Link is already there. He urged the City to look
at redesign of the site plan and resource recovery as methods of making this property work, given the
degree of involvement in the process and the difficulty of starting over.
Responding to Mayor Kirchhoff, Mr. Tom Costin, Marketing Manager for Montana Rail Link, Inc.,
stated that a rail spur could be brought into the site approximately 1000 feet to the west, at a point where
the grade separation is not so great. He, too, urged the City to work on redesign of the site to further
explore use of the property and possibly the railroad property adjacent to it.
Mr. Costin then addressed the lack of documentation at the Clerk and Recorder's Office for records
of the railroad's right-of-way/easement, noting that those are mid-1800s filings that are found in Federal
offices in Washington, D.C.
Mayor Kirchhoff opened this item for public comment.
Mr. Mark Clawson, 710 East Fridley Street, stated that a central location has been emphasized in
the transfer siting process and stressed that the northeast area is central to nothing. He urged exploration
of the rail option but noted that there is a lot of land between Bozeman and Logan that is more centrally
located.
Mr. Jon Gerster, 719 North Wallace Avenue, noted that many of those here tonight own homes or
businesses in the northeast neighborhood and have sizeable investments in those homes and businesses,
and they are concerned that the issue of a waste transfer station in their front yards has come back to life
for the fifth time. He stated that over the past dozen years the area has attracted the interest of businesses
and developers, bringing vitality and projects to enhance neighborhood livability; and he fears that
momentum will be lost. He presented petitions signed by individuals and business owners who oppose this
facility and stressed that at least two have stated they will not be completing their planned expansions if this
comes to fruition. In addition, Mr. Mike Delaney has stated in a letter that The Village Downtown residential
development would be scrapped; and his own business, the Lehrkind Bed and Breakfast, would reconsider
its future in the neighborhood. He asked that the Commission follow through on its positive decisions for
redevelopment in the northeast neighborhood by stopping any further consideration of a transfer station
there.
Mr. Andrew Pilskalns, 324 North Wallace Avenue, stated that a transfer station in proximity to his
neighborhood will create very negative and costly issues.
Ms. Oshi Simsarian, 710 East Fridley Street, stated that she had just returned from Hawaii and has
experienced the feral cats, the bats, the trash and the smells while using the transfer stations there. She
stressed that these facilities do not belong in residential areas.
Mr. Zack Anderson, 410 North Church Avenue, stated that he is a property and business owner in
the northeast area, and his decision to locate there was based on his confidence in the City for redeveloping
the downtown and that part of the community. He expressed concern over the potential scrapping of the
housing development and resulting loss of benefits to the community should the transfer station be located
nearby, in addition to devaluing homes, limiting the future for commercial growth and destroying the vital
neighborhood.
Mr. Bill Muhlenfeld, 2601 Star Ridge Road, stated that his background includes working on garbage
trucks while attending college and developing a solid waste plan adopted by the City of Akron, Ohio, while
working on his master's degree. He noted that he is a partner with Mike Delaney in The Village Downtown
proposal, which will add 250 to 300 residences to the east side, $140 million worth of real estate to the
property tax roles and $2 million in impact fees to the City's coffers. He emphasized that given his
experience with solid waste and the reality or perception of a solid waste transfer station, they are absolutely
committed to not proceeding with the project if the transfer station is located near or adjacent to their
property on the northeast side.
04-28-03
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Ms. Karen Jennings, 1075 Boylan Road seconded Jon Gerster's comments. She voiced support
for looking into rail and stated that if Montana Rail Link owns some of the property at the Manley/Griffin site,
perhaps a deal can be worked out for using rail.
Mr. Chris Nixon, 719 North Wallace Avenue, stated that he was on the waste transfer station task
force; and he acknowledged that the use of rail could be beneficial. He noted, however, that the northeast
neighborhood, or anywhere near a residential area, is not the right location for a transfer station.
Mr. Sky Sterry, 626 East Peach Street, stated that he is a homeowner, resident and small business
owner in the neighborhood. He indicated that he is originally from Eugene, Oregon, and is familiar with the
waste transfer station located between there and Springfield. He noted that although it is well sited, being
some distance from homes and hidden by trees, it is still called "the dump" because of the odors, blowing
trash and general unsightliness. He stated that the transfer station would literally be within a stone's throw
of the developing pocket park and will cause a decline in property values and loss of interest by people and
businesses to locate in the area.
Ms. Michelle Dieterich, 401 North Ida Avenue, stated that this is a great neighborhood and asked
that it not be ruined.
Mr. Floyd Strickler, 705 East Cottonwood Street, stated that he is a retired highway inspector and
worked on roads in the county for thirty years. He expressed concern for what will happen to the streets
with 100 trucks a day traveling over them, noting that many in the area are already in very poor condition.
Mr. Jim Vernon, 712 East Peach Street, voiced concern that if the transfer station does not cause
the death of the neighborhood, a proposed extension of Oak Street and development of the area as an
industrial site surely will.
Ms. Katie Connors, 315 Perkins Place, stated that she is from Helena and has used the transfer
station there. She noted that the running track nearby is not used due to the disgusting smell.
Mr. Steve Marty, 302 North Wallace Avenue, noted that he has been helping to clean up the pocket
park site. He stated that he likes the changes that have occurred in the neighborhood over the past several
years and sees a transfer station as a major step backwards and a halt to future positive changes.
Ms. Vicki Davies, 425 Perkins Place, stated that garbage trucks and a transfer station are very noisy,
very early in the morning; and the area already has to deal with the buses revving up at 5:30 a.m.
Ms. Kelly Ann Brown, stated that she is a developer of the Brown Warehouse at 600 North Wallace
Avenue, a project that has been ongoing for three years. She noted that her biggest issues as a developer
are to make sure the warehouse has a positive impact on the neighborhood and to respect the balance
between residences and businesses. She pointed out that the Northeast Neighborhood Association has
done a good job of representing the voice of both sides and asked that the Commission honor the voice of
the neighborhood.
Ms. Trisha Wookey, 626 East Peach Street, stated that she is trying to be helpful by finding ways
of working together and asked the following questions: 1) What is the smallest amount of acreage that
would be required for a transfer station? 2) If we hire someone to take care of our trash, will we have trash
coming in from other places? 3) Why can't the City subcontract to other rail or truck companies? She noted
that the Manley/Griffin site was the one finally agreed upon, and effort should be made to make it work. She
stated that there are probably companies other than Envirocon that transfer waste, and it would be wise to
shop around for the most affordable cost.
Mr. Les Denning, Rocky Mountain Realty, agent for the sellers of the Manley/Griffin property, stated
that he had the chain of title on the property going back to 1871 and that the railroad was brought here in
1883. He noted that the Land Grant Act of 1864 provided that if land was already deeded, the railroad did
not automatically get ownership. He indicated that the current owners have always acknowledged the
easement and leased it from the railroad, but he thinks the railroad's ownership is subservient. If the
railroad were to abandon that strip, it would revert back to the first owners; and the railroad didn't claim fee
ownership. He noted that he could not find anything recorded at the Courthouse, and he has documents
from the 1860s.
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Responding to Mr. Tom Costin, Mr. Denning stated that the land grant applied only to land in the
public domain and not to privately owned land, as this was in 1871. Consequently, this land should convey
unless the railroad can prove otherwise. He indicated that there are recorded deeds for the sale of land
after the railroad acquired ownership through the Act of 1864, and numerous lawsuits involving the railroad
appear in the District Court records as well. He questioned why records substantiating the railroad's
ownership of the property in question are not to be found at the Gallatin County Courthouse.
Ms. Teal Akeret 514 North Ida Avenue, concurred with all comments that oppose a transfer station
in the northeast neighborhood. She asked that this issue be put to rest once and for all.
Mr. Pete McFadyen, 314 North Wallace Avenue, stated that he owns a home and business in the
neighborhood; and he also runs a non-profit organization that is dedicated to creating community. He stated
that the Commission is charged with ensuring that the City is a community, and he doesn't think pumping
trucks down a street that already has tons of truck traffic is going to create a community. He indicated that
he is looking forward to marrying and raising a family, but he would be worried about their safety on the
street where he lives.
Mr. Ken VanDeWalle, 408 North Plum Avenue, concurred with all points presented and stated that
rail is a terrific idea. He noted that mandatory recycling would reduce the amount of waste going to the
landfill and make it last longer. He further noted that he has spent five years improving his home, and he
does not want to look at a trash station.
Ms. Jeanne Wesley Wiese, 707 North Wallace Avenue, stated that she owns two properties on North
Wallace and is vehemently opposed to a transfer station nearby. She indicated that she has been involved
in cleaning up the pocket park site, from which1 07,000 pounds of garbage were hauled at a cost of $7,000
to the City. She noted that the park will be worthless if the transfer station is located nearby. She stated
that everything she has is invested in her neighborhood, and she will not live near a transfer station. She
asked that the Commission put an end to this conflict.
Mr. Rod Gilbert, 630 East Peach Street, voiced concern with the scale of operation 20 years from
now if the transfer station is privately owned. He stated that rail transfer is economical and should be
explored.
Mr. Eric Nelson stated that he owns a sign shop at 627 East Peach Street and he has seen many
changes during the years he has been there. He noted that a transfer station would have a dramatic impact
on the momentum that has been created through adequate planning and cooperation between businesses
and residents. He stated that he purchased his building three years ago and has been restoring it to its
historic nature. He currently has five business tenants, with inquiries about available office space once or
twice a month. He indicated that he has been considering adding on but will reconsider if the transfer
station comes in. He stated that rail makes a lot of sense but must be in the right location, and this is the
worse possible site to be looking at. With growth to the west, a location in the northeast area makes no
sense. He asked that a strong effort be made to make the Manley/Griffin site work.
Mr. Dan Kaveney, 630 East Davis Street, stated that he has done extensive research into the
science and EPA documentation of transfer stations. He noted that the Envirocon presentation portrayed
them as being benign, but all the EPA documentation contradicts that. He indicated that transfer stations
are perceived as being bad, and that perception will damage investments and future positive development
in the neighborhood. He stated that none of the reasons for rejecting the northeast location in the past have
changed and will not change whether the Manley/Griffin site goes forward or not, and the Idaho Pole site
is just as inappropriate now as it was in 1983.
Ms. Charlotte Knighton, 501 North Church Avenue, indicated that she recently moved here from
Pennsylvania and asked that the Commission not destroy the northeast neighborhood, the last best place
in Bozeman.
Mr. Don Jackson, 1280 East Story Mill Road, stated that he owns property at 631 East Davis Street
as an investment for retirement and asked that the Commission not degrade his retirement investment. He
noted that he supervises the Bozeman region of the Montana Conservation Corps and works with young
AmeriCorps volunteers, who are scheduled to work on the pocket park in two weeks. He stated that locating
a transfer station next to the pocket park would be the antithesis of the time and energy these young people
04-28-03
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have given to community service, and he asked that the Commission not allow the transfer station on the
northeast side.
Mr. Chris Wright, 414 North Plum Avenue, stated that he has an 8-month-old boy; and when he is
older, he would like him to be able to ride his bike to the stockyards without having to dodge garbage trucks.
Mr. Tom Noble, 401 North Church Avenue, stated that he owns a home and business in the
northeast neighborhood and echoes Mr. Kaveney's points about the inappropriateness of this site. He noted
that rail transportation is a good idea, although not a new one, and was already considered in respect to this
site. He asked why this site keeps coming up, and why it's being discussed again.
Ms. Dana Pepper, 324 North Church Avenue, stated that even though this site is not being officially
discussed, people are here because of fear it will become a reality. She noted that she is moving to
Missoula for three years and will rent out rather than sell her home here, thus taking a huge risk of losing
the investment in it if the transfer station is sited in the neighborhood.
Ms. Cathy Ebelke, 1280 Story Mill Road, noted that she strongly opposed locating the transfer station
on Story Mill Road and feels just as strongly about it not being located in the northeast neighborhood. She
stated that rail is a good idea and was brought up as a positive aspect of the Manley/Griffin site. She noted
that a transfer station does not have to be a negative concept and can be created as a model for other
communities.
Mr. Pete Maleski, 504 North Wallace Avenue, stated that he still opposes a transfer station in the
northeast area.
Ms. Shirley Wagenhals, 428 North Wallace Avenue, stated that she has owned her property for 27
years and has seen magnificent changes in that time. She enjoys the neighborhood and the outstanding
quality of its people. She noted, however, that traffic on the street has become very heavy, and it is difficult
to back out of her driveway safely.
Since there were no Commissioner objections, Mayor Kirchhoff closed this item to public comment.
Director of Public Service Arkell addressed some of the questions raised during public comment.
She stated that the minimum needed for the site is seven to ten acres, based on the lay and shape of the
land. For seven acres to work, it must be square or rectangular in shape. Staff is working to make the
Manley/Griffin site work. Responding to the question about why the MRL land on Wallace could be used
and not that on the Manley/Griffin site, she noted that Burlington Northern Santa Fe owns the land at
Griffin/Manley and not MRL, which would be doing the hauling. Responding to why the neighborhood had
learned of tonight's meeting from an article in the Bozeman Daily Chronicle, she noted that she had called
and left a message for Jon Gerster prior to the article coming out in the paper. She stated that the reason
for this meeting is that Envirocon representatives wanted to come and talk about rail transfer and had
mentioned this site. Even though there was to be no formal proposal, there was a possibility that this site
might be discussed; so the neighborhood was notified.
Responding to the question of bringing in waste from other places, Mr. Boyd stated that Envirocon
is not an importer of waste, and he does not conceive of taking any out-of-state waste. He noted that the
State regulates how much tonnage can go into a transfer station, and there are also regulations for what
materials can be taken.
Responding to Commissioner Cetraro, Mr. Boyd stated that the City can shop around for the lowest
tipping fees; once the trash is containerized, it can be hauled to the landfill of the City's choice.
Mayor Kirchhoff stated that since there is no formal proposal from Envirocon, there will be no staff
direction at this time. He noted that staff will continue to pursue use of the Manley/Griffin site through
redesign of the site plan and further research into the disputed ownership of a portion of the property. He
then suggested that the Commission no longer consider locations closer into town, since the efficiencies
of rail can be found in other locations; and he proposed closing the door to any further consideration of siting
a transfer station on the northeast side.
04-28-03
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Commissioner Youngman voiced agreement with Mayor Kirchhoff's proposal. She stated that the
idea of using rail is fascinating and suggested investigating other possible sites between Bozeman and
Belgrade as backups should the Manley/Griffin site be found unworkable.
Commissioner Brown indicated that he found the idea of a rail site appealing, particularly the
flexibility of using either rail or truck for transporting the containers. He noted that the Commission has tried
hard to minimize the impact on neighbors in siting the transfer station, and he sees the Commission as
continuing to do that.
Commissioner Cetraro noted that the Manley site is appealing because of the potential for bringing
in rail, and he is hopeful that staff can rework the site for hauling by rail and by truck.
Commissioner Hietala stated his concern with the dispute over ownership of the land at the Manley
site but noted he is hopeful it can be resolved and the site used, He expressed disagreement that rail is
needed on the site, noting a consultant had labeled that concept as an expensive way to proceed, He
indicated that he does not want to close the door on properly zoned sites; however, he did agree that the
site on the northeast side is not appropriate,
Mayor Kirchhoff thanked the Envirocon and Montana Rail Link representatives for their presentation
and indicated that at such time it seems appropriate, staff will contact them,
Adiournment - 10:20 p.m.
There being no further business to come before the Commission at this time, it was moved by
Commissioner Youngman, seconded by Commissioner Hietala, that the meeting be adjourned, 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.
STd~~
ATTEST:
~JH~
R IN L SULLIVAN
Clerk of the Commission
PREPARED BY:
(1MItt~o. Jf~
CAROL YN A, ILMONT
Deputy Clerk of the Commission
04-28-03
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