HomeMy WebLinkAbout2003-03-24 Minutes, City Commission
MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN,MONTANA
March 24, 2003
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The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal
Building, on Monday, March 24, 2003, at 3:00 p.m. Present were Mayor Steve Kirchhoff, Commissioner
Marcia Youngman, Commissioner Lee Hietala, Commissioner Jarvis Brown. Commissioner Andrew Cetraro,
Assistant City Manager Ron Brey (for afternoon session only), City Manager Clark Johnson (for evening
session only), Director of Public Service Debbie Arkell, Planning Director Andy Epple, Staff Attorney Patricia
Day-Moore and Clerk of the Commission Robin Sullivan.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
None of the Commissioners requested that any of the Consent Items be removed for discussion.
Minutes - Januarv 18. 2000. November 22.2002 and March 10 and March 17. 2003
Mayor Kirchhoff deferred action on the minutes of the meetings of January 18, 2000, November 22,
2002, March 10 and March 17, 2003, to a later date.
Consent Items
City Manager Johnson presented to the Commission the following Consent Items.
Commission Resolution No. 3584 - intent to create SID No. 674. water. sewer and
street imDrovements in Bridaer Center Subdivision: set Dublic hearina for ADril
21.2003
COMMISSION RESOLUTION NO. 3584
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 674; DECLARING IT TO BE
THE INTENTION OF THE CITY COMMISSION TO CREATE THE DISTRICT FOR THE
PURPOSE OF UNDERTAKING CERTAIN LOCAL IMPROVEMENTS AND FINANCING
THE COSTS THEREOF AND INCIDENTAL THERETO THROUGH THE ISSUANCE OF
SPECIAL IMPROVEMENT DISTRICT BONDS SECURED BY THE CITY'S SPECIAL
IMPROVEMENT DISTRICT REVOLVING FUND.
Award bid - 9-foot turf mower for Parks Division - Midland ImDlement ComDany.
Billinas. Montana - in the bid amount of $39.150.00
Award bid - 10%-foot turf mower for Parks Division - Turf Care and SDecialtv
Products. Inc.. Billinas. Montana - in the bid amount of $34.981.00
Claims
It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the
Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to
complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye
being Commissioner Youngman, Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and
Mayor Kirchhoff; those voting No, none.
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Informal review - "The Mill" health and exercise establishment. climbina aym facility in northeast
corner of Buildina "C" of the Historic StOry Mill. 2150 StOry Mill Road. Ed McCrone (1-03002)
Included in the Commissioners' packets was a memo from Senior Planner Dave Skelton, dated
March 19, forwarding an application for informal review of "The Mill" health and exercise establishment.
Senior Planner Skelton gave a brief overview of the proposed project, noting that this specific
request is to allow a climbing gym as the anchor tenant for a mixed use re-use of the historic Story Mill. He
noted that a number of light industrial, manufacturing and contractor uses are currently located in Building
"C" of The Mill; and it is hoped that the climbing gym would begin the transition into a variety of public uses
in the facility.
The Senior Planner stated that the Design Review Board and the Development Review Committee
have considered this proposal, and their comments have been included in the packet materials. He noted
the applicant has been advised that a conceptual review of the entire property and a plan for upgrading the
buildings to meet current technical codes are needed in conjunction with the formal application for this
particular use. Also, he noted that during staff review, infrastructure needs were identified, including the
extension of water and sewer services to the site and improvements to Story Mill Road to some type of City
standard.
Ms. Sandra Smiley, representing the applicant, stated that Mr. McCrone is willing to extend the
sewer to this site, which will be at considerable cost to the tenants. She asked, however, that he be allowed
to execute a waiver of right to protest the creation of a special improvement district for improvements to
Story Mill Road, and that he not be required to complete those improvements until 50 to 75 percent of the
tenant space is occupied. She asked how long it takes to create a special improvement district and a waiver
of right to protest an SID, how quickly a tenant can move in once the sewer is extended to the property, and
how much it would cost to speed up the process. She stressed that these are historic buildings, and it is
difficult to attract tenants when it takes so long to complete the various processes and install the
improvements. She concluded by noting that the buildings at The Mill have valuable open floor space that
could well be used by a variety of tenants.
Mr. Ed McCrone, applicant, noted that the historic Story Mill is a valuable asset located less than
two miles from historic Main Street. He stated that there is a substantial amount of green space on this site,
with 4~ acres of it being located on the hillside. He indicated that his concept for re-use of the property has
not changed in the ten years he has owned it; rather, he feels that a mix of uses, possibly including some
residential development, is appropriate. He then noted that the stockyards will probably be relocating within
the next few years, making re-use of The Mill even more attractive.
Senior Planner Dave Skelton stressed that infrastructure improvements are needed before re-use
of the site can proceed. He then noted that, before a special improvement district for Story Mill Road can
be created, the boundaries of the district must be identified and a petition from 51 percent of the property
owners submitted.
Mayor Kirchhoff indicated he has no problem with the requested waiver but noted that a realistic
triggering mechanism must be identified since some uses are more intensive than others. The Senior
Planner responded that the conceptual master plan should help in making those determinations.
Responding to Commissioner Hietala, Mr. McCrone stated that Building "K" was built in 1882 and
is the only building which survived a fire. The red barn on the north side of the property and the brick house
were built in the 1900s and are approximately the same age; Building "A" was designed by Fred Willson and
constructed in about 1912.
Responding to Mayor Kirchhoff, the Senior Planner stated that the applicant could take-advantage
of the option for concurrent construction through the planned unit development process. He indicated that,
since this is a remodel rather than new construction, the applicant could not gain time through use of the
expedited review process.
Mayor Kirchhoff stated he feels the proposed use is appropriate. He then indicated that a delay in
improvements to Story Mill Road would be acceptable, but it is important to identify the appropriate trigger
point for requiring that those improvements be completed.
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Commissioner Youngman expressed her concurrence with the Mayor's comments.
Commissioner Cetraro indicated that he, too, agrees with delaying the improvements to Story Mill
Road.
Commissioner Brown aCknowledged that requiring the applicant to make improvements to Story Mill
Road at this time would create economic difficulties. He then noted that, personally, he would like to see
another climbing wall in the community.
Commissioner Hietala noted that this property lends itself to multiple uses, and he favors a great
amount of flexibility in allowing it to develop.
Responding to Commissioner Brown. Mr. McCrone stated that the house and brick building are
connected to City water services.
Mayor Kirchhoff thanked the applicant for an opportunity to review this proposal.
Informal review - maior subdivision pre-application and concept plan for planned unit development-
The Villaae Downtown - allow subdivision and development of two lots of the five-lot Broadwav
Minor Subdivision. totalina approximatelv 8 acres. to include 32 townhouse units with aaraaes and
private access at rear of each lot. with relaxations from zonina reaulations regarding lot width. lot
size. setbacks. lot coveraae and public street frontage - C&H Enaineerina and Surveyinq. Inc.. for
BRC Investments. % Delanev and Company. Inc. (P-02003 and Z-03025)
Included in the Commissioners' packets was a memo from Contract Planner Lanette Windemaker
forwarding an application for informal review of a major subdivision pre-application and a concept plan for
a planned unit development for The Village Downtown.
Contract Planner Windemaker gave an overview of the project, noting that it is to be located on the
two front lots of the subdivision. She stated that several relaxations to the code are being sought, to allow
for construction of 32 townhouse units. She indicated that the garages for the townhouses are to be
accessed from the alley, and two of the units do not abut a street. She stated that a trail is proposed along
the south property line. The Mill Ditch runs along the east side of the property and, since it is a ditch, there
are no watercourse setbacks. Further, the consulting engineer has shot the contours of the land, and it
appears these two lots are located outside the floodplain for the ditch. She concluded by indicating that 37
percent open space is being proposed.
Responding to Commissioner Brown, the Contract Planner stated that there are some slopes on
these subject lots, but not any real steep slopes or embankments.
Mr. Bill Muhlenfeld, partner in the project, stated that this is Phase I of a much bigger project that
will include up to 300 residential units abutting the east end of the downtown area. He noted this is an infill
project that is center oriented and compact. and characterized it as being what the Bozeman 2020
Community Plan "screams for." He stated that office buildings were originally considered for these two lots;
however, it has since been determined that residential development would be more appropriate.
Mr. Muhlenfeld stated that the Northeast Neighborhood Association has reviewed the proposed plan
and model and expressed support for the project. He indicated that Phase I features 32 townhomes fronting
on Broadway Boulevard and, through the use of alleys and the types of materials, will be redundant of the
downtown area. He noted that brick veneer facades are to be used, with brick accents on the rear of the
structures. In addition to the model set up for the Commission to consider, he showed renderings of the
buildings from the front and the back as well as an aerial view of the rooflines and a view from the yard
spaces.
Mr. Thomas Bitnar, architect. stated that South 8th Avenue was the basis for the boulevard street
accessing this development. which will include a landscaped center island. He then noted that living in an
historic district was his impetus for including elements and details around the corners of the structures. He
concluded by stating that this development is to be essentially a continuation of Main Street. with traditional
architecture and materials. He then indicated that the slope of the site is to be used to create natural steps
in the buildings, which should provide the breaks needed in the long buildings.
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Mr, Muhlenfeld noted that a significant amount of regrading is needed, particularly since the railroad
moved dirt in conjunction with its operations on the site,
Responding to Mayor Kirchhoff, Mr, Muhlenfeld stated that it is their desire to tie the trails across
this property to other trails, although they recognize there are some physical constraints that need to be
addressed, He stated that he personally uses trails and helped with the Sourdough Trail. He aCknowledged
that more planning for trails through the entire parcel is needed.
Commissioner Youngman recognized that this review is for only one phase, but trail connections
should be considered, She noted that a connection to the north is definitely desirable but, given the
wetlands, flowing water, impacts on mature vegetation, and crossing over the interstate, it may not be
practical. She then suggested that the applicant talk to the City's Bicycle Advisory Board and Recreation
and Parks Advisory Board as well as the Gallatin Valley Land Trust when considering trail connections and
practical options, She then indicated that connections to the south may be a more viable option and
suggested a connection to Highland Boulevard may be possible along an old road that goes among the
trees,
Commissioner Youngman then noted there is a dire problem with knapweed on the property and
asked if a weed control plan will be developed for this phase as well as the other phases,
Mr, Muhlenfeld stated that they have been advised not to spray the weeds, but to address the issue
in conjunction with turning the earth for construction,
In response to additional concerns, Mr. Muhlenfeld assured Commissioner Youngman that as many
of the big trees will be preserved as possible when the street is constructed, He then indicated that they
will be planting additional landscaping materials as the project is constructed.
Responding to Commissioner Brown, Mr. Muhlenfeld stated that gas fireplaces will be used in the
units to minimize potential impacts on air quality,
Mayor Kirchhoff noted this is a prime location, and he supports dense residential development close
to the core of the city, He suggested that the use of detail could alleviate the potential of a repetitive
development while providing rhythm and proportion throughout He then thanked the applicant for the
information on the trails, trees and the desire to provide a high quality environment
Mayor Kirchhoff asked if there is any potential that garages may be converted to accessory dwelling
units, Mr. Muhlenfeld responded that the covenants will not allow rental units, although a home office or
studio for the residents could be located in the garage,
Responding to Commissioner Hietala, Mr, Muhlenfeld assured the Commission this will not be a
gated community; rather, it will be open for public access.
Responding to Mayor Kirchhoff, Mr. Muhlenfeld stated that no price point has been developed. He
noted that the units will include a first floor and modified second floor that provides a 20-foot-high entrance
and will be approximately 2800 square feet in size, He also noted that they will be brick on the front, possibly
with wood lath on the back; and the garage will be connected via a breezeway.
Each of the Commissioners expressed general support for the proposal.
Mayor Kirchhoff thanked the applicant for the opportunity to review the plans and the model.
Break - 4:05 to 4:10 p.m.
Mayor Kirchhoff declared a break from 4:05 p.m. to 4:10 p.m., in accordance with Commission
policy.
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Work session re telecommunications ordinance
Included in the Commissioners' packets was a memo from Associate Planner Chris Saunders, dated
March 19, forwarding proposed revisions to the draft telecommunications regulations, as submitted by the
telecommunications industry.
At Mayor Kirchhoff's request, Associate Planner Saunders provided an update on the status of this
ordinance and reported on the results of recent meetings with representatives from the telecommunications
industry. He noted that the existing ordinance was enacted in 1997 and, as a result of concerns raised
during recent review of three proposed towers, the Commission asked staff to look at potential changes to
the ordinance to address technological advances. He reminded the Commission that action on the revised
ordinance was tabled to give staff time to meet with industry representatives and develop alternative
language.
The Associate Planner stated that staff met with a broad variety of industry representatives and, at
times, up to two Commissioners were present at those meetings. He noted that written comment from some
of the industry representatives was previously submitted to the Commissioners, and staff has reviewed that
information. He asked that the Commission provide direction to staff, after which he will craft the language
to be included in the ordinance. He reminded the Commission that notice of the public hearing must be
published before those revisions are considered, particularly since some material changes are being
proposed. He indicated that some operational issues were discussed at the meetings with the industry, but
they are not part of the discussion at this time.
Associate Planner Saunders stated it is important to provide accurate definitions for the section and
proposed creating a definition for a wireless communication facility. He questioned the effects of power
output and suggested that physical size and the characteristics of a tower may be more appropriate items
on which to base a decision.
The Associate Planner turned his attention to submittal requirements, noting it is best to have those
who know the industry submit the information. He indicated that having the FCC regulations and
exemptions available in the Planning Office can be beneficial to staff and citizens when considering a
specific application. He noted that many items in the ordinance interact, and the height limitations are
among those.
Mayor Kirchhoff noted that collocation and necessity seemed to be the major stumbling blocks when
considering the two previous formal applications.
Associate Planner Saunders noted that, through mapping, a provider can determine where additional
antennae are needed; and different providers can have different needs. He recognized that the City is
uncomfortable with a provider putting up a large, obtrusive facility; however, he noted that financial and
operational issues must be considered. He suggested that the City may wish to re-evaluate when
commitments are required, noting that a letter of intent may be adequate initially.
The Associate Planner noted that the language in the ordinance is currently very prescriptive and
suggested that an alternative would be to require the applicant to demonstrate that all viable options have
been pursued and rejected.
Mayor Kirchhoff stated he still feels that limiting the proliferation of towers serves an important
purpose and is worth pursuing in the smartest way possible. He then recognized that, if people want to take
advantage of technology, they must also accept the infrastructure necessary to provide it.
Commissioner Youngman expressed concern about not imposing a height limitation beyond the
requirement that it not be lit, noting that would generally allow a 200-foot tower, because of the significant
visual impacts that could result.
Associate Planner Saunders stated that the Commission could establish a height limitation, possibly
at 100 feet or 120 feet. He then noted that the height limitations could also vary, depending on whether the
tower is located on the flat or on a hill.
Commissioner Hietala suggested that, the taller the tower, the more location requirements should
be imposed. He noted that those could include a burden of proof on the inability to collocate.
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Mr. Jeff Tong, Bridger Communications, stated that height and collocation are inter-related. He
noted that if similar services are located on the same tower, as much as a 20-foot separation may be
necessary for them to work properly. As a result, he noted that collocation increases the height of the
tower, and height restrictions limit the number of users on a tower.
Associate Planner Chris Saunders turned his attention to the standards in Section 18.57.040.0.,
noting that staff feels the case referenced in the letter from the law firm is not applicable. He stated,
however, given the complexities of telecommunications law, it would be a good idea to retain expert counsel
to review the proposed ordinance prior to adoption.
Responding to Mayor Kirchhoff, the Associate Planner stated that he has received telephone calls
from five parties interested in submitting applications for communications towers.
Commissioner Brown stated he attended a technical session on telecommunications and recognizes
how complicated the area is. He then voiced his support for retaining expert counsel to ensure that the
City's regulations are appropriate; a majority of the Commissioners voiced concurrence.
Associate Planner Saunders stated that he will be attending a national planning conference in
Denver next week, where one of the sessions is on telecommunications. He hopes to have proposed
revisions prepared within thirty days after he gets back from that conference.
Discussion - FYI Items
The following "For Your Information" items were forwarded to the Commission.
(1 ) Copy of an e-mail message from Rhonda Hildreth, dated March 19, suggesting that the City
purchase the SAE House and restore it for a public library and community center.
(2) Letter from Bozeman TV, Cabinet and Appliance, Inc., opposing the proposal to post 2-hour
parking signs on East Mendenhall Street in front of the old Farm Credit Service building.
(3) Agenda for the School District No.7 Board of Trustees meeting to be held at 7:00 p.m. on
Monday, March 24, at the Willson School.
(4) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on
Tuesday, March 25, at the Professional Building.
(5) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, March
25, at the Professional Building.
(6) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, March 25,
in the Commission Room.
(7) Agenda for the Gallatin County Planning Board meeting to be held at 6:30 p.m. on Tuesday,
March 25, in the Commission Room, along with minutes from their meeting held on January 28, 2003.
(8) Draft minutes from Bozeman Alcohol Policy Advisory Council meeting held on March 19,
2003.
(9) Draft minutes from the Community Affordable Housing Advisory Board meeting held on
January 29, 2003.
(10) Listing of planning projects to be considered at upcoming Commission meetings, dated
March 20,2003.
(11 ) E-mail from the Chamber of Commerce forwarding the legislative update dated March 21,
2003.
(12) Director of Public Service Debbie Arkell noted that staff will be meeting with representatives
from Montana Rail Link on Wednesday to review the preferred site for the transfer station and to determine
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whether MRL owns a 200-foot-wide strip along the railroad track and, if so, whether they would be willing
to grant the City an easement to use a portion of that right-of-way for the transfer station operations.
Recess. 4:55 p.m.
Mayor Kirchhoff recessed the meeting at 4:55 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.
Presentation of report from transit task force
Included in the Commissioners' packets was a copy of the Gallatin Valley Public Transportation
System Design and Outreach Study, a proposal prepared by Western Transportation Institute in
cooperation with Short Elliott Hendrickson, Inc., dated March 19, 2003.
Mr. Brian Close, Chair of the transit task force, noted this is a follow-up to the presentation in
January. He stated that this proposal is for additional outreach and study as recommended by the task force
and includes seven tasks that will provide the data necessary for the City of Bozeman, Gallatin County and
the public to make an informed decision on a transit system. Those tasks include establishing a city/county
stakeholders' board; an outreach program; a public survey; an interim report; a technical assessment; a final
report; and general stakeholders' board support.
Mr. Close noted that the creation of a city/county stakeholders' board requires an interlocal
agreement. He indicated that, with the assistance of County Attorney Marty Lambert, he has begun drafting
that document and is willing to proceed with the preparation, pro bono, if the Commission wishes. He stated
that he would be ready to submit that document to the Commission for consideration at its April 7 meeting.
Mr. Close stated that the outreach and study will cost $46,000 and expressed his hope that the City
and the County will be willing to split those costs, with each entity paying $23,000.
Ms. Lisa Ballard, research engineer with the Western Transportation Institute (WTI) gave a quick
overview of the proposal. She noted the purpose of the project is to continue gathering and analyzing
information and to identify the mix of transit services that have the most public support. She indicated that
a political decision is needed in August to place the creation of an urban transportation district on the
November ballot. If that ballot issue is successful, she stated that the transit system should be in place in
2005.
Ms. Ballard briefly reviewed the results of the survey conducted in Bozeman in 2001, and noted that
similar information must be gathered from Four Corners and Belgrade since those areas have been
identified for inclusion in the district. She concluded by giving an overview of the $46,000 budget for this
project and noting that this presentation will be made to the County Commission at its meeting tomorrow.
Responding to Commissioner Brown, Mr. Close suggested that the City could make its funding
commitment contingent upon the County approving its portion.
Responding to Mayor Kirchhoff, Ms. Ballard stated that the County must take the lead role on the
transit issues, with the City serving in a support role.
Commissioner Brown pointed out that the initial report from the task force was completed with no
budget and with the task force relying heavily on WTI and the GalaVan Board. Since that report was
completed, SEH Engineering has become involved in this project and recently provided a report for the
downtown, written in anticipation of the imminent paving of Main Street. He indicated that monies are now
needed to develop details, and informal conversations with one of the County Commissioners reflected
support for funding one-half of those costs.
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Mr. Brian Close emphasized that both SEH Engineering and WTI have a considerable amount of
experience with transit systems across the country, and the City and County will benefit from that expertise
at a very reasonable cost. He noted that the information to be generated in the outreach study will be
beneficial, since it will allow the City, the County and the public to make informed decisions.
Mayor Kirchhoff asked that the request for funding for the study be placed on next week's agenda.
He noted that the issue of preparing an interlocal agreement can also be addressed at that time.
Public hearina - Conditional Use Permit - Kirsten Emborg Consultina for First Baptist Church of
Bozeman - allow re-use of existing medical office buildina on the north 10 feet of Lot 14. Lots 15 and
16. Block 12. Springbrook Addition. as a community center (214 North 11th Avenue) (Z-03033)
This was the time and place set for the public hearing on the Conditional Use Permit, as requested
by Kirsten Emborg Consulting for the First Baptist Church of Bozeman under Application No. 2-03033, to
allow re-use of the existing medical office building on the north 10 feet of Lot 14, and Lots 15 and 16, Block
12, Spring brook Addition, as a community center. The subject property is located at the southeast corner
of the intersection of North 11th Avenue and West Beall Street and is known as 214 North 11th Avenue.
Mayor Kirchhoff opened the public hearing.
Assistant Planner Jami Morris presented the staff report. She stated that the building is located
across the street from Bozeman High School and Chief Joseph Middle School. She noted that, based on
the square footage of the building, a total of 11 parking spaces is required; five of those spaces plus one
disabled accessible space are available in the parking lot at the back of the building and the remaining six
spaces are to be provided on the street through the use of parking permits. In addition, parking is allowed
in the West Beall Street right-of-way through an agreement signed in 1982.
The Assistant Planner stated that staff has reviewed this application in light of the criteria set forth
in the zone code, and staff's comprehensive findings are contained in the written staff report. She briefly
highlighted the findings and the conditions recommended by staff for approval of this application.
Ms. Kirsten Emborg, representing the applicant, stated that the First Baptist Church currently
provides youth services at its South Grand Avenue location but has outgrown that facility. She encouraged
approval of the application, stating she feels this is a good use for the building which is located across the
street from two schools.
Rev. Lynn Dooley, First Baptist Church, stated that they plan to have youth activities in this building
from 5:00 p.m. to 9:00 p.m. on Sundays; over the lunch hour and at 4:00 p.m. on Wednesdays; and from
7:00 p.m. to 11 :00 p.m. on Thursdays, Fridays and Saturdays. She indicated that the facility will be staffed
with two people when it is open and is a great location for a youth ministry. She noted the building has been
vacant for two years, and closing is planned for March 27, contingent upon City approval. She indicated
that they plan to install a fence between the community center and the adjacent fourplex. She noted that
the Blue Iguana has lost its funding and will be closing next week, and this building will give their facility
room to grow and to accommodate those from the Blue Iguana who are interested in supporting this center.
She concluded by noting that several members of the church are present to show their support.
Mr. Wes Dunham, 304 North 10th Avenue, spoke in opposition to the center, noting that all youth
centers become drug places. He stated that the building should continue to house doctors' offices rather
than being converted to a youth center or a community center.
Ms. Jeanne Boucher, Boys and Girls Club, spoke in support of the center, noting that not all youth
centers become drug centers. She indicated that people getting together to support the youth of the
community is very important.
Mr. Paul Newby, member of the First Baptist Church, stated that, as property manager, he will
personally guarantee that this center will not become a drug place. He noted, in fact, that is the kind of
problems this community center is aimed at defeating.
Mr. Aaron Nichols, Youth Pastor at First Baptist Church, stated that he moved to Bozeman in 1989
and, after graduating from high school, was a business owner before going to school and becoming a
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pastor. He characterized drugs as a blight on society and noted that youth centers become drug havens
only if allowed to do so. He stated that he has seen lives destroyed by drugs and cautioned that they are
not just an inner city problem. He assured the Commission that the youth center is designed to provide a
safe and positive atmosphere and will have a zero tolerance policy.
Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing.
It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the Conditional Use
Permit, as requested by Kirsten Emborg Consulting for the First Baptist Church of Bozeman under
Application No. 2-03033, to allow re-use of the existing medical office building on the north 10 feet of Lot
14, and Lots 15 and 16, Block 12, Springbrook Addition, as a community center, be approved subject to the
following conditions:
1. The applicant must submit seven (7) copies of a final site plan within 6 months of
preliminary approval containing all of the conditions, corrections and modifications
to be reviewed and approved by the Planning Office.
2. A building permit must be obtained prior to the work, and must be obtained within
one year of final site plan approval. Building permits will not be issued until the final
site plan is approved. Minor site surface preparation and normal maintenance shall
be allowed prior to submittal and approval of the final site plan, including excavation
and footing preparation, but NO CONCRETE MAY BE POURED UNTIL A
BUILDING PERMIT IS OBTAINED.
3. The applicant shall enter into an Improvements Agreement with the City to
guarantee the installation of required on-site improvements at the time of final site
plan submittal. If occupancy of the structure is to occur prior to the installation of all
required on-site improvements, the Improvements Agreement must be secured by
a method of security equal to one and one-half times the amount of the estimated
cost of the scheduled improvements not yet installed. Said method of security shall
be valid for a period of not less than twelve (12) months; however, the applicant
shall complete all on-site improvements within nine (9) months of occupancy to
avoid default on the method of security.
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.
5. All special conditions and code provisions shall constitute restrictions running with
the land, shall be binding upon the owner of the land, his successors or assigns,
shall be consented to in writing by the applicant prior to commencement of the use
and shall be recorded as such with the Gallatin County Clerk and Recorder's Office
by the property owner prior to the final site plan approval or commencement of the
use.
6. All of the conditions and code provisions specifically stated under any conditional
use listed in this title shall apply and be adhered to by the owner of the land,
successor or assigns.
7. Eleven total parking spaces must be provided for the community center. The
parking lot shall be redesigned to comply with Section 18.50.110.8., "Stall, Aisle and
Driveway Design," for parking stall dimensions and aisle widths. Per Section
18.50.110.B.5., "Backing into Public Right-of-Ways," parking area design, which
requires backing into the public street or alley, allows the width of the public right-of-
way to be incorporated into the aisle width calculation.
8. Per Section 18.50.110.F.3., "Disabled Accessible Parking Spaces," accessible
spaces shall be located as near as practical to a primary entrance. Parking spaces
and access aisles shall be level with slopes not exceeding 1 :50 in all directions.
Raised signs shall be located at a distance no greater than five feet from the front
of each accessible space and shall state "Permit Required $100 Fine." The space
shall also be signed "Van Accessible."
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9. All exterior lighting shall be depicted on the final site plan including wall-mounted,
pole style/parking lot, awning and exterior illumination of any proposed signage. As
per Section 18.50.035.A., "Glare and Lighting," any lighting, including that for
security purposes, used to illuminate an off-street parking area, sign or other
structure, shall be arranged so as to deflect light down and/or away from any
adjoining properties and shall not detract from driver visibility on adjacent streets.
Luminaires and lenses shall not protrude below the edge of the light fixture.
10. A Sign Permit Application shall be reviewed and approved by the Planning Office
prior to the construction and installation of any signage on-site in accordance with
Section 18.65 of the Bozeman Municipal Code, including contractor, real estate and
lending institution signs temporarily posted on-site during and after construction of
the building.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala,
Commissioner Brown, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting
No, none.
Break ~ 7:40 to 7:45 p.m.
Mayor Kirchhoff declared a break from 7:40 p.m. to 7:45 p.m. in accordance with Commission policy.
Continued public hearina ~ preliminary plat for Walton Homestead Subdivision PUD ~ Durston
Development Corporation ~ subdivide 35.376 acres described as Tracts 1-4. COS No. 2085 and parcel
described in Book 144. Paae 373. into 51 single-familv residential lots. 5 multi-familv residential lots.
70 townhouse residential lots and 8 commercial lots. with relaxations from Sections 16.14.020.H..
16.14.030.B.. 16.14.030.0.. 16.14.040. 16.16.010.1. and 16.16.070. Bozeman Municipal Code. re
minimum lotfrontaae. block lenath. sidewalks. private streets and minimum distance between public
and/or private accesses onto a public street (between Durston Road and West Oak Street at North
15th Avenue extended) (P~02050)
This was the time and place set for the continued public hearing on the preliminary plat for the
Walton Homestead Subdivision Planned Unit Development, as requested by Durston Development
Corporation under Application No. P-02050, to subdivide 35.376 acres described as Tracts 1 through 4,
Certificate of Survey No. 2085 and the parcel described in Book 144, Page 373. into 51 single-family
residential lots, 5 multi-family residential lots, 70 townhouse residential lots and 8 commercial lots. Also,
the applicant is seeking relaxation from several sections of the subdivision regulations, as follows: (1) from
Section 16.14.020.H., requiring a minimum of 25 feet of frontage on a public street or on a public street
easement for each lot, to allow lots fronting onto a pocket park; (2) from Section 16.14.030.8., to exceed
the maximum block length of 400 feet; (3) from Section 16.14.030.0., to exceed the maximum block length
of 400 feet without a pedestrian walk; (4) from Section 16.14.040, to eliminate sidewalks on one side of the
private streets; (5) from Section 16.16.010.1., to allow private streets; and (6) from Section 16.16.070, to
exceed the minimum distance between public and/or private accesses onto a pUblic street. The subject
property is located between Durston Road and West Oak Street at North 15th Avenue extended.
Included in the Commissioners' packets was a memo from Senior Planner Dave Skelton and
Assistant Planner Susan Kozub, dated March 19, forwarding a revised preliminary plat and a revised
preliminary PUD plan, along with additional information on this and the next agenda item as a result of the
reviews by the City Planning Board and the Zoning Commission. Distributed just prior to the meeting were
a memo from the Bozeman Area Bicycle Advisory Board, dated March 19, forwarding comments concerning
bicycle facilities associated with the project; a letter from Steven Ault, dated March 24; and an e-mail from
Alice Tor, dated March 21.
Mayor Kirchhoff reopened the continued public hearing.
Senior Planner Dave Skelton presented the staff report. He reminded the Commissioners that the
original information for this application was submitted a couple of months ago, and this pUblic hearing has
been continued several times to give the applicant an opportunity to make the modifications necessary to
accommodate a new alignment for North 14th Avenue. He noted that the Commission conducted an
03-24-03
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informal review of this application which showed the North 14th Avenue alignment entirely on County
property. The formal application also showed that alignment; however, the applicant was unable to obtain
a written easement from the County and, as a result, the redesign was necessary. He indicated that the
original information submitted has been updated with information from the March 18 City Planning Board
meeting via the memo dated March 19.
The Senior Planner stated that under this application, 35 acres lying between Durston Road and
West Oak Street, immediately west of the Gallatin County Rest Home, are to be subdivided for multi-use
development. He indicated 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 summarized those findings,
noting there is adequate infrastructure in the area.
In conjunction with this subdivision, the applicant is seeking a number of relaxations from the
subdivision regulations. The Senior Planner stated that the streets within this subdivision are to be a mix
of public and private streets, with a number of the private streets having sidewalks on only one side of the
street. He also noted that some of the blocks exceed 400 feet in length. He indicated that the protective
covenants for this subdivision include landscape and architectural guidelines, and staff has identified a
number of items to be addressed in those guidelines. He noted that limited public testimony has been
received on this proposed subdivision. One of the letters received is from the property owner to the west,
who has requested that single-family homes be located on the southern portion of the property, adjacent
to her property; that screening along the property line be required; and voicing concerns about the potential
negative impacts from the public trail easement proposed along the western property line.
Senior Planner Skelton concluded his presentation by highlighting the 43 conditions contained in
the resolution from the City Planning Board and the additional condition recommended by the Engineering
Department.
Responding to Commissioner Youngman, the Senior Planner stated the original proposal shows
typical boulevard sidewalks on the south side of West Oak Street. Staff has recommended that bike paths
also be included along the south side of the street; however, the applicant has voiced concern about the
negative impacts that path might have on the plaza and bus stop. He then cautioned that whatever is done
on this property will set the standard for the remainder of West Oak Street between North 7th Avenue and
North 19th Avenue.
Mr. Bill Hanson, architect representing the applicant, gave a power point presentation ofthe property
and the proposed subdivision. He noted that North 14th Avenue was originally designed to be located on
the Gallatin County property immediately to the east of this parcel, as the result of a verbal agreement. He
stated, however, that they were unable to negotiate a written agreement that would allow the applicant to
construct the street entirely on County property. The project has now been redesigned to allow for the
construction of a 24-foot-wide street on this property, with the remainder of the street to be constructed on
the County property when it develops.
Mr. Hanson stated that this development is broken into three components, to include single-family
and multi-family residential, apartments, and commercial development. He indicated that development is
to occur in three phases, with Phase I being located west of North 15th Avenue, Phase II being the
residential component on the southern portion of the parcel, and Phase III being the development north of
West Juniper Street. He stated that two of the structures originally planned for commercial use have been
changed to apartment buildings. He then indicated that three pocket parks have been proposed in addition
to the one larger park area.
Mr. Hanson stated that a 16-foot-wide pedestrian plaza has been proposed between the two
commercial buildings and West Oak Street in conjunction with a proposed transit stop. This plaza is to be
located within the 50-foot-wide setback from West Oak Street and is designed to connect the street with the
interior of the development.
Mr. Bill Hanson stated the proposed trail along the west property line is actually a duplication of the
facilities within North 15th Avenue. He noted that, given the narrowness of the site, ranging from 600 feet
on the south end to 650 feet on the north end, and the proximity of the North 15th Avenue right-of-way to
the west property line, the applicant feels this trail is not needed. Also, that trail would further constrict
construction on the lots which are already narrow. He stated the applicant proposed to provide affordable
housing within this subdivision, with the units being sold for $120,000 to $140,000.
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Mr. Hanson indicated that east/west street connections are difficult given existing development to
both the east and the west. As a result, West Juniper Street is the only street proposed to provide a
connection to adjacent properties. He noted that the apartments are designed to create a transition from
the residential areas to the commercial development in this subdivision. He stated that the pocket parks
are very small, generally about 75 feet by 108 feet. They are dispersed throughout the subdivision and are
designed to serve as the hub of the complex. He noted that the developer plans to provide these small
parks with the amenities needed to make them attractive and well used.
Mr. Bill Hanson reviewed the changes between the original design and the current design, noting
that most aspects became smaller. He noted that the commercial area has been reduced from 95,000
square feet to 70,000 square feet; the retail space has been reduced from 15,000 square feet to 12,000
square feet; the number of townhomes has been reduced from 121 to 118; the number of apartments has
been changed from 86, with 30 of those being loft units, to 92 with 16 of those being loft units; and the
pocket park at the end of Jessie Street has increased from 12,500 square feet to 24,000 square feet.
Mr. Gene Cook, applicant, stated that conversations with realtors and young mothers revealed that
small park areas very close to the home are preferable to a larger park area further away from the home.
He then turned has attention to the irrigation ditch that runs through the property, noting it was the subject
of litigation between the City and Mr. Walton several years ago. He indicated that he intends to sell the
water rights in that ditch and to close it, at least as it runs through the southern portion of the property.
Mrs. Esther Nelson, owner of the mobile home park to the west of this property, noted that thirty to
forty of the residents in the park, most of whom are retired professional and business people, will be
impacted by development of this property. She stated it is very important that a fence be constructed to
protect them from nuisance noise, trash, dogs and other situations. She also asked that the developer
emphasize the animal control regulations. Further, she asked that construction be limited to the hours of
7:00 a.m. to 7:00 p.m., to minimize impacts on the adjacent residents. She concluded by encouraging the
Commissioners to carefully consider the comments contained in her letter, which was included in the
packets.
Mrs. Jane Jelinski, member of the Board of Directors for the Boys and Girls Club, stated that the
developer has given them a commitment to provide a site for a future club. She spoke in favor of this
application, noting it provides for dense housing with pocket parks, which is great for a young mother. She
stated that in the 1970s, she lived in a similar setting and, as a result, she is an advocate of this type of
housing. She then noted that to require a trail along the western boundary of the property when both
pedestrian and bicycle facilities are being provided in the North 15th Avenue right-of-way would not be in
the public interest.
Mr. Robert Hamlin, Gallatin Valley Land Trust, stated that the organization has worked hard in
cooperation with the City and other organizations to develop the Main Street to the Mountains trail system.
He acknowledged the constraints of the site but encouraged the Commission to require the trail along the
western boundary of this property, noting it will allow people to move from the school to the shopping
complex in Bridger Peaks Town Center without going on streets. He then noted that the power point
presentation showed pocket parks surrounded by housing but, in some instances, the proposed pocket
parks in this subdivision are almost surrounded by roads. He concluded by noting that the Bozeman 2020
Community Plan shows a trail through this area.
Ms. Tami McLaughlin, 1212 South Cedarview, voiced her support for this application, noting it will
provide affordable housing that can be easily financed. She stated that privacy is an issue for both the
single-family residents within this development and the residents of the adjacent mobile homes, and it does
not appear there is adequate room to require a trail along the western boundary without impacting that
privacy. She suggested that the sidewalk and bicycle lane in North 15th Avenue should adequately address
those needs. She concluded by encouraging approval of the project.
Mr. Dan Nelson, Nelson's Mobile Home Park, voiced concern that over the past 25 years, bike paths
have turned into runways for dogs and joggers. He then noted it is not appropriate to have people walking
through one's back yard.
Mr. David Baumbauer, Chair of the Bozeman Area Bicycle Advisory Board, noted that the Board has
submitted a memo dated March 19 forwarding its concerns. He stated that having a 10-foot-wide bicycle
03-24-03
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path on only the north side of West Oak Street could create safety problems and encouraged the
Commission to require a 10-foot-wide bicycle path on the south side of the street as well.
Responding to Commissioner Cetraro, Senior Planner Skelton stated that staff and the Design
Review Board felt that the trail on the west side of the property was not necessary, given its proximity to
North 15th Avenue. He then stated that, if the Commission wishes to require that trail, an easement will be
necessary. He then indicated that no lot has been dedicated to the Boys and Girls Club and, if the
developer wishes to proceed with that dedication, one more lot must be created within this subdivision.
Since that would be considered a minor modification, staff can address that revision in conjunction with the
final plat.
Responding to Commissioner Youngman, the Senior Planner stated the Recreation and Parks
Advisory Board and Superintendent of Facilities and Lands James Goehrung recommended that the pocket
parks be owned and maintained by the homeowners' association. He noted that, while landscape features
were discussed, no specific proposal for providing playground equipment was made. He suggested that,
if the Commission wishes, it could include that requirement in its action.
Mr. Bill Hanson stated that the proposed lot for the Boys and Girls Club will not require any redesign
of the subdivision, except to create a lot on the north end of the park area. He cited the pocket park along
South Avenue in Missoula as an example of a highly successful pocket park bounded by roads on three
sides. He assured the Commission that the applicant plans to develop the pocket parks, with each park
having slightly different equipment and amenities. He then turned his attention to the plaza along West Oak
Street, stating that to include a bike path through it could create conflict with the pedestrians.
Commissioner Youngman noted that the transportation plan calls for a separated pathway for
bicycles, to protect children and those who are not comfortable riding on a busy street next to vehicles that
are moving at higher speeds.
Mr. Ray Center, Rocky Mountain Engineers, stated that, even if a trail is required along the western
boundary, it cannot be extended to Durston Road. As a result, he encouraged the Commission to not
require the trail and to allow the facilities in the North 15th Avenue right-of-way to serve the needs of the
area.
Mr. Gene Cook stated a willingness to build a 6-foot-high fence along the western boundary to
minimize impacts on the adjacent mobile home court. He asked that he not be required to provide a trail
because of the limited space on the lots along the western boundary of the parcel.
Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing.
Commissioner Brown recognized the validity of the arguments against constructing a trail along the
western boundary and indicated that he can accept those arguments.
Commissioner Cetraro voiced his concurrence.
Commissioner Youngman stated her support for adding a condition to require the construction of
a fence, cautioning that if it is not the subject of a condition, it won't get done. She then noted that requiring
a bike lane along the south side of West Oak Street is the single most important issue for her.
City Manager Johnson cautioned that Aspen Meadows and Santa Fe Red's will create a problem
with the configuration of a bicycle path along the south side of West Oak Street between the subject
property and North 7th Avenue.
Commissioner Cetraro recognized the developer's concerns about the bike path and stated he feels
it is better to not require a path than to create confusion by having only segments of the path.
Mayor Kirchhoff recognized the intent of the bike path is to ensure safety, and he would like to follow
through on that intent.
Planning Director Epple noted there are various alternatives in the transportation plan for arterial
standards and suggested that one of those alternatives could be used rather than the standard used on the
north side of the street.
03-24-03
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Commissioner Brown suggested that the conditions be revised to require a bike path or another
equivalent solution approved by the Bozeman Area Bicycle Advisory Board on the south side of West Oak
Street.
Mayor Kirchhoff stated he is sad to think about a fence along the western property line, noting it is
counter to a trail system. He then suggested that a trail would add value to the adjacent properties rather
than being the detriment that has been depicted.
Planning Director Epple cautioned that there is mature vegetation along the property line, and
mandating a fence along the entire length of the boundary could negatively impact that vegetation. As a
result, he suggested that fencing could be required only where vegetation does not exist or is not adequate
for the desired screening.
Commissioner Brown suggested it might be preferable to let the neighbors address this issue rather
than imposing a strict condition.
Commissioner Youngman indicated she does not support a trail along the western boundary; a
majority of the Commissioners expressed concurrence.
Commissioner Youngman then turned her attention to the pocket parks, suggesting that a condition
be added to require the development of those parks and installation of playground equipment or other
usable equipment. She recognized the principles behind pocket parks; however, she noted that the pocket
parks as designed do not seem to meet those principles. She suggested that, if at all possible, they be
slightly reconfigured to be more valuable to surrounding residences.
Mayor Kirchhoff stated he feels this application provides for a great mix of uses, nice home designs,
and a good use of pocket parks. He stated, however, he continues to be concerned about the traffic
circulation and lack of easUwest connectors. Because of his concerns, he is unable to support this
application.
It was moved by Commissioner Brown, seconded by Commissioner Youngman, that the preliminary
plat for the Walton Homestead Subdivision Planned Unit Development, as requested by Durston
Development Corporation under Application No. P-02050, to subdivide 35.376 acres described as Tracts
1 through 4, Certificate of Survey No. 2085 and the parcel described in Book 144, Page 373, into 51 single-
family residential lots, 5 multi-family residential lots, 70 townhouse residential lots and 8 commercial lots,
with relaxations from several sections of the subdivision regulations, as follows: (1) from Section
16.14.020.H., requiring a minimum of 25 feet of frontage on a public street or on a public street easement
for each lot, to allow lots fronting onto a pocket park; (2) from Section 16.14.030.8., to exceed the maximum
block length of 400 feet; (3) from Section 16.14.030.0., to exceed the maximum block length of 400 feet
without a pedestrian walk; (4) from Section 16.14.040, to eliminate sidewalks on one side of the private
streets; (5) from Section 16.16.010.1., to allow private streets; and (6) from Section 16.16.070, to exceed
the minimum distance between public and/or private accesses onto a public street, be approved subject to
the following conditions:
1. Stormwater Master Plan:
A Stormwater Master Plan for the subdivision for a system designed to remove
solids, silt, oils, grease and other pollutants from the runoff from the private and
public streets and all lots must be provided to and approved by the City Engineer.
The master plan must depict the maximum sized retention basin location, show
location of and provide easements for adequate drainage ways within the
subdivision to transport runoff to the stormwater receiving channel. The plan shall
include sufficient site grading and elevation information (particularly for the basin
site, drainage ways and finished lot grades), typical stormwater detention/retention
basin and discharge structure details, basin sizing calculations and a stormwater
maintenance plan.
Any stormwater ponds located within a park or open space shall be designed and
constructed to be conducive to the normal use and maintenance of the open space.
Stormwater ponds for runoff generated by the subdivision (e.g., general lot runoff,
03-24-03
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public or private streets, common open space, parks, etc.) shall not be located on
easements within privately owned lots.
While the runoff from the individual lots will be dependent on the intensity of use on
each lot, the maximum sizing of the storm retention facilities for each lot will be
established based on maximum site development. Final facility sizing may be
reviewed and reduced during design review of the final site plan for each lot.
2. Plans and specifications and a detailed design report for water and sewer main
extensions, storm sewer and the public street, prepared by a Professional Engineer,
shall be provided to and approved by the City Engineer and the Montana
Department of Environmental Quality. The Applicant shall also provide professional
engineering services for construction inspection, post-construction certification, and
preparation of mylar record drawings. Construction shall not be initiated on the
public infrastructure improvements until the plans and specifications have been
approved and a pre-construction conference has been conducted.
No building permits shall be issued prior to substantial completion and City
acceptance of the required infrastructure improvements.
3. All infrastructure improvements including water and sewer main extensions, streets,
curb/gutter, and related storm drainage infrastructure improvements shall be
financially guaranteed or constructed prior to final plat approval. City standard
sidewalks (including a concrete sidewalk section through all private drive
approaches) shall be constructed in all subdivisions on all pUblic and private street
frontages prior to occupancy of any structure on individual lots. Upon the third
anniversary of the plat recordation of any phase of the subdivision, any lot owner
who has not constructed said sidewalk shall, without further notice, construct within
30 days, said sidewalk for their lot(s), regardless of whether other improvements
have been made upon the lot.
An Improvements Agreement shall be entered into with the City of Bozeman
guaranteeing the completion of all sidewalks within the subdivision within a 3-year
period. The developer shall supply the City of Bozeman with an acceptable method
of security equal to 150 percent of these remaining sidewalk improvements.
The subdivider shall install sidewalks adjacent to public lands, including but not
limited to, parks, open space, and the intersection of alleys and streets or street
easements. Sidewalks in these areas shall be installed prior to final plat approval,
or shall be subject to an approved improvements agreement and financially
guaranteed.
4. The location of existing water and sewer mains shall be properly depicted.
Proposed main extensions shall be noted as proposed.
5. The Montana Department of Fish, Wildlife and Parks; SCS; Montana Department
of Environmental Quality; and Army Corps of Engineers shall be contacted regarding
the proposed project and any required permits (Le., 310, 404, turbidity exemption,
etc.) shall be obtained prior to final site plan approval.
6. Ditch relocation:
a. The Montana Department of Fish, Wildlife and Parks shall be
contacted by the applicant regarding the proposed relocation and
any required permits (Le., 310, 404, turbidity exemption, etc.) shall
be obtained prior to final site plan approval.
b. The applicant shall obtain written permission from the ditch owner
for the proposed relocation.
03-24-03
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7. Easements for the water and sewer main extensions shall be a minimum of 30 feet
in width, with the utility located in the center of the easement. In no case shall the
utility be less than 10 feet from the edge of easement.
8. Project phasing shall be clearly defined including installation of infrastructure. The
developer shall make arrangements with the City Engineer's office to provide
addresses for all individual lots in the subdivision prior to filing of the final plat.
9. An access permit shall be obtained from the Montana Department of Transportation
for the intersection of West Oak Street and North 15th Avenue, and the permit shall
be verified for North 14th Avenue.
10. West Oak Street shall be widened to one half of its ultimate width of 78 feet,
including all required striping, and installation of curb, gutter, and sidewalk along the
entire frontage of this subdivision.
11. The location of the intersection of Walton Way and Durston Road in relation to the
existing access for the nursing home shall be approved by the Director of Public
Service.
12. The intersections of North 15th Avenue and Durston Road, and Walton Way and
Durston Road shall match the grades designed for the widening of Durston Road.
13. The geometric improvements for North 15th Avenue and West Oak Street
recommended by the traffic impact analysis prepared for the project shall be
incorporated into the design. All striping shall be thermoplastic or preformed plastic
tape.
14. The traffic impact analysis prepared for the project indicates that the intersection of
Durston Road and North 15th Avenue will operate at a Level of Service "F." Per
Section 16.08.050.L.6.d.ii of the Bozeman Municipal Code, all arterial and collector
streets and movements on all intersection approach legs designated as arterial or
collector streets shall operate at a minimum Level of Service "C." Unless further
traffic analysis demonstrates that the Level of Service "F" would not be reached until
a later phase of the development, all improvements necessary to achieve a
minimum Level of Service "C" shall be completed prior to final plat approval of any
phase.
15. North 15th Avenue shall be centered on the 1 /16th line at its intersection with Oak
Street.
16. That the applicant obtain written approval from the Superintendent of Facilities and
Lands of a parkland implementation plan outlining installation of landscape
improvements, trail/bike path improvements, and maintenance and upkeep of the
parklands and trails, and that said implementation plan be noted accordingly in the
protective covenants and restrictions ofthe property owners' association documents,
for review and approval prior to final plat approval.
17. That the developer submits a formal development plan signed by a certified
landscape architect for the design of all dedicated parklands and pocket parks within
said subdivision for review and approval by the Superintendent of Facilities and
Lands and the Recreation and Parks Advisory Board. Details of plantings, species,
topography, irrigation system, and any permanent park features, including
playground equipment, shall be shown and discussed with the plan. Construction
of the parkland improvements will be to City standards and must be completed with
City oversight. Improvements shall be installed within all dedicated parklands
according to the Implementation Plan and schedule approved by the Superintendent
of Facilities and Lands and the Recreation and Parks Advisory Board.
03-24-03
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18. That public bike lanes be installed with the street improvements to North 15th
Avenue and that provisions for bike paths along West Oak Street, or a 10-foot-wide
bicycle/pedestrian path in lieu of a sidewalk, or an alternative design approved by
the Bozeman Area Bicycle Advisory Board, be implemented with the development
of all subdivision lots fronting onto the arterial street. Some form of traffic calming
shall be installed at the intersection of Juniper Street and North 15th Avenue, the
design of which shall be subject to review and approval by the Engineering
Department.
19. That the subdivision blocks within the subdivision plat separated by dedicated public
rights-of-way shall be clearly delineated using individual block numbers with each
block containing its own group of lot numbers.
20. All areas identified in the subdivision for the purposes of common off-street parking
lots or retention/detention stormwaterfacilities shall be noted on the subdivision plat
as "Common Areas" owned and maintained by the property owners' association, and
noted accordingly in the property owners' association documents, for review and
approval by the Planning Office. All stormwater facilities located in common open
space areas or dedicated parkland shall not be included in the required thirty (30)
percent open space provisions unless properly landscaped as a landscape feature
that is reflected in the planned unit development guidelines. Stormwater facilities
(i.e., underground detention facilities) will not be permitted in the front yard setback
along West Oak Street, unless it can be demonstrated in the landscape guidelines
that said stormwater facilities will not conflict and/or compromise the installation of
required greenway corridor improvements as outlined the zone code.
21. That all above-grade detention/retention ponds that may be proposed in designated
front yards, common open space areas and/or pUblic parkland be designed in an
organic and natural form (i.e., not rectangular or box-like), and that all ponds shall
not exceed a depth of 1 Y:1: feet with a maximum side slope of 1-in-4, unless
otherwise reviewed and approved by the Planning Office, and noted accordingly in
the protective covenants.
22. That a one (1) foot wide "No Access" strip be delineated on the final plat for all
subdivision lots fronting directly onto West Oak Street and Durston Road, for review
and approval by the Planning Office.
23. That Mae Street and Roy Street provide an additional eleven (11) feet of dedicated
right-of-way or public access easement along each side of the private street
proposed for the placement of standard boulevard sidewalks, and that Walton Way
and Jessie Street provide an additional eleven (11) feet along the west side of both
streets for the placement of standard boulevard sidewalks.
24. That street lighting shall be incorporated into the subdivision by one of the following:
a) applicant shall install adequate street lighting throughout the subdivision. Lighting
shall be maintained by means of the Homeowners' Association through protective
covenants; or b) applicant shall participate in a Street Lighting Improvements
District. Street lighting will provide the necessary lighting in accordance with
applicable national safety standards consistent with the preservation of dark skies.
All subdivision lighting provided shall conform to Section 18.50.035 "Glare and
Lighting" of the Bozeman zone code. Details and specifications (cut sheets),
including bulb type and size, and locations shall be provided with the final plat and
subject to review and approval by the Planning and Engineering Departments.
In addition to current City standards, all outdoor lighting, residential, commercial or
otherwise, shall be free of glare, and shall be fully shielded or shall be indirect
lighting. No direct lighting shall be emitted beyond a property's lot line. No ranch
lights or unshielded lights shall be permitted. No mercury vapor lights shall be
permitted. Alley lights shall be fully shielded lights. Covenants of the development
shall reflect these restrictions. For purposes of this paragraph, the following
definitions shall apply:
03-24-03
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a) Fully shielded lights: Outdoor light fixtures shielded or constructed
so that no light rays are emitted by the installed fixture at angles
above the horizontal plane as certified by a photometric test expert;
b) Indirect light: Direct light that has been reflected or has scattered off
of other surfaces;
c) Glare: Light emitting from a luminaire with an intensity great enough
to reduce a viewer's ability to see, and in extreme cases, causing
momentary blindness; and
d) Outdoor lighting: The nighttime illumination of an outside area or
object by any man-made device located outdoors that produces light
by any means.
25. That the final plat and property owners' association documents delineate and
describe the location of all open space areas and pocket parks to be defined as
"common open space" areas, owned and maintained by the property owners'
association, which are available for the enjoyment and use of the residents, guests,
general pubic, and landowners of property within the subdivision, and that the
covenants be modified to include language that distinguishes between "common
open space" and "common areas," and the 1.1-acre dedicated public park as "public
park," for review and approval by the Planning Office prior to final plat approval.
26. That the Declaration of Covenants, Conditions, and Restrictions for the property
owners' association include Developmental Guidelines containing the architectural
and landscape guidelines submitted with the preliminary plat application and
preliminary P.U.D. plan application, as well as the recommended revisions,
corrections, and additions discussed by the Planning Staff on pages 17-19 of the
staff report, for review and approval by the Planning Office prior to submitting for
final plat review.
27. That the applicant consider a redesign of the four-unit townhouse structure on Lot
Nos. 9, 10, 11, and 12 of Block 3 to maximize the development of said lots and
avoid the potential need for variances to the zone code during construction by
maintaining the required yard setbacks and adequate stacking depth for vehicles in
the front yard.
28. That the applicant provide two additional 15-foot-wide pedestrian easements, one
to the west approximately half way between Juniper Street and West Oak Street,
and one to the east in the vicinity of Roy Street. The owners shall be responsible
for installing walkways within the easements consistent with those provided on
adjacent properties at the time of development of said adjacent properties.
29. That water rights, or cash in-lieu thereof, shall be provided and paid for prior to final
plat review and approval. If the final plat of the subdivision is filed in phases, water
rights, or cash-in-lieu thereof will only be required for each phase of the subdivision
that is being filed. The applicant shall provide payment of the calculated cash-in-lieu
of water rights based on an amount determined by the Director of Public Service.
30. That the final plat contain a notation stating that all downstream water user facilities
will not be impacted by this subdivision and that it also be noted accordingly in the
by-laws and protective covenants for the homeowners' association.
31. That the final plat shall comply with Section 16.08.070 and Chapter 16.32 of the City
of Bozeman Subdivision Regulations, and shall conform to all requirements of the
Uniform Standards for Final Subdivision Plats including provisions for all appropriate
certificates and language, certification from the City Engineer that as-built drawings
for public improvements were received, and accompanied by all appropriate
documents, including a Platting Certificate. Four (4) mylar copies of the final plat
03-24-03
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must be submitted for final plat approval, along with two (2) digital copies of the final
plat, on a double sided, high-density 3~-inch floppy disk; and five (5) paper prints.
32. That the applicant obtain Montana Department of Environmental Quality approval
of the subdivision prior to final plat approval pursuant to Section 16.16.101 through
16.16.805 A.R.M.
33. That the applicant provide with the application for final plat review and approval a
copy of a signed Memorandum of Understanding with the Gallatin County Weed
Control District.
34. That the applicant execute and file with the final plat a waiver of right to protest
creation of a city-wide park maintenance district for review and approval by the City
of Bozeman for maintenance and upkeep of dedicated parkland and trail system
prior to final plat approval.
35. The final plat shall provide public utility easements along all front, side and rear lot
lines as required by Section 16.14.050 "Easements" of the subdivision regulations.
However, in the event front and/or rear yard utility easements are used, side rear
yard easements must still be provided on the plat unless written confirmation is
submitted to the Planning Office from all utility companies and Director of Public
Service indicating that front and rear yard 1 O-foot wide easements are adequate to
service said subdivision lots. The easement notation required in Section
16.14.050.B.4 of the Bozeman Subdivision regulations shall also be provided on the
final plat.
36. That the final plat contain the following language that is readily visible with lettering,
at a minimum height of ~ inch, placing future landowners of individual lots on notice
of the presence of high groundwater in the area of the subdivision for review and
approval by the Planning Office:
"Due to the potential of high groundwater tables in the areas of the
subdivision, it is not recommended that residential dwellings or
commercial structures with full or partial basements be constructed
without first consulting a professional engineer licensed in the State
of Montana and qualified in the certification of residential and
commercial construction."
37. That the final plat contain a notation stating that all downstream water user facilities
will not be impacted by this subdivision and that it also be noted accordingly in the
by-laws and protective covenants for the homeowners' and property owners'
association.
38. The subdivider shall ensure that all construction material and other debris is
removed from the subdivision prior to final plat approval, or prior to release of said
financial guarantee, if an Improvements Agreement is necessary with the final plat.
39. That the developer shall enter in an Improvements Agreement with the City of
Bozeman guaranteeing the completion of all improvements in accordance with the
preliminary plat submittal information and conditions of approval. If the final plat is
filed prior to installation of all improvements, the developer shall supply the City of
Bozeman with an acceptable method of security equal to one hundred fifty (150)
percent of the cost of the remaining improvements.
40. That the developer shall have three (3) years from the date of preliminary plat
approval to complete the conditions of preliminary plat approval and apply for final
plat approval. At the end of this period the City Commission may, at the written
request of the subdivider, extend its approval for a period of no more than one (1)
calendar year except that the City Commission may extend its approval for a period
of more than one (1) year if that approval period is included as a specific condition
of a written subdivision improvements agreement between the City Commission and
03-24-03
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the subdivider, provided for in Chapter 16.22 of the Bozeman Subdivision
Regulations.
41. That the applicant submit with the application for final plat review and approval of
Walton Homestead Subdivision P.U.D., a written narrative stating how each of the
conditions of preliminary plat approval has been met or satisfactorily addressed.
42. That North 14th Avenue shall have curb, gutter, standard boulevard, and sidewalk
installed on the west side, and provide a minimum pavement width of 24 feet, all
within a 40-foot-wide pubic right-of-way.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown,
Commissioner Youngman, Commissioner Hietala and Commissioner Cetraro; those voting No being Mayor
Kirchhoff.
Continued public hearina - Conditional Use Permit for Planned Unit Development - Durston
Development Corporation - allow construction of approximatelv 207 residential units. 95.000 sauare
feet of commercial office area and 15.000 sauare feet of retail space on 35.376 acres described as
Tracts 1-4. COS No. 2085 and parcel described in Book 144. Paae 373. with relaxations from Sections
18.20.020. 18.20.030. 18.20.040. 18.20.050. 18.26.020. 18.26.060. 18.26.040. 18.50.110.F. and
18.50.100.E.. Bozeman Municipal Code. re minimum lot area and width. maximum lot coveraae.
minimum yards. lot coveraae. retail uses in the "R-O" District. heiaht restrictions. reduction in
parkina reauirements. and accesses to be closer than that reauired for an arterial street (Walton
Homestead) (between Durston Road and West Oak Street at North 15th Avenue extended) {Z-02231}
This was the time and place set for the continued public hearing on the Conditional Use Permit for
the Walton Homestead Planned Unit Development, as requested by Durston Development Corporation
under Application No. Z-02231, to allow the construction of approximately 207 residential units, 95,000
square feet of commercial office area and 15,000 square feet of retail space on 35.376 acres described as
Tracts 1 through 4 of Certificate of Survey No. 2085 and the parcel described in Book 144, Page 373. Also,
the applicant is seeking relaxations from several sections of the zone code, as follows: (1) from Section
18.20.020, to allow apartments in the "R-3" zoning district; (2) from Sections 18.20.030, 18.20.040 and
18.20.050, to allow reductions in minimum lot area and width, maximum lot coverage and minimum yards
within the "R-3" district; (3) from Section 18.26.020, to allow retail uses in the "R-O" zoning district; (4) from
Section 18.26.060, to allow additional features to exceed the height restrictions in the "R-O" district; (5) from
Section 18.26.040, to allow increased lot coverage in the "R-O" district; (6) from Section 18.50.11 O.F., to
allow reduced parking requirements for both the residential and commercial aspects of the project; and (7)
from Section 18.50.1 OO.E., to allow accesses closer than that required for an arterial street. The subject
property is located between Durston Road and West Oak Street at North 15th Avenue extended.
Included in the Commissioners' packets was a memo from Senior Planner Dave Skelton and
Assistant Planner Susan Kozub, dated March 19, forwarding a revised preliminary plat and a revised
preliminary PUD plan, along with additional information on this and the previous agenda item as a result of
the reviews by the City Planning Board and the Zoning Commission. Distributed just prior to the meeting
was a memo from the Bozeman Area Bicycle Advisory Board, dated March 19, forwarding comments
concerning bicycle facilities associated with the project.
Mayor Kirchhoff reopened the continued pUblic hearing. He noted that the information submitted
during the previous public hearing applies to this hearing as well.
Senior Planner Dave Skelton presented the staff report on behalf of Assistant Planner Susan Kozub.
He noted that seven relaxations from the zone code are being requested in conjunction with this planned
unit development. He indicated that staff has reviewed this application in light of the applicable criteria, and
staff's comprehensive findings are contained in the written staff report. Based on those findings, staff has
forwarded a recommendation for approval, subject to several conditions. He then indicated that, following
its public hearing on this application, the Zoning Commission also forwarded its recommendation for
approval.
Mr. Bill Hanson, architect representing the applicant, indicated a willingness to respond to questions.
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No additional public comment was received.
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 for the Walton Homestead Planned Unit Development, as requested by Durston
Development Corporation under Application No. Z-02231, to allow the construction of approximately 207
residential units, 95,000 square feet of commercial office area and 15,000 square feet of retail space on
35.376 acres described as Tracts 1 through 4 of Certificate of Survey No. 2085 and the parcel described
in Book 144, Page 373, with relaxations from several sections of the zone code, as follows: (1 ) from Section
18.20.020, to allow apartments in the "R-3" zoning district; (2) from Sections 18.20.030, 18.20.040 and
18.20.050, to allow reductions in minimum lot area and width, maximum lot coverage and minimum yards
within the "R-3" district; (3) from Section 18.26.020, to allow retail uses in the "R-O" zoning district; (4) from
Section 18.26.060, to allow additional features to exceed the height restrictions in the "R-O" district; (5) from
Section 18.26.040, to allow increased lot coverage in the "R-Q" district; (6) from Section 18.50.11 O.F., to
allow reduced parking requirements for both the residential and commercial aspects of the project; and (7)
from Section 18.50.1 OO.E., to allow accesses closer than that required for an arterial street, be approved
subject to the following conditions:
1. The pocket parks shall be better connected to one another by trails and sidewalks
with appropriate public access easements clearly depicted on the final site plan.
2. The open spaces along Durston Road shall be well-defined entrances with extensive
landscaping features, public outdoor furniture such as benches, and appropriate
lighting and noted accordingly in the developmental guidelines.
3. The final site plan shall include an open space exhibit that clearly depicts all land
and square footages used to meet the open space requirements as defined by
Section 18.54.100.1.12.
4. The final site plan shall include a detailed "Parks and Open Space Plan" that
includes, but is not limited to, the following:
a. Detailed landscape guidelines for the public park, each of the pocket
parks, the trail corridor, and the open space.
b. Landscaping details, lighting details, and any picnic and/or
playground facilities.
c. Detailed cross-sections of how the detention areas work with the
landscaping and parks or open spaces.
5. The applicant shall include concrete pedestrian pavers where pedestrian pathways
cross both public and private streets as part of the final site plan.
6. All sidewalks shall be clearly depicted on the final site plan.
7. The final site plan shall include a well-defined pedestrian and potential future access
connection point to the mobile home park to the west.
8. Prior to construction, the North 15th Avenue proposed bicycle lane infrastructure
striping and signage shall be subject to review and approval by the Bozeman Area
Bicycle Advisory Board (BABAB).
9. The applicant shall supply, in detail, sketches and drawings for architectural
guidelines contained within the covenants. The revised covenants shall be provided
to the Planning Department for review and approval prior to final site plan approval.
The covenants shall include, but not be limited to, the following:
a. The architectural guidelines shall include a common signage plan for
said project depicting a general
signage theme including
03-24-03
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approximate locations, styles, sizes, materials,
colors, and
method(s) of illumination. The common signage plan shall include
any proposed subdivision signs (identification signs) which must
obtain sign permit approval through the Planning Department and
are also subject to code provisions under Section 18.65.
b. The guidelines shall include typical lighting details and specifications
outlining the general lighting requirements including the style of light,
the height, the type and wattage of the bulb and a polar distribution
chart for the parking lots, pedestrian nodes, and parks.
c. The applicant shall install the minimum allowable lighting levels
under code requirements.
d. The guidelines shall include language that all roof-top and/or ground-
mounted mechanical equipment shall be noted accordingly on the
individual site plans and exterior elevations, and shall be properly
screened from adjoining properties and streets, and that typical
details of all screening devices shall be noted accordingly on each
site plan, for review and approval prior to individual final site plan
approval for commercial projects.
e. The guidelines shall include a provision that prohibits fencing along
lot lines for lots fronting a park or trail. Patio or deck fences may be
allowed.
f. The guidelines shall include additional
language regarding
architectural character-giving features that demonstrate a unified
plan of high quality development, yet allows for flexibility in the
design of individual lots.
10. The applicant shall supply, in detail, sketches and drawings for landscaping
guidelines contained within the covenants. The revised covenants shall be provided
to the Planning Department for review and approval prior to final site plan approval.
The covenants shall include, but not be limited to, the following:
.
a. The gUidelines shall include language that the developer will be
responsible for proper irrigation for the open space areas and parks.
b. The guidelines shall include language that boulevard trees shall be
installed by the developer at one tree per fifty lineal feet of frontage
along all public and private streets fronting the public park, the
pockets parks, and defined open space. All boulevard trees shall be
located outside the street vision triangle. The applicant shall obtain
the necessary boulevard tree permits from the Forestry Division.
c. The guidelines shall include language that boulevard trees shall be
installed at one tree per fifty lineal feet of street frontage by
individual property owners at the time of construction.
11. The Declaration of Covenants, Conditions, and Restrictions for Walton Homestead
Subdivision and the Architectural Guidelines shall be consistent.
12. The Declaration of Covenants shall be revised to include and/or change the
following:
a. The requested parking relaxations shall be recorded with the
covenants.
b. Trails, walkways, and all sidewalks shall be for public use with a
corresponding public access easement.
03-24-03
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c. Fencing regulations within the covenants should match those of the
architectural guidelines.
d. The use of "Uniform Building Code" shall be replaced with
"International Building Code" and "International Residential Code"
(2000 edition).
13. The covenants under the Construction Design Review section shall contain the
following: "The Walton Homestead Architectural Review Committee's approval
letter must be attached to all City of Bozeman building permit applications."
14. It shall be noted within the covenants that the 1.1 acre park, including the
surrounding sidewalks, will be maintained by the Homeowners' Association until
such time that the City of Bozeman establishes a City-wide Parks Maintenance
District.
15. All open space areas and pocket parks, excluding the larger dedicated 1.1 acre
public park, shall be noted as common open space on the final site plan, to be
owned and maintained by the property owners' association.
16. Retention/detention ponds shall be shall be noted accordingly on the final site plan
and shall not make up more than 1/3 of the lot frontage and shall not exceed a
maximum slope of 1-in-4 and a depth of 1 ~ feet.
17. A detailed list of specific allowable retail uses that are consistent with a
neighborhood commercial scale shall be included as part of the final plan submittal
and noted accordingly in the protective covenants. Said uses shall be sUbject to
review and approval by the Office of Planning and Community Development.
18. Section 5.03 "Review Process" shall be revised to note that construction may not
commence without the proper approval from the City and until all necessary permits
are obtained and fees collected.
19. Conditional approval of this PUD does not exempt the apartment, office, and
retail/commercial lots from applicable site plan review. Building footprints delineated
on the preliminary PUD plan submittal are conceptual in terms of approval. Final
approval is contingent upon individual site plan review. Individual single household,
two-household, three-household, and four-household residential units, each on
individual lots shall require only a building permit unless variances beyond the PUD
relaxations are requested.
20. 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 City
Commission approval. A copy of the approved final site plan shall be forwarded to
the Building, Street/Sanitation, Water/Sewer, Engineering, and Fire Departments by
the Planning Office; and one copy shall be retained in the Planning Office file.
21. Building permits must be obtained prior to the work on each individual subdivision
lot, and must be obtained within one year of final site plan approval, if applicable.
Building permits will not be issued until the final site plan is approved. Minor site
surface preparation and normal maintenance shall be allowed prior to submittal and
approval of the final site plan, including excavation and footing preparation, but NO
CONCRETE MAY BE POURED UNTIL A BUILDING PERMIT IS OBTAINED.
22. The applicant shall enter into an Improvements Agreement with the City to
guarantee the installation of required on-site improvements at the time of final site
plan submittal. Detailed cost estimates, construction plans, and methods of security
shall be made a part of that Agreement.
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23. Upon submitting the final site plan for approval by the Planning Director and prior to
final site plan approval, the applicant will also submit a written narrative outlining
how each of the above conditions of approval has been satisfied.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Cetraro,
Commissioner Youngman, Commissioner Hietala and Commissioner Brown; those voting No being Mayor
Kirchhoff.
Discussion - FYI Items (continued)
(13) City Manager Johnson noted that the School Board will once again be voting on whether to
allow pop machines in the Bozeman High School. He indicated that, if the Board chooses not to allow pop
machines, he has agreed to put different products in the machine in front of the Swim Center.
(14) City Manager Johnson reported that the hearing on the bill regarding building codes outside
city limits was held this morning and, as a result of that hearing, it appears the committee recognizes that
allowing the codes to be enforced in certain areas of the county is appropriate.
(15) City Manager Johnson reported on the sub-committee meeting to work on SB368, noting
that the group hit an impasse today on some major issues. He noted that the homebuilders are willing to
add fire impact fees to the legislation, but not any others. Also, the homebuilders were unable to get their
50-member board to agree on the scope of the bill; and the second issue on which agreement could not be
reached is the length of time for spending impact fees and the area in which they must be spent. He
indicated that the sub-committee will meet with the sub-committee of the legislative committee tomorrow
morning, and the bill is scheduled for hearing at 3:00 p.m.
(16) Mayor Kirchhoff stated he has received information for an Arbor Day proclamation and a
grant program through the Montana Department of Natural Resources and Conservation that will allow the
City to recoup some of the costs of observing Arbor Day, which is April 25.
The Commissioners agreed that Arbor Day should be observed and that the City should pursue
recouping some of those costs.
Adiournment - 10:00 D.m.
There being no further business to come before the Commission at this time, it was moved by
Commissioner Hietala, seconded by Commissioner Brown, that the meeting be adjourned. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner
Brown, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting No, none.
ST~K~
ATTEST:
~J~
ROBIN L. SULLIVAN
Clerk of the Commission
03-24-03