HomeMy WebLinkAbout2003-03-03 Minutes, City Commission
MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
March 3, 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 3, 2003, at 6:30 p.m. Present were Mayor Steve Kirchhoff, Commissioner
Marcia Youngman, Commissioner Lee Hietala, Commissioner Jarvis Brown, Commissioner Andrew Cetraro,
City Manager Clark Johnson, Assistant City Manager Ron Brey, Director of Public Service Debbie Arkell,
Planning Director Andy Epple, City Attorney Paul Luwe and Clerk of the Commission Robin Sullivan.
Executive session re litigation strateay
At 6:30 p.m., Mayor Kirchhoff announced that, pursuant to Section 2-3-203(4)(a), Montana Code
Annotated, and the Montana Supreme Court rulings, he, as presiding officer, has determined that the
discussion of strategy to be followed with respect to litigation in open meeting would have a detrimental
effect on the litigating position of the City. He then called an executive session for the purpose of discussing
litigation strategy and requested that all persons except the Commissioners, City Manager, Assistant City
Manager, City Attorney, Attorney Phil Walsh and the Clerk leave the room.
At 7:00 p.m., Mayor Kirchhoff closed the executive session and reconvened the open meeting.
Pledae. Moment of Silence
The meeting was opened with the Call to Order, 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 Februarv 18 and February 24.2003
Mayor Kirchhoff deferred action on the minutes of the meetings of January 18, 2000, and November
22, 2002, and February 18 and February 24, 2003, to a later date.
Consent Items
City Manager Johnson presented to the Commission the following Consent Items.
Ordinance No. 1588 - establishina an initial municipal zonina desianation of "R-3" on
8.2 acres located in the W%. E%. SE% . SW% of Section 35. T1 S. R5E. MPM
(north side of Baxter lane. west of Thomas Drive): finallY adoDt
ORDINANCE NO. 1588
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
AMENDING THE CITY OF BOZEMAN ZONE MAP AND ESTABLISHING AN INITIAL
MUNICIPAL ZONING DESIGNATION OF "R-3" (RESIDENTIAL, MEDIUM DENSITY
DISTRICT) ON 8.2 ACRES lOCATED IN THE WEST HALF OF THE EAST HALF,
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP
1 SOUTH, RANGE 5 EAST, MONTANA PRINCIPAL MERIDIAN.
Ordinance No. 1589 - establishina an initial municiDal zoning desianation of "R-2" on
2.564-acre Darcel described as lot 7. Block I. Walker ProDerty PUD (101
Gibson Drive): finally adoot
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ORDINANCE NO. 1589
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
AMENDING THE CITY OF BOZEMAN ZONE MAP AND ESTABLISHING AN INITIAL
MUNICIPAL ZONING DESIGNATION OF "R-2" (RESIDENTIAL--SINGLE-HOUSEHOLD,
MEDIUM-DENSITY DISTRICT) ON LOT 7, BLOCK 1, WALKER PROPERTY
SUBDIVISION, 2.564 ACRES LOCATED IN THE SW% OF SECTION 25, T1 S, R5E, PMM,
GALLATIN COUNTY, MONTANA.
Ordinance No. 1591 - providina for assessment of fees for cutting of streets:
provisionallv adopt and brina back in two weeks for final adoption
ORDINANCE NO. 1591
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING
SECTION 12.12.030 OF SAID CODE, PROVIDING FOR ASSESSMENT OF FEES FOR
CUTTING OF STREETS.
Authorize Mavor to sian - Findinas of Fact and Order - Preliminary plat for maior
subdivision - W Partners. L TD - aaareaate 8 existing residential lots on 0.84
acres described as Amended Plat of Lots 41-1 through 42-8 of the Amended
Plats of Lots 41 and 42. Bridaer Creek Subdivision. into 5 lots (northwest
corner of intersection of Valhalla Court and Bovlan Road) (P-02055)
Authorize City Manager to sign - Agreement with Dick Walter Motors - for use of 2002
Ford F350 pickup by the Fire DeDartment
Authorize City Manaaer to sian - Quit Claim Deed to George E. Westlake and Kav H.
Martinen - 60-foot bv 137-foot portion of vacated riaht-of-wav for North 5th
Avenue/Baxter Lane
Award bid - 2003 4 x 4 pickup for Street Division - Dennv Menholt Frontier Chevrolet-
Hummer. Billings. Montana - in the bid amount of $30.525.00
Award bid - 2003 full-size sport utility vehicle for Fire Division - Ressler Motors
Company. Bozeman. Montana - in the bid amount of $33.374.83
Authorize expenditure of $630.37 as partial reimbursement for costs billed bv the
State of Montana Department of Environmental Qualitv for the Bozeman
Solvent Site for the period July 1. 2002 through September 30. 2002
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.
Reauest for funding for GalaVan for uDcomina fiscal year
Distributed just prior to the meeting was an information summary for the GalaVan program,
highlighting its history as well as the past year's activities.
Mr. Brian Close, Chair of the GalaVan Board, forwarded their request that the City renew the one-mill
assessment for disabled and senior transportation which was approved by the voters several years ago and
allocate those monies to GalaVan. He recognized that GalaVan must spend those taxpayer monies
responsibly and provide an annual report to reflect that.
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Mr. Close stated that GalaVan has experienced a tremendous amount of growth, noting that
ridership has increased 44 percent since 1998, from 16,000 to 24,000 rides, and annual vehicle miles have
increased from 49,000 to 68,000. With additional funding assistance from Gallatin County and the City of
Belgrade, GalaVan is providing service twice a week. With the additional monies allocated by the City of
Bozeman, GalaVan has expanded its hours of service. Since the late evening hours on Fridays were not
being used, they were shifted to Saturday mornings, providing more usable service for riders.
Mr. Close stated that, adjusted for inflation, the cost per mile now is the same as it was in 1998, and
the cost per ride has gone down. He noted that, as a member of the transit task force, he looked at other
paratransit systems across the state and, excluding Eagle Ride in Kalispell, GalaVan provides the best
service at a lower cost than any other system in the state. He also noted that increased efficiency of
operations and improved dispatching software have helped to keep the costs down.
Mr. Brian Close noted that last year, GalaVan was awarded a federal grant for a bus barn. The
amount of that grant has been reduced to $250,000, so GalaVan is now looking at refurbishing an existing
facility instead of constructing a new facility. He concluded by noting that the senior population is growing
immediately outside the city and, to continue providing the same level of service, it is imperative that the
County participate to a greater extent.
Responding to comments from Commissioner Brown, Mr. Close stated that a change in
management style and more rigid scheduling of GalaVan trips have helped to keep costs down. He
acknowledged that Steve Potuzak, Executive Director of GalaVan, is less accommodating of last-minute
calls than the previous director, but the result is a more streamlined operation. He then noted that several
riders are present and stated that GalaVan is celebrating its 30th anniversary this year.
Stephanie stated that she has used the GalaVan system for the past ten years and has been
pleased with the growth and changes she has seen. She noted that, without the service, she could not be
employed and stated she also uses the service for doctor appointments and outings. She encouraged the
Commission to support the program in any way it can.
Mr. Ben Spalding stated he has been associated with GalaVan for 27 years, working as a dispatcher
with the previous director. Due to his declining health, he now volunteers in the mornings. He noted that
GalaVan gives the handicapped and the elderly an opportunity to lead a good life without being housebound
or depending on others.
Ms. Mary Katherine Egan stated she has lived in Bozeman for many years, living, working,
volunteering and raising her family here. She noted that GalaVan now gives her the opportunity to get out
into the community, volunteer, attend social functions and go to doctor appointments. She concluded by
noting that GalaVan provides more courteous, friendly and prompt service than she has seen in other
communities.
Ms. Hazel Knight stated that she now lives in Darlinton Manor and enjoys the service that GalaVan
provides. She noted that she previously lived in the Manhattan area, where GalaVan service was only once
a week, and she was distressed by her inability to go places. She asked that GalaVan be staffed with a
skeleton crew during long weekends and the holidays, noting that the eight days it was closed for Christmas
and New Year's made getting out extremely difficult.
Ms. Tammy Walling, 1062 West Oak Street, stated that in 1989, she retired as a high school teacher
in Cheyenne, Wyoming; and she moved to Bozeman in 1991. She is currently at the intermediate level as
an accounting major at MSU and is pursuing her CPA. She noted that on May 5, 2002, she was admitted
to the hospital as a quadriplegic from a flare-up of multiple sclerosis and, for the past ten months has been
in rehabilitation. She noted that she is steadily improving and looks forward to a full recovery and
resumption of her studies. In the meantime, she is using GalaVan to get to the doctor, physical therapy
sessions, grocery store and church. She noted that the current administration is superior to that of any
other bus service with which she has had experience. She encouraged the Commissioners to continue
funding of this vital program, which gives the disabled and the elderly an opportunity to remain independent
and active in the community.
Several of the Commissioners voiced their support for GalaVan and the services it provides.
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It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the Commission
authorize and direct staff to include the one-mill levy for senior and disabled transportation in the budget for
Fiscal Year 2003-2004 and to allocate those monies to GalaVan. The motion carried by the following Aye
and No vote: those voting Aye being Commissioner Hietala, Commissioner Brown, Commissioner Cetraro,
Commissioner Youngman and Mayor Kirchhoff; those voting No, none.
Ordinance No. 1592 - revisina Section 12.22.050 of the Bozeman MuniciDal Code. allowing certain
Dermits in the downtown area to carry $1 million insurance coveraae
Distributed just prior to the meeting was a copy of Ordinance No. 1592, as prepared by the City
Attorney, entitled:
ORDINANCE NO. 1592
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING
SECTION 12.22.050 ALLOWING CERTAIN PERMITS IN THE DOWNTOWN AREA TO
CARRY $1 MilLION INSURANCE COVERAGE.
City Attorney Luwe reminded the Commission that he distributed a draft of this ordinance at last
week's meeting. He stated that this ordinance reduces the insurance requirements for sandwich board
signs only from $1.5 million to $1 million aggregate. He noted that this change is in response to concerns
expressed by several business owners in the downtown area who have experienced a hard market in the
insurance industry since 9-11. He indicated that the City's experience with risk from sandwich board signs
is low and, as a result, he encouraged adoption of this ordinance.
Mr. Jim Brown, Old Main Gallery and Framing, 129 East Main Street, stated he has had a sandwich
board sign for fifteen years; and it has become an integral part of his business, providing specific information
about his products and services. He stated that the business climate is difficult at this time, and his
insurance rates would increase $400 annually to meet the insurance requirements in the existing ordinance.
He encouraged the Commission to allow businesses to continue operating under the same requirements
as before by adopting this ordinance. He then indicated that he has not used his sign since the new
requirements went into effect, and he normally uses it on a year round basis.
Mr. Steve Schnee, Schnee's Boots and Shoes, 121 West Main Street, stated that he has a liability
policy in the amount of $1 million that covers his entire operation, including the sign on the sidewalk. For
him to provide the additional coverage required under the existing ordinance would cost $500 to $600
annually, and he feels that is excessive. He asked that the Commission adopt this ordinance, stating he
feels the lower coverage is adequate.
Ms. Marilyn Tracz, Executive Director of the Downtown Bozeman Partnership, stated that she spent
many hours talking to people in a variety of sectors about the ordinance that took effect in October. Those
conversations and research revealed that obtaining insurance for $1 ~ million is not possible, and the
increased cost of providing $2 million insurance is unbearable for the downtown businesses. As a result,
she noted that businesses have opted to stop displaying their signs, which is now costing them in terms of
the cost of the sign and the benefit that it provides. She stated that approximately forty businesses have
sandwich board signs and, at an average cost of $500 per year, the annual premium increase is $20,000
for the downtown area. She suggested that the exposure is not great enough to warrant the additional costs
and that the benefit of a vibrant downtown far outweighs the risks. As a result, she encouraged adoption
of this ordinance.
Mr. Larry Merkel, Chalet Sports, 108 West Main Street, stated that the additional insurance coverage
would cost his business $2,400 annually, and he feels that is excessive. He encouraged the
Commissioners to adopt this ordinance.
Mr. Chris Nixon, 719 North Wallace Avenue, expressed his support for the $1 million aggregate
coverage, stating he views the sandwich board signs as an asset to the downtown area.
It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that Ordinance No.
1592, revising Section 12.22.050 of the Bozeman Municipal Code to allow certain permits in the downtown
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area to carry $1 million insurance coverage, be provisionally adopted and that it be brought back in two
weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Brown, Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala and Mayor
Kirchhoff; those voting No, none.
Public hearina - Certificate of Appropriateness to allow demolition of existina roof and construction
of second floor loft and new roof on existina structure on that 50-foot strip of Lot 5. Block 7.
Babcock and Davis Subdivision. that is located 5 feet south ofthe north lot line. with deviations from
Section 18.18.050. Bozeman Municipal Code. to allow rear yard setback of 5% feet rather than
reauired 20 feet. and from Section 18.18.030. to allow proiect on lot that is 10 feet less than reauired
60 feet - John Morrison. 520% North Wallace Avenue IZ-03028)
This was the time and place set for the public hearing on the Certificate of Appropriateness,
requested by John Morrison under Application No. 2-03028, to allow demolition of the existing roof and
construction of a second floor loft and new roof on the existing structure located on that 50-foot strip of Lot
5, Block 7, Babcock and Davis Subdivision, that is located 5 feet south of the north lot line, with deviations
from Section 18.18.050 of the Bozeman Municipal Code to allow a rear yard setback of 5~ feet rather than
the required 20 feet, and from Section 18.18.030 to allow the project on a lot that is 10 feet less than the
required 60-foot width. The subject property is located at 520~ North Wallace Avenue.
Mayor Kirchhoff opened the public hearing.
Urban Designer Candace Honatke presented the staff report. She stated that the existing house
contains 420 square feet, and the applicant proposes to add a living loft in conjunction with reconstruction
of the roof, which is in poor condition, to increase the size of the residence to the 600-square-foot minimum
required by code. She noted that the home is owner-occupied and, aside from the roof, is in good condition.
Since the existing house is located on a 50-foot-wide lot and encroaches into the rear yard setback,
deviations are required to allow the loft area to be added.
The Urban Designer stated that staff has reviewed this application in light of the applicable criteria,
and staff's comprehensive findings are contained in the written staff report. She summarized those findings
and forwarded staff's recommendation for approval, sUbject to eight conditions.
Mr. John Morrison, applicant, indicated his concurrence with the staff report and thanked the
Commissioners for their consideration of his request.
Mr. Chris Nixon, 719 North Wallace Avenue, spoke in support of the application, noting the
additional living space is a good idea.
No one was present to speak in opposition to the project.
Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing.
It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the Certificate
of Appropriateness, requested by John Morrison under Application No. 2-03028, to allow demolition of the
existing roof and construction of a second floor loft and new roof on the existing structure located on that
50-foot strip of Lot 5, Block 7, Babcock and Davis Subdivision, that is located 5 feet south of the north lot
line, with deviations from Section 18.18.050 of the Bozeman Municipal Code to allow a rear yard setback
of 5~ feet rather than the required 20 feet, and from Section 18.18.030 to allow the project on a lot that is
10 feet less than the required 60-foot width, be approved subject to the following conditions:
1. All areas intended for permanent parking and ingress/egress shall be paved with
concrete or asphalt.
2. Building materials such as wood or masonry are preferred over other siding/building
materials because of their subdued texture and colors. The use of bright or reflective
colors for building materials is strongly discouraged.
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3. Windows shall be compatible with existing windows on property. For all new
windows, non-reflective exterior cladding shall be used. Egress windows will be
used where appropriate, check with Building Department for code.
4. Applicant shall illustrate accurate locations of all utilities, existing and proposed, on
the drawing sets submitted to the Building Department at the time a building permit
is applied for.
5. According to Section 18.50.035.A., Bozeman Municipal Code, lighting plan shall
incorporate deflection of light downward and away from existing properties. All
existing and proposed lighting fixtures and lamps must be designed within the code
requirements.
6. This project shall be constructed as approved and conditioned in the Certificate of
Appropriateness application. Any modifications to the submitted and approved
drawings shall invalidate the project's approval unless the applicant submits the
proposed modifications for review and approval by the Planning Office prior to
undertaking said modifications, as required by Section 18.62.040 of the Bozeman
Municipal Code.
7. Applicant shall apply for a demolition permit at the Building Inspection Division
following receipt of a Certificate of Appropriateness.
8. The applicant shall obtain a building permit within one year of Certificate of
Appropriateness approval or this approval shall become null and void. A building
permit must be obtained prior to initiating construction.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Cetraro,
Commissioner Youngman, Commissioner Hietala, Commissioner Brown and Mayor Kirchhoff; those voting
No, none.
Public hearina - Certificate of Appropriateness to allow subseauent subdivision exemption of Lots
19.20 and 21. Block 40. Imes Addition. to create two undersized lots for three existing residential
structures with deviations from Section 18.24.030.A.. to allow proposed lot to have 4.717 SQuare feet.
which is less than the 5.000 sauare feet reauired for single-household residence. and proposed lot
to have 7.246 sauare feet. which is less than the 10.000 sauare feet reauired for two sinale-
household residences: and allow lot widths of 37% feet. which is 12% feet less than the reauired 50-
foot width - Rob Safranek for 718 North Black Avenue (Z-03027)
This was the time and place set for the public hearing on the Certificate of Appropriateness
requested by Rob Safranek under Application No. Z-03027, to allow a subsequent subdivision exemption
of Lots 19, 20 and 21, Block 40, Imes Addition, to create two undersized lots for three existing residential
structures with deviations from Section 18.24.030.A. of the Bozeman Municipal Code, to allow a proposed
lot to have 4,717 square feet, which is less than the 5,000 square feet required for a single-household
residence, and a proposed lot to have 7,246 square feet, which is less than the 10,000 square feet required
for two single-household residences, and to allow lot widths of 371f:z feet, which is 121f:z feet less than the
required 50-foot width. The subject property is located at 718 North Black Avenue.
Mayor Kirchhoff opened the public hearing.
Planning Director Andy Epple presented the staff report on behalf of Assistant Planner Susan Kozub.
He reminded the Commissioners that there are three detached single-household structures on the subject
lot. Under this application, the three 25-foot-wide lots are to be resubdivided into two 371f:z-foot-wide lots,
with one lot containing one of the newer dwelling units and the other lot containing the older unit and one
of the newer dwelling units. He noted that, since the Commissioners encouraged the applicant to pursue
this application after informal review, staff has worked with the owner to ensure the necessary reciprocal
access easements are in place, to ensure that a utility easement for water and sewer services is provided,
and to ensure the appropriate easement for the parking area is provided since all of the parking spaces for
these two lots will be located on one of the lots.
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The Planning Director stated that staff has reviewed this application in light of the applicable criteria,
and staff's comprehensive findings are contained in the written staff report. He also identified the deviations
that are required in conjunction with this application, since the lots will be narrower and smaller than
required by the zone code. He concluded by forwarding staff's recommendation for approval of the
application, subject to three conditions.
Commissioner Brown noted that the informal review was on a proposal to subdivide the existing
property into two lots with an offset line that resulted in parking on each of the lots and voiced concern that
this application is for two lots evenly divided with a straight line. He also questioned what will happen when
the owner wants to subdivide the lot that has two units, expressing concern that the project is being
"incremented to death."
Planning Director Epple acknowledged that the straight line between lots is the result of staff
influence and indicated the applicant may be willing to create a jog to ensure two parking spaces are located
on one lot with four parking spaces on the other lot. He assured the Commission that, with a recorded
easement, there is adequate assurance that two parking spaces will be provided for each household. He
then indicated that subdividing the lot that contains two households would probably not be viewed favorably,
since the result would be two lots with less than 3,000 square feet each and one lot with no street frontage.
Mr. Rob Safranek, applicant, stated that the recorded easement should adequately address the
parking issues. He then noted that the parking area has been paved and will be striped and signed, with
two specific parking spaces designated for each residence. He then acknowledged the concern about
requests for further subdivision and vowed that he will not appear before the Commission again on this
property.
Mr. Bill Costigan, friend of the applicant, spoke in favor of this application, noting that the overall
project keeps density in the core of the community; and this requested subdivision will make it easier for
a first-time homeowner to purchase a home.
Mr. Cory Reistad, 516 West Babcock Street, stated he hopes to purchase the new home on the
single lot that will result from this subdivision. He characterized the home as unique, with great design
appeal and an affordable price. He then voiced his support for this application.
Mr. Chris Nixon, 719 North Wallace Avenue, stated that he is pleased with the subject property and
the two new charming structures that have been built recently. He encouraged support for this subdivision,
stating he feels it is appropriate.
No one was present to speak in opposition to the requested subdivision.
Since there were no Commissioner objections, Mayor Kirchhoff closed the pUblic hearing.
It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the Certificate
of Appropriateness requested by Rob Safranek under Application No. Z-03027, to allow a subsequent
subdivision exemption of Lots 19, 20 and 21 , Block 40, Imes Addition, to create two undersized lots for three
existing residential structures with deviations from Section 18.24.030.A. of the Bozeman Municipal Code,
to allow a proposed lot to have 4,717 square feet, which is less than the 5,000 square feet required for a
single-household residence, and a proposed lot to have 7,246 square feet, which is less than the 10,000
square feet required for two single-household residences, and to allow lot widths of 37Y:z feet, which is 12Y:z
feet less than the required 50-foot width, be approved subject to the following conditions:
1. Prior to final site plan approval, the applicant shall execute a Hold Harmless
Agreement to release, indemnify, and hold harmless the City of Bozeman, regarding
the water and sewer service lines for the three existing dwelling units.
2. The location and width of the utility easement shall be subject to review and
approval by the Water/Sewer Department prior to final site plan approval.
3. The subdivision exemption shall be applied for as approved and conditioned in the
Certificate of Appropriateness application. Any modifications to the submitted and
approved drawings shall invalidate the project's approval unless the applicant
submits the proposed modifications for review and approval by the Planning Office
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prior to undertaking said modifications, as required by Section 18.62.040 of the
Bozeman Municipal Code.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman,
Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No,
none.
Break - 8:05 to 8:10 p.m.
Mayor Kirchhoff declared a break from 8:05 p.m. to 8:10 p.m., in accordance with Commission
policy.
Public hearina - Conditional Use Permit - modify existina Conditional Use Permit to extend hours
of operation and allow UD to twelve aamina machines in Unit 8N. Building 1. Festival Sauare
Subdivision - Dan and Linda Fillinaer IDuck's Lounae. 2405 West Main Street) IZ-02257)
This was the time and place set for the public hearing on the Conditional Use Permit requested by
Dan and Linda Fillinger under Application No. Z-02257, to modify the existing Conditional Use Permit to
extend hours of operation and allow up to twelve gaming machines in Unit 8N, Building 1, Festival Square
Subdivision. The business is known as Duck's Lounge, located at 2405 West Main Street.
Included in the packets was a letter from Lynn Rugheimer, RPM Associates, dated February 27,
expressing opposition to this application. Distributed just prior to the meeting were a memo from Dan
Fillinger, dated February 8, responding to Ms. Rugheimer's previous comments; a copy of the minutes from
the March 4, 2002, meeting, at which the original application was approved; and a copy of the site plan for
Oakwood Square, identifying the location of this application.
Mayor Kirchhoff opened the public hearing.
Senior Planner Dave Skelton presented the staff report. He reminded the Commissioners that
Duck's Lounge was originally approved just a year ago as a non-smoking, non-gaming lounge with limited
hours of operation. Under this application, that Conditional Use Permit is to be modified to allow the
following: (1) expand operation from the current 3:00 p.m. to 11 :00 p.m. hours to 11 :00 a.m. to 2:00 a.m.;
(2) allow for up to twelve gaming machines to be installed; and (3) extend the three-year time period for the
conditional use permit to correspond with the current four-year lease on the condominium unit.
The Senior Planner noted that Duck's Lounge has been in operation for seven or eight months. He
stated that, in light of the testimony received during the original public hearing and in light of the location
of this lounge, staff requested input from the Police Department. The response from the Police Department
was that there has been only one incident since opening of the lounge, and no indication of continued
disturbances or a demonstration of negative impacts on abutting properties. The Senior Planner noted that,
to date, the Planning Office has received no complaints since the lounge opened.
Senior Planner Skelton stated that, based on the public comment received to date, it appears the
key issues revolve around parking and the off-street parking requirements for this project. He indicated that
staff has driven by the subject property at various times between the hours of 3:00 p.m. and 10:00 p.m. to
identify whether adequate parking is provided in the interior of the development, and noted that staff is
unable to pinpoint any specific parking problems as a result of that monitoring. He then reminded the
Commission that the applicant has an agreement with Lucky Lil's for four to six parking spaces in that lot,
which allows them to meet the off-street parking requirements.
The Senior Planner noted another key issue revolves around the operation of gaming machines,
and reminded the Commission that one of the guiding policies in the past has been whether the machines
are to be located in a transient type business or one with a more social setting, where people are
encouraged to sit down for a while. He stated that, since this facility has 905 square feet, exclusive of the
hall and restroom facilities, and an occupancy limit of 32 people, staff feels the potential for adverse impacts
from gaming machines is limited.
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The Senior Planner stated that, due to the location of this lounge and the importance of compatibility
with the surrounding area, staff suggested that the applicant participate in the mediation process, and he
agreed to do so. The Community Mediation Center sent notices to 21 adjoiners; five of those indicated an
intent to attend the meeting and only one actually attended. He indicated that a summary report of that
meeting was attached to the staff report.
Senior Planner Skelton stated that staff has reviewed this application in light of the applicable
criteria, and staff's comprehensive findings are contained in the written staff report. He briefly summarized
those findings and forwarded staff's recommendation for approval, subject to ten conditions which address
the issues identified during the review. He then suggested that, if the Commission wishes, it could add
another condition to state that this conditional use permit will be valid for a period of three years.
Responding to Commissioner Cetraro, Senior Planner Skelton stated that the limited hours of
operation were included in the conditions for the original conditional use permit. He noted that the hours
were recommended by staff, to address the concerns voiced by neighbors of the project.
Responding to Commissioner Brown, the Senior Planner stated the applicant has requested up to
twelve gaming machines and has provided a plan that shows where they would be located. He noted that
in the mediation meeting, a preference was voiced for having six machines only and, if the Commission
chooses, it may modify the conditions that have been recommended by staff to reduce the number of
machines allowed.
Mr. Dan Fillinger, applicant, noted that a year ago, he reluctantly accepted the most restricted liquor
license in Montana. Because of the limited hours for sale of alcoholic beverages, they tried to put in a
coffee service, but found that was not successful and removed it. Also, attempts to bring in music to attract
more people have been unsuccessful. Because of the restrictions attached to this license, they have been
unable to compete with like businesses and, therefore, have lost money since opening. He stated their
intent is to seek relaxation of those restrictions so they can compete fairly. He noted that the only time the
Police Department came was at their request to remove an intoxicated individual who had entered the
premises but had not been served there. He stated this was the only time in ten years that the police had
been called to any of their nine establishments throughout the state.
Mr. Brian Close, member of the City Planning Board, asked the Commission to consider whether
they would have approved this application in this location a year ago, suggesting they would not. He
expressed concern about the precedent that approval of this request would create and proposed that, from
a process standpoint, this application should be denied.
Mr. Anthony Kutsch, owner of the unit to the north, reminded the Commission that a year ago he
testified that a bar in this office/professional plaza was not consistent; and he noted that the addition of
gaming will only exacerbate the issues. He noted that there is no place to accept deliveries for this
business, and the area has been subjected to an increase in vandalism and litter. He stated that the
extension of hours of operation and the addition of gaming only drives this business further out of character
for the area.
Mr. Jim Zimbric, owner of the condominium unit, stated the applicants are very good tenants, and
he has never received a complaint about parking problems from any of the people owning buildings in the
complex. He then stated that Quiznos, located adjacent to Duck's Lounge, is one of the top five in a four-
state region.
Responding to questions from Commissioner Youngman, Mr. Fillinger stated that on two occasions,
an employee has placed advertisements that he had not approved. He stressed that they do not target
young people in their ads and, in fact, prefer to cater to the more mature crowds. To address those issues,
he has developed a procedure under which he must approve all advertisements before they run. He then
indicated that they intend to work more closely with Quiznos if this application is approved, to create more
of a pub atmosphere for the two businesses. He noted that a conversation with the Police Department
today revealed that the police are called to Perkins quite often, but receive rare calls to either Lucky Lil's
or Duck's Lounge.
Responding to questions from Commissioner Cetraro, Mr. Fillinger stated that when he sought the
conditional use permit last year, he was cautioned by staff that the application would not be approved if he
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did not agree to stringent conditions and limitations. He noted that they reluctantly agreed to the terms
negotiated but have found they are not realistic.
Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing.
Commissioner Cetraro expressed his discomfort with imposing restrictions, noting he would rather
approve this application with the State regulations regarding sale of alcoholic beverages and gaming
machines.
City Attorney Luwe reminded the Commission that, under the City's zone code, this business could
have no more than fourteen machines because of its location. He also cautioned that the Commission may
not approve this application beyond what is requested; rather, it must go through a new process if the
restrictions are to be decreased. He noted that the Commission could impose conditions making the
approval more restrictive than what has been requested.
Commissioner Brown expressed concern that twelve machines is essentially a casino, and allowing
that many circumvents the City's ordinance regarding casinos. As a result, he would prefer to limit the
number of gaming machines to six, as suggested during the mediated meeting.
Commissioner Hietala stated he does not believe a business should be hamstrung by special
requirements; rather, the Commission should promote free enterprise for small local businesses and allow
them to compete on a level playing field. He recognized that it is not easy to start a business and stated
he supports the application as submitted.
Mayor Kirchhoff acknowledged Commissioner Cetraro's concerns; however, he noted that the City
Attorney has cautioned against imposing less restrictions than have been advertised. As a result, he
indicated his support for the application as submitted.
Commissioner Youngman stated she shares Commissioner Brown's concerns.
It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the Conditional Use
Permit requested by Dan and Linda Fillinger under Application No. 2-02257, to modify the existing
Conditional Use Permit to extend hours of operation and allow up to twelve gaming machines in Unit aN,
Building 1, Festival Square Subdivision, be approved subject to the following conditions:
1. That the northeast exit from the lounge remain as a fire exit only, and signed
accordingly, and that the applicant design the entrance along the east facade of the
building (i.e., landscape features, fence, solid wall) in manner that will discourage
employees and patrons of the business from accessing the lounge from the off-
street parking lot to the north, and that the revised plans be reviewed and approved
by the Planning Office prior to final site plan approval.
2. That the occupant load for said lounge be limited to thirty-two (32) individuals,
including both employees and patrons of the commercial business.
3. That the right to a use and occupancy permit shall be contingent upon the fulfillment
of all general and special conditions imposed by the conditional use permit
procedure.
4. That all of the special conditions shall constitute restrictions running with the land
use, shall apply and be adhered to by the owner of the land, successors or assigns,
shall be binding upon the owner of the land, his successors or assigns, shall be
consented to in writing, and shall be recorded as such with the Gallatin County Clerk
and Recorder's office by the property owner prior to the issuance of any building
permits, final site plan or commencement of the conditional use.
5. That seven (7) copies of the final site plan containing all of the conditions,
corrections and modifications approved by the Bozeman City Commission shall be
submitted for review and approval by the Planning Director within six months of the
date of City Commission approval. The Planning Office shall forward a copy of the
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approved final site plan to the Building, Street/Sanitation, Water/Sewer, Engineering,
and Fire Departments; and one copy shall be retained in the Planning Office file.
6. That the applicants 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.
7. That 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.
8. If occupancy of any structure is to occur prior to the installation of any and 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.
9. That the applicant obtains a building permit within one (1) year of Certificate of
Appropriateness application. Any modifications to the submitted and approved
drawings shall invalidate the project's approval unless the applicant submits the
proposed modifications for review and approval by the Planning Office prior to
undertaking said modifications, as required by Section 18.62.040 of the Bozeman
Municipal Code.
10. That the applicant upon submitting the final site plan for approval by the Planning
Director and prior to issuance of a building permit, will also submit a written narrative
outlining how each of the above conditions of approval has been satisfied or met.
11. That the conditions of approval for the original Conditional Use Permit be amended
as follows:
a. Condition No. 16 be amended to allow up to twelve gaming
machines in the non-smoking lounge.
b. Condition No. 18 be amended to provide that the hours of operation
for on-premises alcohol sales be limited to 11 :00 a.m. to 2:00 a.m. daily.
c. Condition No. 19 be amended to provide that the duration of the
conditional use permit be limited to the remainder of the four-year lease
(approximately three years from approval of this application).
The following amendment was placed on the floor: It was moved by Commissioner Brown,
seconded by Commissioner Youngman, that Condition No. 11.a. be amended to allow up to six gaming
machines. The motion failed by the following Aye and No vote: those voting Aye being Commissioner
Brown and Commissioner Youngman; those voting No being Commissioner Hietala, Commissioner Cetraro
and Mayor Kirchhoff.
The main motion then failed by the following Aye and No vote: those voting Aye being
Commissioner Hietala and Mayor Kirchhoff; those voting No being Commissioner Brown, Commissioner
Cetraro and Commissioner Youngman.
Responding to Mayor Kirchhoff, Commissioner Cetraro stated he would like to see a new application
submitted that would allow for operation of the business in compliance with State requirements, rather than
the City imposing additional restrictions.
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Planning Director Epple commented that to do so would require the applicant to go through the
complete process again, including payment of the fee.
Mr. Dan Fillinger stated he is comfortable with the application as submitted, and he does not intend
to submit a new application if this request fails.
It was moved by Commissioner Cetraro, seconded by Commissioner Hietala, that the main motion
be reconsidered. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Cetraro, Commissioner Hietala, Commissioner Youngman and Mayor Kirchhoff; those voting
No being Commissioner Brown.
It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the Conditional
Use Permit requested by Dan and Linda Fillinger under Application No. 2-02257, to modify the existing
Conditional Use Permit to extend hours of operation and allow up to twelve gaming machines in Unit 8N,
Building 1, Festival Square Subdivision, be approved subject to the following conditions:
1. That the northeast exit from the lounge remain as a fire exit only, and signed
accordingly, and that the applicant design the entrance along the east facade of the
building (i.e., landscape features, fence, solid wall) in manner that will discourage
employees and patrons of the business from accessing the lounge from the off-
street parking lot to the north, and that the revised plans be reviewed and approved
by the Planning Office prior to final site plan approval
2. That the occupant load for said lounge be limited to thirty-two (32) individuals,
including both employees and patrons of the commercial business.
3. That the right to a use and occupancy permit shall be contingent upon the fulfillment
of all general and special conditions imposed by the conditional use permit
procedure.
4. That all of the special conditions shall constitute restrictions running with the land
use, shall apply and be adhered to by the owner of the land, successors or assigns,
shall be binding upon the owner of the land, his successors or assigns, shall be
consented to in writing, and shall be recorded as such with the Gallatin County Clerk
and Recorder's office by the property owner prior to the issuance of any building
permits, final site plan or commencement of the conditional use.
5. That seven (7) copies of the final site plan containing all of the conditions,
corrections and modifications approved by the Bozeman City Commission shall be
submitted for review and approval by the Planning Director within six months of the
date of City Commission approval. The Planning Office shall forward a copy of the
approved final site plan to the Building, Street/Sanitation, Water/Sewer, Engineering,
and Fire Departments; and one copy shall be retained in the Planning Office file.
6. That the applicants 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.
7. That 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.
8. If occupancy of any structure is to occur prior to the installation of any and 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
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shall complete all on-site improvements within nine (9) months of occupancy to
avoid default on the method of security.
9. That the applicant obtains a building permit within one (1) year of Certificate of
Appropriateness appl ication. Any modifications to the submitted and approved
drawings shall invalidate the project's approval unless the applicant submits the
proposed modifications for review and approval by the Planning Office prior to
undertaking said modifications, as required by Section 18.62.040 of the Bozeman
Municipal Code.
10. That the applicant upon submitting the final site plan for approval by the Planning
Director and prior to issuance of a building permit, will also submit a written narrative
outlining how each of the above conditions of approval has been satisfied or met.
11. That the conditions of approval for the original Conditional Use Permit be amended
as follows:
a. Condition No. 16 be amended to allow up to twelve gaming
machines in the non-smoking lounge.
b. Condition No. 18 be amended to provide that the hours of operation
for on-premises alcohol sales be limited to 11 :00 a.m. to 2:00 a.m. daily.
c. Condition No. 19 be amended to provide that the duration of the
conditional use permit be limited to the remainder of the four-year lease
(approximately three years from approval of this application).
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Cetraro,
Commissioner Hietala and Mayor Kirchhoff; those voting No being Commissioner Brown and Commissioner
Youngman.
Public hearing - preliminary plat for Broadwater Court Subdivision Planned Unit Development -
subdivide 3.3 acres located at the northeast corner of West Babcock Street and Ferauson Avenue
into 44 townhouse residential lots. with relaxations from Section 16.14.130. to allow a 35-foot
streambank setback alona Ferguson Avenue. and from Section 18.20.030. to increase the net density
by the allowable 30 percent - C&H Enaineerina for John Dunlap. Quest West. LLC lP-02036)
This was the time and place set for the public hearing on the preliminary plat for Broadwater Court
Subdivision Planned Unit Development, as requested by C&H Engineering for John Dunlap, Quest West,
LLC, under Application No. P-02036, to subdivide 3.3 acres located at the northeast corner of West Babcock
Street and Ferguson Avenue into 44 townhouse residential lots, with relaxations from Section 16.14.130
of the Bozeman Municipal Code to allow a 35-foot stream bank setback along Ferguson Avenue, and from
Section 18.20.030 to increase the net density by the allowable 30 percent.
Mayor Kirchhoff opened the public hearing.
Planning Director Epple presented the staff report. He stated that the initial proposal has been
revised, so that the subject 3.3 acres, located in the western portion of the original Valley Unit Subdivision,
is to be subdivided into 36 townhouse lots. He stated this is the last block in the Ferguson Meadows
Subdivision, which was platted as a mixed use residential development, to be developed.
The Planning Director reminded the Commission that, at last week's meeting, a variance from the
stream bank setback was approved to allow the 35-foot setback to continue through this last block of the
subdivision. He noted that two accesses are to be provided, one from West Babcock Street and one from
Broadwater Street. The streets within the subdivision are to be narrower than the required 37 -foot width,
thus triggering the requirement for a planned unit development.
Planning Director Epple stated that staff has reviewed this application in light of the applicable
criteria, and staff's comprehensive findings are contained in the written staff report. He then noted that the
City Planning Board reviewed this application at its meeting held on October 1, 2002. As a result of their
03-03-03
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concerns about the number of units proposed and the need to open up the open space in the center of the
project, the number of lots was reduced.
The Planning Director noted that quite some time has transpired since the Planning Board forwarded
its recommendation. In the meantime, staffing changes have occurred and staff has identified four
conditions that need modification. He reviewed those changes, which are included in a memo dated March
3.
Mr. John Dunlap, applicant, noted that he had previously planned to construct this as a condominium
project. He stated, however, that the interest rates for a condominium unit can be significantly higher than
for a townhouse unit if it is deemed a non-conforming market. He acknowledged that changing the type of
project did raise some issues regarding open space and common open space and how those areas are to
be maintained; however, he feels those issues have been adequately addressed through the covenants,
copies of which he distributed to the Commission.
Responding to questions from Commissioner Brown, Mr. Dunlap stated that the covenants bind
owners to reciprocal easements to allow those areas outside the buildings to be designated as open space
available to all tenants. He feels that it would be better to have a more open feel for this development so,
rather than extending the fence along Ferguson Avenue, simply allowing those who wish to install a fence
that complies with the covenants is preferable. He indicated, however, that if the Commission imposes a
condition that he extend the existing fence along Ferguson Avenue, he will do so.
Responding to Commissioner Hietala, Mr. Dunlap stated that reducing the number of dwelling units
will increase the cost per unit by approximately $2,500. He noted, however, that the change from
condominium units to townhouse units will lower the interest rate enough to result in essentially a wash on
affordability. He voiced his commitment to providing affordable units, noting that the houses he constructed
in the single-family portion of Ferguson Meadows sold for an average of $18,000 less than the average cost,
and the appraisals were $12,000 to $18,000 more than what he sold the homes for.
Ms. Tami McLaughlin, Frontier Financial Mortgage, explained the difference in financability between
a condominium unit and a townhouse unit. She stated that a condominium unit must be located in a
completed complex, or phase of a complex, that is 75-percent owner-occupied to be on the conforming
market. She also noted that a 5 to 20-percent down is typically required for those units, which forces a
customer to seek bank financing. On the other hand, financing on a townhouse unit can be offered with no
down payment required and a rate locked in for up to thirty years. She indicated that the target rate for
these units is $130,000 to $140,000, a level that typically pushes customers out of the Bozeman market and
to Belgrade.
No one was present to speak in opposition to the proposed project.
Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing.
It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the preliminary
plat for Broadwater Court Subdivision Planned Unit Development, as requested by C&H Engineering for
John Dunlap, Quest West, LLC, under Application No. P-02036, to subdivide 3.3 acres located at the
northeast corner of West Babcock Street and Ferguson Avenue into 44 townhouse residential lots, with
relaxations from Section 16.14.130 of the Bozeman Municipal Code to allow a 35-foot streambank setback
along Ferguson Avenue, and from Section 18.20.030 to increase the net density by the allowable 30
percent, be approved subject to the following conditions:
1. Within the north area for emergency vehicle turn-around, the applicant shall install
signs noting "Fire Lane, No Parking" and the curb shall be painted red.
2. Applicant shall provide a soils report, along with the building plans, to the Building
Division, recommending types of foundations. If development shall occur in phases,
the soils report may address those lots within the proposed phase.
3. Applicant shall install at least one east/west sidewalk connection from the subject
property to the sidewalks along Sanders Avenue. In addition, applicant shall install
a sidewalk from Broadwater Street near the radius of the turn to the subject property.
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4. Proposed patios or decks shall not encroach more than five feet into the 20-foot
setback.
5. All boulevard areas, including trees, shall be irrigated. The applicant shall provide
irrigation system as-builts for all irrigation installed in public rights-of-way, once the
irrigation system has been installed. The irrigation system shall include the exact
locations and types of lines, including accurate depth, water source, heads, electric
valves, quick couplers, drains, and control boxes.
6. Boulevard trees shall be planted 2~ feet to 3 feet from the proposed sidewalk along
West Babcock Street.
7. Language within the Covenants shall describe any fencing (back yard walls, privacy
fences, etc.) allowed in the subdivision, including type, height, color, extent and
maintenance.
8. Applicant shall provide details of all proposed benches, picnic tables, etc. with the
final plat.
9. Color and material palette, including brick type, cultured stone, DryVit or synthetic
stucco, roofing material, etc., shall be submitted to the Planning Department for
review and approval prior to any approval of final plat or issuance of building
permits. Applicant is strongly encouraged to utilize bold or strong color patterns and
avoid the monochromatic color scheme. Applicant is encouraged to work with a
variety of color schemes/patterns for each duplex, triplex, or four -plex and vary them
from the adjacent building.
10. City Water/Sewer plans indicate that there are two 1-inch water services off West
Babcock Street. Applicant is required to disconnect these services at the main and
the curb boxes pulled out at the owner's expense.
11. Since the project is proposed to be developed in two phases, the applicant shall
provide adequate emergency vehicle turnaround (Le., hammerhead, temporary cul-
de-sac, etc.) adjacent to the first phase.
12. 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 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 of the Bozeman Municipal
Code. Details and specifications (cut sheets), including bulb type and size, and
locations shall be provided with the final plat and be 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:
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;
03-03-03
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-16-
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.
13. The final plat shall conform to all requirements of the Bozeman Area Subdivision
Regulations and the Uniform Standards for Final Subdivision Plats and shall be
accompanied by all required documents, including certification from the City
Engineer that as-built drawings for public improvements were received, a platting
certificate, and all required and corrected certificates. The final plat application shall
include two (2) signed cloth back (or equivalent) copies; two (2) signed reproducible
copies on a stable base polyester film (or equivalent); two (2) digital copies on a
double-sided, high density 3~-inch floppy disk; and five (5) paper prints.
14. Conditional approval of the preliminary plat shall be in force for not more than three
calendar years, as provided by State statute. Prior to that expiration date, the
developer may submit a letter of request for the extension of the period to the
Planning Director for the City Commission's consideration.
15. If it is the developer's intent to file the plat prior to the completion of all required
improvements, an Improvements Agreement shall be entered into 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 the installation of all improvements, the developer shall supply the City
of Bozeman with an acceptable method of security equal to 150 percent of the cost
of the remaining improvements.
16. A declaration of covenants for the Homeowners Association must be included and
recorded with the final plat which specifically includes the provisions from Section
16.34.030, as well as provisions for owners' association maintenance of all
applicable homeowners' association open space, relevant parks areas, park area
landscaping, park area pedestrian facilities, perimeter fencing, and stormwater
facilities.
17. 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,
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.
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18. 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 unless approved for
concurrent construction.
19. All infrastructure improvements including 1) water and sewer main extensions, and
2) storm drainage infrastructure improvements shall be financially guaranteed or
constructed prior to final plat approval.
20. The location of existing water and sewer mains shall be properly depicted.
Proposed main extensions shall be noted as proposed.
21. The drive approach shall be constructed in accordance with the City's standard
approach (Le., concrete apron, sidewalk section and drop-curb). A City Curb Cut
and Sidewalk Permit shall be obtained prior to beginning construction.
22. The Montana 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.
23. 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.
24. Project phasing shall be clearly defined including installation of infrastructure.
25. 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.
26. Language within the Covenants shall state that back yard walls (privacy fences)
shall be no more than 4 feet in height.
27. Language within the Covenants shall note that the covenants can only be amended
with the mutual consent of the City and the homeowners association.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Cetraro,
Commissioner Youngman, Commissioner Hietala, Commissioner Brown and Mayor Kirchhoff; those voting
No, none.
Break - 9:25 to 9:38 D.m.
Mayor Kirchhoff declared a break from 9:25 p.m. to 9:38 p.m., in accordance with Commission
policy.
ADDointments to boards and commissions - Cemetery Board. City-County Board of Health. City
Planning Board. Desian Review Board and Zonina Commission
Included in the Commissioners' packets was a memo from Deputy Clerk of the Commission
Wilmont, dated February 27, forwarding a list of applicants for the various boards. Distributed just prior to
the meeting were a memo from the Deputy Clerk and additional applications for the City Planning Board.
03-03-03
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It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that Irv G. Page be
appointed to replace Dallas Thompson as the representative of a recognized veterans group on the
Cemetery Board, with an initial term to expire on December 31, 2004. The motion carried by the following
Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Cetraro, Commissioner
Youngman, Commissioner Hietala and Mayor Kirchhoff; those voting No, none.
It was moved by Commissioner Hietala, seconded by Commissioner Youngman, that Timothy Ford
be reappointed as the joint city/county appointee to the City-County Board of Health, with a three-year term
to expire on January 6,2006. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Hietala, Commissioner Youngman, Commissioner Cetraro, Commissioner Brown and Mayor
Kirchhoff; those voting No, none.
It was moved by Commissioner Hietala, seconded by Commissioner Cetraro, that Mike Hope be
appointed to replace Joanne Eaton on the City Planning Board, with an initial term to expire on January 31.
2004. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Hietala
and Commissioner Cetraro; those voting No being Commissioner Brown, Commissioner Youngman and
Mayor Kirchhoff.
It was moved by Commissioner Brown, seconded by Commissioner Youngman, that Sarah
Guggenheim be appointed to replace Joanne Eaton on the City Planning Board, with an initial term to expire
on January 31, 2004. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Brown, Commissioner Youngman, Commissioner Hietala, Commissioner Cetraro and Mayor
Kirchhoff; those voting No, none.
It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that Joanne
Mannell Noel be appointed as the architectural historian on the Design Review Board, with an initial term
to expire on June 30, 2004. 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.
It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that Sarah
Guggenheim be appointed to replace Joanne Eaton on the Zoning Commission, with an initial term to expire
on January 31, 2005. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Brown, Commissioner Youngman and Mayor Kirchhoff; those voting No being Commissioner
Cetraro and Commissioner Hietala.
Discussion. FYI Items
The following "For Your Information" items were forwarded to the Commission.
(1 ) Letter of resignation from the Pedestrian/Traffic Safety Committee, dated February 20,
submitted by Shirley Sedivy.
(2) Copy of a letter from Assistant Planner Susan Kozub notifying residents near the Lawson
property of a meeting set for 5:30 p.m. on Monday, March 3, at the Professional Building.
(3) Copy of the Chamber of Commerce weekly legislative update, dated February 24, 2003.
(4) Updated list of planning projects to be considered at upcoming Commission meetings, dated
March 3.
(5) Agenda for the School District No.7 Board meeting to be held at 7:00 p.m. tonight at the
Willson School.
(6) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday. March 4,
in the Commission Room.
(7) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on
Tuesday, March 4, at the Professional Building~
03-03-03
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(8) Agendas for the Zoning Commission meeting to be held at 7:00 p.m. and the City Planning
Board meeting to be held at 7:30 p.m. on Tuesday, March 4, in the Commission Room.
(9) Draft minutes from the Community Affordable Housing Advisory Board meeting held on
January 29, 2003.
(10) Draft minutes from the Bozeman Alcohol Policy Advisory Board meeting held on February
26, 2003.
(11) City Manager Johnson announced that he will be in Helena on Friday, since he is a member
of the committee working on impact fees, and possibly on Thursday to testify.
(12) Planning Director Epple stated that eleven people are attending the mediation session for
the Lawson shed this evening.
(13) Assistant City Manager Ron Brey stated that a work session has been set for March 31 to
discuss the issues to be addressed in a big box economic analysis so that he can proceed with developing
a request for proposals. He encouraged the Commissioners to review the study completed for WalMart and
to identify those items that were good and those items that were insufficient. He then stated that he has
asked David Smith how the Chamber of Commerce might participate in the process and asked if input
should be sought from any other organizations.
(14) Commissioner Brown stated that he met with County Commissioner Bill Murdock on Tuesday
regarding the transit committee recommendation for a study.
(15) Mayor Kirchhoff noted he has received a letter from FEMA about the modified flood
elevations for Nash Spring Creek and gave that letter to Director of Public Service Arkell.
Adiournment - 9:58 D.m.
There being no further business to come before the Commission at this time, it was moved by
Commissioner Brown, seconded by Commissioner Youngman, that the meeting be adjourned. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner
Youngman, Commissioner Hietala, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none.
sdK~-
ATTEST:
~J~
R L. SULLIVAN
Clerk of the Commission
03-03-03
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