HomeMy WebLinkAbout2003-02-03 Minutes, City Commission
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
February 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, February 3, 2003, at 7:00 p.m. Present were Mayor Steve Kirchhoff, Commissioner
Marcia Youngman, Commissioner Lee Hietala, Commissioner Jarvis Brown, Commissioner Andrew Cetraro,
City Manager Clark Johnson, Director of Public Service Debbie Arkell, Planning Director Andy Epple, Staff
Attorney Tim Cooper 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 - January 18. 2000. November 22.2002 and January 21. and Januarv 27.2003
It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the minutes
of the meeting of January21, 2003, be approved as submitted. The motion carried by the following Aye and
No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Brown,
Commissioner Cetraro and Mayor Kirchhoff; those voting No, none.
Mayor Kirchhoff deferred action on the minutes of the meetings of January 18, 2000, November 22,
2002, and January 27,2003, to a later date.
Consent Items
City Manager Johnson presented to the Commission the following Consent Items.
Ordinance No. 1586 - amending Sections 18.20.030. 18.24.030. 18.26.040. 18.30.060
and 18.38.060. Bozeman MuniciDal Code. re numerical dwellina density limits
in sDecified residential zoning districts and height limits in sDecified business
districts: Drovisionally adoDt and bring back in two weeks for final adoDtion
ORDINANCE NO. 1586
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING
SECTIONS 18.20.030, 18.24.030, 18.26.040, 18.30.060, AND 18.38.060; NUMERICAL
DWELLING UNIT DENSITY LIMITS IN RESIDENTIAL MEDIUM DENSITY, RESIDENTIAL
HIGH DENSITY AND RESIDENTIAL OFFICE DISTRICTS, AND HEIGHT LIMITS IN
COMMUNITY BUSINESS, AND BUSINESS PARK DISTRICTS.
Ordinance No. 1587 - amendina the zonina desianation from "M-1" to "R-O" and
"R-4" on 33.20 acres located in the NE1J. of Section 7 and the NW1J. of Section
8. T2S. R6E. MPM (east of North Broadwav Avenue at East Mendenhall
extended): Drovisionallv adoDt and brina back in two weeks for final adoDtion
ORDINANCE NO. 1587
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
AMENDING THE CITY OF BOZEMAN ZONE MAP ZONING DESIGNATION FROM "M-1"
(LIGHT MANUFACTURING) TO "R-O" (RESIDENTIAL OFFICE DISTRICT) AND "R-4"
(RESIDENTIAL HIGH DENSITY DISTRICT) ON 33.20 ACRES LOCATED IN THE
NORTHEAST QUARTER OF SECTION 7, AND NORTHWEST QUARTER OF SECTION 8,
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TOWNSHIP 2 SOUTH, RANGE 6 EAST, MONTANA PRINCIPAL MERIDIAN, GALLATIN
COUNTY, MONTANA.
Commission Resolution No. 3576 - authorize City Manaaer to sian Chanae Order No.
1 for Water Treatment Plant Addition - Inaram-Clevenaer. Helena. Montana -
add $592.00 and 0 calendar days
COMMISSION RESOLUTION NO. 3576
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
APPROVING AL TERATION/MODIFICATION OF CONTRACT WITH INGRAM-
CLEVENGER,INC., HELENA, MONTANA.
ADDlication for Beer and Wine License for Calendar Year 2003 - Villaae Inn Pizza. 806
North 7th Avenue
Authorize Mayor to sign - Findinas of Fact and Order for Home De Dot Minor
Subdivision (subdivide 52.5 acres described as Lot 2. COS No. 2089. into four
lots for commercial and residential develoDment) (along west side of North
19th Avenue at Tschache Lane extended) (P-02049)
Authorize Mayor to sian - Findings of Fact and Order for Milliaan Minor Subdivision
(subdivide 29.15 acres described as Lot 4A. Minor Subdivision No. 221A. to
create four commercial lots (alona North 27th Avenue. north of Hulbert Lane)
(P-02052)
Authorize City Manaaer to sign - Professional Services Aareement for Bozeman
Wastewater Treatment Plant (WWTP) 2003 Modifications - Morrison-Maierle.
Inc.. Bozeman. Montana
Authorize City Manaaer to sian - Professional Services Agreement for Dre-desian of
Hyalite Transmission Main Replacement Droiect - Morrison-Maierle. Inc..
Bozeman. Montana
Authorize City Manaaer to sign - Memorandum of Understandina with State of
Montana DeDartment of TransDortation - imDrovements to North Rouse Ayenue
from East Main Street to StOry Mill Road rSTPP 86-1(27)01
Authorize City Manager to sian - Memorandum of Understandina with State of
Montana DeDartment of TransDortation - imDrovements to Main Street from
North 19th Avenue to Haaaerty Lane rSTPp 50-2(39)881
Authorize City Manaaer to sian - Memorandum of Understanding with State of
Montana DeDartment of TransDortation - imDrovements to South 19th Avenue
from West Babcock Street to Kagy Boulevard rSTPU 1201(10)1
Claims
It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the Commission
approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the
necessary actions. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Hietala, Commissioner Brown, Commissioner Cetraro, Commissioner Youngman and Mayor
Kirchhoff; those voting No, none.
Presentation of arant aDDlication for Victim Assistance Proaram - Gloria Edwards
Included in the Commissioners' packets was a copy of the grant application for the Victim Assistance
Program for Fiscal Year 2003-2004.
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Ms. Gloria Edwards, Executive Director of the Gallatin County/City of Bozeman Victim Assistance
Program, noted this is the tenth year of the grant and the ninth year that the City has been involved in the
program. She indicated that this application is for a total of $86,627.00, with $64,970.00 to be paid through
a grant from the Montana Board of Crime Control, $14,077.00 paid by Gallatin County and $7,580.00 paid
by the City of Bozeman. She noted that the grant monies basically cover the personnel costs of the two
employees under this program. Local contributions are generally covered through the victim witness
surcharge on court fines. In fact, Ms. Edwards indicated that the City is receiving more in revenues from
that source than is being requested; and the conscious decision has been made to stockpile the additional
revenues for a rainy day. She then noted that the program has helped over 600 victims of violent crime this
past year.
Ms. Edwards concluded her presentation by thanking Commissioner Jarvis Brown for serving on the
project team, noting he has been a valuable addition.
City Attorney Luwe stated that he includes the City's portion of the local match in his budget unit.
It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that City Manager
Johnson be authorized to sign the grant application to the Montana Board of Crime Control for the Gallatin
County/City of Bozeman Victim Assistance Program for Fiscal Year 2003-2004. 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.
Fire DeDartment's auarterly reDort - Assistant Director of Public Safety - Fire ODerations Chuck Winn
Assistant Director of Public Safety-Fire Operations/Emergency Medical Services Chuck Winn gave
a video presentation of the quarterly report for the Fire Department for the period October through
December 2002. The video covered a variety of activities, including Fire Prevention Week, the hiring of two
new firefighters, a mass casualty drill at the airport that involved a variety of agencies, the selection of Gary
Clutter as the department's new training officer, ice rescue training, rope rescue training, replacement of
the water tank in Engine 2, child safety seat checks, house fires, emergency incidents and medical calls.
Mayor Kirchhoff thanked Assistant Director of Public Safety Winn for the presentation.
Presentation of draft BAE housing study - Paul Peninaer. Bay Area Economics
Included in the Commissioners' packets was a copy of the draft housing study, prepared by Bay
Area Economics (BAE).
Mr. Paul Peninger, Bay Area Economics, presented the draft report. He reviewed the reasons for
conducting the needs assessment, noting that it meets some of the provisions of the Bozeman 2020
Community Plan, helps ensure the City is dedicating its resources to the right projects, and helps to obtain
state and federal funding.
Mr. Peninger noted that Bozeman is growing at a faster rate than the state and the nation but slower
than Gallatin County, adding 4,849 people and 2,126 households between 1990 and 2000. Due to the
student population, Bozeman's demographics reflect a younger average age, smaller households, and a
population that is less affluent than the county or the state. He also noted that Bozeman has a 43-percent
rate of home ownership, which is lower than for the rest of the county.
Mr. Peninger indicated that nearly 2,500 housing units have been added to Bozeman's market over
the last decade, of which 220 units are affordable, rent-restricted units targeted to those making less than
60 percent of area median income. The study revealed there is a demand for all types of housing, with the
rental market being strongly influenced by students. He noted that housing costs in Bozeman are the
highest in the state, outside resort areas; and that results in 44 percent of the renters and 38 percent of the
homeowners overpaying for housing costs.
Mr. Peninger reviewed the special needs population that has been identified, including the elderly,
large families, those with disabilities, single-parent households and emergency shelter. He noted the
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responses to the open-ended questions on the MSU Marketing Club survey revealed a high level of concern
for those with disabilities and the need for an emergency shelter.
Mr. Paul Peninger identified a number of resources available to the City, including land, financial
resources like CDBG and HOME, and regulatory incentives. Identified constraints include government
regulations, a cumbersome political process with layers of oversight, market constraints, and the potential
of negative public opinion.
Mr. Peninger stated that, based on the research, priority housing needs include housing for those
earning less than 30 percent of area median income, rental housing for those earning between 31 and 60
percent of area median income, home ownership for those earning 80 percent of area median income,
housing for the disabled, and transitional supportive housing.
Mr. Peninger concluded by forwarding policy recommendations which include revising the affordable
housing pOlicy and making that policy consistent across all documents, prioritizing the regulatory and
process reform to facilitate housing production, creating an incentive-based affordable housing program,
developing clear guidelines for affordable housing implementation plans in annexation agreements,
identifying specific sites and dedicating resources for special needs housing, and instituting a first-time
homebuyers program.
Responding to questions from Commissioner Brown, Mr. Peninger stated that the income tax
savings realized from home ownership was not taken into consideration in determining affordability. He then
indicated that lenders are beginning to educate themselves on alternatives to help get people into their own
homes.
Responding to questions from Commissioner Hietala, Mr. Peninger acknowledged that the MSU
student population does have an impact on the housing market in Bozeman, particularly since probably
7,000 to 8,000 of those students live in the community rather than on campus.
Commissioner Youngman noted that several of the Community Affordable Housing Advisory Board
members are present at this meeting and thanked them and Mr. Peninger for their energy and work on this
project.
Mayor Kirchhoff thanked Mr. Peninger for the report.
Public hearina - tax exemDt status for Bridaer PeaksVillaae. a DroDosed aualifying low-income rental
housina Droiect located alona the north side of West Oak Street. immediatelv east of the Bridaer
Peaks Town Center
This was the time and place set for the public hearing on a request for tax exempt status for the
Bridger Peaks Village, a proposed qualifying low-income rental housing project that is to provide sixty units
of affordable housing for low-income senior citizens. The project is to be located along the north side of
West Oak Street, immediately east of the Bridger Peaks Town Center.
Mayor Kirchhoff opened the public hearing.
Ms. Caren Roberty, Human Resource Development Council, stated that Mr. Tim German, Sparrow
Development, LLC, and the Human Resource Development Council are partnering in the development of
a 60-unit project for mature persons, or those 55 and older. She noted that Section 15-6-221, Montana
Code Annotated, allows for exemption from property taxation for those rental units meeting certain
ownership and rental rate criteria. She indicated that, under this program, the Commission must conduct
a public hearing and solicit comment on whether the proposed qualifying low-income rental housing property
meets a community housing need. A record of the public hearing is to be forwarded to the Board of Housing
for its consideration in making the final decision.
Ms. Caren Roberty noted that, the presentation of the draft housing study revealed that one of the
identified needs is for elderly housing, especially for those with very low incomes; and this project will help
to meet that need.
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Responding to Mayor Kirchhoff, Ms. Roberty stated that a 15-year term of afford ability is required.
In this instance, they are proposing an initial term in excess of 30 years. If the Montana Board of Housing
agrees that the project should be tax exempt, the HRDC will have the first right of refusal for purchase of
the property through a formula in the tax code. If HRDC were to purchase the property, the units would be
affordable in perpetuity.
Mr. Tim German, Sparrow Development, LLC, noted that when he came before the Commission with
his informal application, he was encouraged to talk to the Community Affordable Housing Advisory Board
and the Human Resource Development Council; and he has been impressed by the professional staff at
HRDC. He stated that the project is to remain affordable for a minimum of 46 years and, if tax credits are
awarded for the project, affordability will be a covenant with the land.
Responding to Mayor Kirchhoff, Ms. Roberty stated there are no other projects like this one in the
pipeline.
Mr. Jeff Rupp, Executive Director of the Human Resource Development Council, voiced his support
for the Bridger Peaks Village project. His research revealed that Mr. German has received high marks for
his projects in Missoula, and he looks forward to partnering with Mr. German on this project. He voiced
appreciation for Mr. German's agreeing to provide three one-bedroom units for lower income seniors in
Phase I and for his willingness to consider providing additional units in Phase II.
Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing.
Commissioner Hietala expressed support for the project. He then suggested that, if this project is
to be completed under the planned unit development process, it should include excellence in design.
Commissioner Youngman stated she is excited about the project, noting the developer has been
very cooperative and responded to suggestions regarding priority needs. She indicated this project is
important for the community.
Mayor Kirchhoff echoed the comments of both Commissioners Hietala and Youngman. He voiced
full support for the project and encouraged good design of the project.
Commissioner Cetraro indicated his support and encouraged design excellence for the project.
Commissioner Brown stated he, too, is supportive of the project, noting it will fill a community need
that has not yet been met.
Responding to questions from Commissioner Brown, Ms. Roberty stated that a higher percentage
of low-income rental rates is being proposed than in any previous application; and this is the first project to
include units at 30 percent of area median income. She then indicated that, once 50 percent of the units
are designated as affordable for lower-income persons, the entire project is tax exempt.
Mayor Kirchhoff noted that, in light of the comments above, there is unanimous support for a request
to seek tax exemption for this project.
Reauest for letter of SUDDort for tax credit aDDlication for Bridaer Peaks Villaae
Included in the Commissioners' packets was a letter from the Community Affordable Housing
Advisory Board, dated January 29.
Ms. Caren Roberty, Human Resource Development Council, forwarded the Community Affordable
Housing Advisory Board's recommendations. She noted that, in keeping with the draft housing study just
submitted to the Commission and the Board's proactive role, they requested units at the very low income
level. She stated the Board's preference was for six units at this level; but they agreed that having three
units at the 3D-percent level in the first phase was realistic and acceptable, particularly since the City has
no incentives in place to assist Mr. German. She stressed that rents at the 30-percent level generate only
enough revenues to cover operating costs and do not service the mortgage. She concluded by noting this
project is a very good first project in the Board's new housing movement.
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Mr. Tim German, Sparrow Development, LLC, stated he will apply for grants and other additional
funding sources that will help him further lower rents, and committed to an attempt to provide more units
at the 30-percent level.
Mayor Kirchhoff indicated he intends to write a letter of support for a tax credit application for this
project; the Commissioners unanimously authorized him to do so.
Public hearina - Minor Site Plan with Certificate of Appropriateness to allow demolition of existina
garaae and construction of a new 540-sauare-foot aaraae with apartment above on lots 1-3. Block
2. Park Addition. with deviations from Section 18.24.050. Bozeman Municipal Code. to allow aaraae
to encroach 13 feet 6 inches into 20-foot rear yard setback: from Section 18.24.030.B.. to allow
construction on 8.953-sauare-foot lot rather than the reauired 9.800-sauare-foot lot: and from
Section 18.24.030.C.. to increase the allowable number of dwellina units per acre from three to four
units - Michael and Jamey McCormick. 101 South 6th Avenue (Z-02255) (CH)
This was the time and place set for the public hearing on the Minor Site Plan with Certificate of
Appropriateness, as requested by Michael and Jamey McCormick under Application No. Z-02255, to allow
demolition of an existing garage and construction of a new 540-square-foot garage with apartment above
on Lots 1 through 3, Block 2, Park Addition, with deviations from Section 18.24.050 of the Bozeman
Municipal Code, to allow the garage to encroach 13 feet 6 inches into the required 20-foot rear yard setback;
from Section 18.24.030.B., to allow this construction on an 8,953-square-foot lot rather than the required
9,800-square-foot lot; and from Section 18.24.030.C., to increase the allowable number of dwelling units
per acre from three to four units. The subject property is located at 101 South 6th Avenue.
Mayor Kirchhoff opened the public hearing.
Included in the Commissioners' packets was a letter from Dr. Elizabeth Darrow and James C.
Walseth, 603 West Babcock Street, regarding this application.
Urban Designer Candace Honatke presented the staff report. She noted that the large farmhouse
on this property, which was built prior to 1898, has been converted into a tri-plex. Under this application,
the old garage on the site is to be demolished and replaced with a two-car garage that fits with the style of
the existing home and is constructed with similar materials and colors. She indicated that the deviation to
allow the new garage to encroach into the rear yard setback will allow it to be constructed on the same
footprint as the old garage, and a review of the area revealed that it is consistent with the locations of other
garages. She indicated that there is adequate parking for this proposal, since both on-street and off-street
parking spaces can be counted for meeting the code requirements.
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 briefly summarized those
findings and forwarded staff's recommendation for approval, subject to 21 conditions.
Mr. Michael McCormick, applicant, stated he resides on the main level of the home. He indicated
that this application will allow the construction of a garage that is more usable and safe and will promote
increased density in the core area, with minimal impact on City services. He noted that he has talked to his
neighbors about this proposal, and it seems to be generally acceptable to them. As a result, he encouraged
Commission approval.
Responding to questions from Commissioner Brown, Planning Director Epple stated that the new
dwelling unit is not considered an accessory dwelling unit, so the property owner is not required to reside
on the site. He then reminded the Commissioners that one of the goals of the Bozeman 2020 Community
Plan is to increase density in the urban area by 20 percent, and this application will increase density in the
core area.
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 Minor Site
Plan with Certificate of Appropriateness, as requested by Michael and Jamey McCormick under Application
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No. Z-02255. to allow demolition of an existing garage and construction of a new 540-square-foot garage
with apartment above on Lots 1 through 3, Block 2. Park Addition, with deviations from Section 18.24.050
of the Bozeman Municipal Code, to allow the garage to encroach 13 feet 6 inches into the required 20-foot
rear yard setback; from Section 18.24.030.B., to allow this construction on an 8.953-square-foot lot rather
than the required 9,800-square-foot lot; and from Section 18.24.030.C., to increase the allowable number
of dwelling units per acre from three to four units, be approved subject to the following conditions:
1. Applicant shall provide a total of six paved parking spaces on-site. Their location
shall be shown on the final site plan and is subject to review and approval by the
Planning Office.
2. All areas intended for permanent parking and ingress/egress shall be paved with
concrete or asphalt.
3. Proposed garage structure shall have two (2) separate garage doors and a
subdivided interior for review and approval by the Building Inspection Division.
4. Applicant shall provide two paved parking spaces in front of the garage structure
measuring 9 feet by 20 feet. All parked vehicles shall be outside of the public right
of way, including the sidewalk.
5. 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.
6. The final site plan submittal shall include a color rendering and a materials and color
palette to confirm the overall building scheme, as proposed, in order to verify
compatibility of the expansion with the existing main house on the property.
7. Where possible, the applicant shall retain the mature landscaping in areas adjacent
to the proposed new construction.
8. 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 Inspection Division for code.
9. Driveway approach and public street intersection sight triangles shall be free of
plantings which at mature growth will obscure vision within the sight triangle.
10. 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.
11. 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.
12. The applicant must submit seven (7) copies of a final site plan to be reviewed and
approved by the Planning Office. The final site plan shall contain all of the
conditions, corrections and modifications and a narrative addressing all of the
conditions of approval and code provisions.
13. Applicant shall apply for a demolition permit at the Building Inspection Division
following receipt of a Certificate of Appropriateness.
14. 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
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permit must be obtained prior to initiating construction. Building permits will not be
issued until the final site plan is approved.
15. A building permit must be obtained prior to initiating construction, 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.
16. Water and sewer impact fees shall be assessed to the property owner. Water and
sewer connections to the subject property line shall be completed by the City, with
related costs born by the property owner.
17. Final site plan shall show existing water/sewer infrastructure both in adjacent streets
and on property.
18. City of Bozeman applications for water and sewer service shall be completed by the
applicant.
19. The proposed garage structure shall have its own sewer service.
20. The proposed garage structure may gain access to water service from the main
house on the property after tying into the water meter.
21. Water and sewer infrastructure, existing and proposed, shall be shown on the final
site plan.
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 - 8:25 to 8:30 p.m.
Mayor Kirchhoff declared a break from 8:25 p.m. to 8:30 p.m., in accordance with Commission
policy.
Public hearina - Maior Site Plan - allow construction of 20-unit residential condominium proiect on
Lot 4. Block 5. Cattail Creek Subdivision. Phase I - Locati Architects for Harbler Development. Inc.
(2938 Warbler Way) (Z-02251)
This was the time and place set for the public hearing on the Major Site Plan requested by Locati
Architects for Harbler Development, Inc., under Application No. 2-02251, to allow the construction of a 20-
unit residential condominium project on Lot 4, Block 5, Cattail Creek Subdivision, Phase I. The subject
property is located at 2938 Warbler Way.
Mayor Kirchhoff opened the public hearing.
Senior Planner Dave Skelton presented the staff report. He noted that this application is to construct
two four-plex and two six-plex condominium units on a lot zoned "R-O, II Residential-Office. The subject lot
lies along the southwest side of Warbler Way, west of North 27th Avenue. The units are to be two-bedroom
and three-bedroom units. He indicated that these large lots along Warbler Way were originally intended
for professional offices; however, the current market is for multi-family dwelling units. Because of this
change in intended use, the *-inch water line originally installed is not large enough; and the street must
be cut to allow the installation of a 1 ~-inch or larger water line. The Senior Planner stated that Warbler Way
was paved this past summer, which triggers the street cut moratorium that is currently in place. He
suggested that, rather than considering the request for a street cut permit at a later date, the Commission
consider it in conjunction with this application, which could result in the need to amend Condition No. 14 as
recommended by staff.
The Senior Planner stated that staff has reviewed this application in light of the applicable criteria,
and staff's comprehensive findings are contained in the written staff report. He indicated that, based on that
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review, staff has forwarded a recommendation for approval, subject to 26 conditions. He then noted that,
to date, no pUblic comment has been received.
Responding to Mayor Kirchhoff, the Senior Planner stated that stacked parking in the garages and
driveways is proposed. Also, a small overflow parking lot in the interior of the project is proposed. He then
indicated that a project similar to this for one of the adjacent lots will be forthcoming within the next month
for Commission consideration.
Director of Public Service Debbie Arkell noted that, included under "FYI Items" was a memo from
Engineering Assistant Andy Kerr forwarding a proposed ordinance that would remove the street cut
moratorium and provide for an application and permit fee to cut a newly paved or rehabilitated street. She
reminded the Commissioners that they have recently approved street cuts on streets less than seven years
old, with the requirement that the applicant pay $1.00 per square foot to cover the additional costs of
maintenance resulting from that cut. In this specific instance, the street is onlyfive months old and, because
of its age, the suggested fees under the new ordinance would be substantially higher than $1.00 per square
foot. She then indicated that if the Commission wishes to consider the street cut at this time, Condition No.
14 must be reworded.
Responding to questions from City Manager Johnson, Senior Planner Skelton acknowledged that
the garages in this project are quite prominent; however, he noted that they have been oriented toward the
interior of the project to protect the streetscape.
Mr. Kyle Tage, architect representing the applicant, voiced concurrence with the staff report and a
willingness to respond to questions.
Responding to Mayor Kirchhoff, Mr. Tage stated that, in an effort to minimize the impacts of
prominent garages, they have tried to enhance the front of the units with a porch and a lower roof. He
cautioned that snubbing the noses of the garages could be detrimental to the elevations that face the street.
Planning Director Epple stated that staff carefully looked at the prominent garages on the plans.
However, since the garages face the interior of the development and since the presentation from the street
are the ends of the buildings and a courtyard with a few parking spaces, staff felt the design was acceptable.
Mayor Kirchhoff acknowledged staff's position, and noted that a building-to-building interface
between lots is preferable to two abutting parking lots.
No one was present to speak in opposition to the proposed development.
Commissioner Youngman suggested that Condition No. 14, as recommended by staff, be revised
to reflect that the street cut will be subject to the fees established under the pending ordinance.
Mr. Matt Nesler, Warbler Development, indicated that, if the fees based on the pending ordinance
do not delay construction of his project, he has no problem with the proposed condition.
Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing.
It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the Major Site
Plan requested by Locati Architects for Harbler Development, Inc., under Application No. Z-02251, to allow
the construction of a 20-unit residential condominium project on Lot 4, Block 5, Cattail Creek Subdivision,
Phase I, be approved subject to the fOllowing conditions:
1. The final site plan shall be adequately dimensioned.
2. A Stormwater DrainagelTreatment Grading Plan and Maintenance Plan for a system
designed to remove solids, silt, oils, grease, and other pollutants must be provided
to and approved by the City Engineer. The plan must demonstrate adequate site
drainage (including sufficient spot elevations), stormwater detention/retention basin
details (including basin sizing and discharge calculations, and discharge structure
details), stormwater discharge destination, and a stormwater maintenance plan.
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A stormwater easement must be established on the adjacent property and filed with
the County Clerk and Recorder's Office for the retention pond and discharge course
if located off the subject property.
3. Plans and specifications for any water, sewer and/or storm sewer main extensions,
and public or private streets (including curb, gutter and sidewalks) prepared by a
Professional Engineer (PE) shall be provided to and approved by the City Engineer.
Water and sewer plans shall also be approved by 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. Specific comments regarding the existing and proposed
infrastructure shall be provided at that time. 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 will be issued prior to City acceptance of the
infrastructure improvements.
4. Plans and specifications for any fire service line must be prepared in accordance
with the City's Fire Service Line Policy by a Professional Engineer (PE), and be
provided to and approved by the City Engineer prior to initiation of construction of
the fire service line or fire protection system. The applicant shall also provide
professional engineering services for construction inspection, post-construction
certification, and preparation of mylar record drawings.
5. 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 edge of easement.
6. Sewer and water services shall be shown on the final site plan and approved by the
Water/Sewer Superintendent. City of Bozeman applications for service shall be
completed by the applicant.
7. The location of existing water and sewer mains shall be properly depicted, as well
as nearby fire hydrants. Proposed main extensions shall be labeled "proposed."
8. The drive approach shall be constructed in accordance with the City's standard
approach (Le., concrete apron, sidewalk section and drop curb) and shown as such
on the final site plan. A City Curb Cut and Sidewalk Permit shall be obtained prior
to final site plan approval.
9. City standard sidewalk shall be installed and properly depicted at the standard
location (Le., 1 foot off property line) along the street(s) frontage. Any deviation to
the standard alignment or location must be approved by the City Engineer.
10. Typical curb details (i .e., raised and/or drop curbs) and typical asphalt paving section
detail shall be provided to and approved by the City Engineer. Concrete curbing
shall be provided around the entire new parking lot perimeter and adequately
identified on the final site plan.
11. All existing utility and other easements must be shown on the final site plan.
12. Adequate snow storage area must be designated outside the sight triangles, but on
the subject property (unless a snow storage easement is obtained for a location off
the property and filed with the County Clerk and Recorder's office).
13. Drive approach and public street intersection sight triangles shall be free of plantings
which at mature growth will obscure vision within the sight triangle.
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14. The applicant shall pay the appropriate fees for a street cut permit for Warbler Way,
based on the fees under the pending ordinance and resolution forwarded by
Engineering Assistant Andy Kerr.
15. That the residential development is referenced on the final site plan as "Cattail
Creek Condominiums."
16. That the applicant provide written approval from the Design Review Board of the
homeowners' association for Cattail Creek Subdivision prior to final site plan
approval.
17. That the site plan adequately dimension all two-way drive aisles, off-street parking
back-up maneuverability, off-street parking spaces, disabled accessible parking
spaces, sidewalks, and landscape islands to confirm compliance with the zone code,
for review and approval prior to final site plan approval.
18. The applicant shall provide a common signage plan and legend for all signs
proposed on said property depicting location, general style, size, area, materials,
color, and method(s) of illumination, for review and approval by the Planning Office
prior to final site plan approval.
19. That the applicant specify the exterior light fixtures, both free-standing and wall-
mounted, to be used for exterior illumination of the project that also includes a
typical manufacturer's "cut-sheet" detail of the fixture depicting the type of
illumination bulb and illumination output to be used, for review and approval prior to
final site plan approval. All exterior light fixtures shall be so arranged to direct light
downward and/or away from any adjoining properties, shall not detract from driver
visibility on adjacent streets, and shall not exceed a maximum height of twenty (20)
feet from grade.
20. All retention/detention ponds located in the required yard setbacks shall not exceed
a maximum slope of 1-in-4 and a depth of 1~ feet (i.e., 25% slope), that they be
designed as a landscape feature in a non-geometric form, and that the ponds be
revised accordingly on the final site plan.
21. That all roof-top and/or ground-mounted mechanical equipment shall be noted
accordingly on the site plan and exterior elevations, and shall be properly screened
from adjoining properties and public streets, and that typical details of all screening
devices shall be noted accordingly on the site plan, for review and approval prior to
final site plan approval. The exterior elevations shall delineate the placement and
height of all rooftop mechanical equipment in relationship to the top of the parapet
wall and/or screening device and the site plan shall locate all utility equipment,
including ground-mounted mechanical power and telephone boxes, as well as a
typical detail(s) illustrating the materials, color, and method of screening used to
screen the equipment from adjacent properties and public streets, for review and
approval by the Planning Office prior to final site plan approval.
22. That 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.
23. 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.
24. If occupancy of any structure is to occur prior to the installation of all required on-site
improvements, the Improvements Agreement must be secured by a method of
02-03-03
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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, all on-site improvements
shall be completed by the applicant within nine (9) months of occupancy to avoid
default on the method of security.
25. 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.
26. 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 have been
satisfied.
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.
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 sinale-familv residential lots. 5 multi-family 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.D.. 16.14.040. 16.16.010.1. and 16.16.070. Bozeman Municipal Code. re
minimum lotfrontaae. block length. 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.B., 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.
Distributed to the Commissioners prior to the meeting was a letter from Mr. Bill Hanson, architect
for the applicant, dated January 31 , requesting that this and the next public hearing be continued to March
17.
It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the public hearing
be continued to March 17, 2003, per the applicant's request. 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.
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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 Section
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 vards. lot coverage. 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 to several sections of the zone code, as follows: (1) from Section
18.20.020, to allow apartments in the IR-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 IR-3" district; (3) from Section 18.26.020, to allow retail uses in the "R_Q" zoning district; (4) from
Section 18.26.060, to allow additional features to exceed the height restrictions in the "R_Q" 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. The subject
property is located between Durston Road and West Oak Street at North 15th Avenue extended.
Distributed just prior to the meeting was a letter from Alice Tor, 1005 Durston Road, dated January
27, voicing concern about several of the requested relaxations for the proposed project.
It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the public hearing
be continued to March 17, 2003, per the applicant's request. 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.
Ordinance No. 1584 - revisina Sections 18.04.515. 18.04.1385. and 18.52.040. add Section 18.04.1386.
and add Chapter 18.66. providing for additional application reauirements. review procedures. and
review criteria for large scale retail establishments
Included in the Commissioners' packets was a copy of Ordinance No. 1584, entitled:
ORDINANCE NO. 1584
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING
SECTIONS 18.04.515, 18.04.1385, 18.30.020, AND 18.52.040, DEFINITIONS OF DESIGN
REVIEW AND LARGE SCALE RETAil; PERMITTED USES IN THE IIB_2" (COMMUNITY
BUSINESS) DISTRICT; AND SPECIAL DEVELOPMENT PROPOSALS-ADDITIONAL
APPLICATION REQUIREMENTS, REVIEW PROCEDURES AND REVIEW CRITERIA; AND
BY ADDING CHAPTER 18.66, PROVIDING FOR ADDITIONAL APPLICATION
REQUIREMENTS, REVIEW PROCEDURES, AND REVIEW CRITERIA FOR LARGE
SCALE RETAil ESTABLISHMENTS.
Distributed just prior to the meeting was an e-mail message from Philip Saccoccia requesting
revisions to the ordinance.
Staff Attorney Cooper briefly reminded the Commissioners of the process that has been followed
to date in attempting to address the identified impacts of large scale development. He then highlighted the
revisions made to the ordinance during this past week, in response to the Commission's direction at last
week's meeting.
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Commissioner Hietala suggested that, since the phrase "inclusive of outdoor sales and storage" is
included in the definition of "Retail, large scale," the square footage should be increased to 125,000. He
also expressed concern that, while it is his understanding this ordinance is temporary until an economic
impact study is completed, there is no reference to that fact in the ordinance.
Staff Attorney Cooper responded it was his understanding that the Commission determined it wishes
to enact a permanent ordinance rather than extending the current urgency ordinance or enacting a new
urgency ordinance. He then indicated that, in conjunction with adoption of this ordinance, staff will begin
the process of seeking a study that identifies specific impacts and how to mitigate those impacts and bring
back findings and revisions to the ordinance for Commission consideration as soon as possible.
Commissioner Hietala stated he feels the provision for dark stores is excessive, particularly since
it includes requirements for plumbing, electrical, ventilating and heating/cooling systems that may not be
considered during initial construction. He cautioned that this provision could result in increased costs of
construction, which will then be passed along to the consumer.
Staff Attorney Cooper noted that the recommendation from the task force was clear but not detailed.
As a result, staff attempted to flesh out the various provisions in the drafting of this ordinance, which
includes a new chapter to the zone code.
Commissioner Hietala stated it seems the initial intent was to establish a cap at 100,000 square feet,
with the City to embark on an economic impact study to identify the impacts of developments between
75,000 square feet and 100,000 square feet in size. He again noted that if outdoor sales and storage is to
be included in the cap, it should be increased to 125,000 square feet.
Commissioner Cetraro voiced his concurrence with Commissioner Hietala's comments and indicated
that he feels the cap should be exclusive of outdoor sales and storage. He also voiced support for removal
of the provision regarding dark stores.
Commissioner Youngman reminded the Commissioners that at last week's meeting, a majority
agreed on a 75,OOO-square-foot cap until the economic impact study is completed and a fee schedule
established, after which they would be supportive of raising the cap to 100,000 square feet.
Ms. Marilyn Tracz, member of the task force, stated it was the task force's intent to limit development
to 100,000 square feet with fees triggered at 75,000 square feet. As a result, she supports the proposed
ordinance and process that was discussed at last week's meeting.
Ms. Ashley Ogle, member of the task force, voice her concurrence with Ms. Tracz's comments. She
noted it was the task force's intent to trigger design standards at 40,000 square feet and a fee schedule at
75,000 square feet, and to establish a hard cap of 100,000 square feet. She reminded the Commissioners
that fourteen individuals with differing views came together for a unanimous vote in forwarding the
recommendations to the Commission.
Mr. Philip Saccoccia read his written comments into the record, stressing that the Commission must
carefully look at the task force recommendations and determine what is legal. He characterized the
proposed 75,OOO-square-foot cap as arbitrary and anti-competitive and not defensible. He suggested that
a 125,OOO-square-foot cap would be more defensible, noting that the Bozeman 2020 Community Plan
designates only a few places close to the interstate for such development. He also asked that the
exemptions for outdoor sales and storage be removed and that the provisions for dark stores be deleted.
He concluded by asking that his property be exempted from the provisions of the ordinance.
Mr. Vance Paulson, President of the Bozeman Area Chamber of Commerce, voiced his appreciation
for the process and the efforts of the task force. He noted, in fact, that two of the Chamber's board
members-served on that task force. He stated that the Chamber of Commerce board, including the two who
served on the task force, took a position against the findings of the task force and resulting ordinance
because of the excessive financial burdens, size cap and additional design review requirements. He
characterized the ordinance as anti-competitive and counter to free enterprise and encouraged the
Commissioners to give careful consideration to those issues when acting on this ordinance.
02-03-03
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Mr. Brian Leland, 528 North Bozeman Avenue, stated that fire containment and heating systems are
typically divided in large buildings. As a result, he suggested that requiring the systems in buildings over
40,000 square feet to be divided in two would have little impact.
In response to comments from Commissioner Cetraro, Planning Director Epple noted that under the
regulations in Section 4 of this ordinance, the outdoor sales and storage area is limited to 25 percent of the
size of the building.
Responding to Commissioner Hietala. Staff Attorney Cooper stated that the exemptions
recommended by the task force were based on the cumulative effect of a big box store in conjunction with
a large outdoor sales and storage area. He noted the task force recognized the distinction between that
type of business and those businesses which, by necessity. maintain their merchandise outside, like a car
dealership, a recreational vehicle sales business or an agricultural equipment dealership. He then reminded
the Commission that Chapter 18.50 of the zone code currently limits outdoor sales and storage to 10
percent of the building size, and this ordinance expands that to 25 percent for large scale retail.
Commissioner Youngman suggested that, if any Commissioners wish to have changes considered
during the second reading of this ordinance, those changes be submitted in writing so they can be
addressed at the February 18 meeting.
Commissioner Hietala suggested that the Commission delay action for a period of one week so that
those changes can be considered in conjunction with provisional adoption.
Mayor Kirchhoff responded that this is the last meeting at which the ordinance may be provisionally
adopted if it is to be in effect by the expiration of the urgency ordinance.
Commissioner Brown noted that the ordinance before the Commission enacts the recommendations
of the task force to the greatest extent possible given legal constraints and the lack of an economic impact
study at this time.
It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that Ordinance No.
1584, amending various definitions and providing for additional application requirements, review
procedures, and review criteria for large scale retail establishments, 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 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 ) Memo from Engineering Assistant Andy Kerr, dated January 28, forwarding a draft ordinance
amending the municipal code provisions pertaining to street cuts.
City Manager Johnson indicated that staff will bring this ordinance back for formal consideration and
asked that Commissioners forward any comments they may have.
(2) Memo from Engineering Assistant Andy Kerr, dated January 29, forwarding an alternative
traffic calming plan for North 20th, 21st, 22nd and 23rd Avenues between West Beall Street and Durston
Road.
Responding to City Manager Johnson, Commissioner Youngman noted the Commission made a
commitment to pay for traffic calming to mitigate the impacts of the skatepark; however, she suggested that
commitment may not extend to all of the four streets involved in this plan. She also stated that, under the
previous transportation plan, monies were budgeted and carried forward from year to year to cover the costs
of closing North 20th Avenue along the south edge of West Beall Street; but that closure did not occur.
Based on these two different levels of commitment, she feels it is appropriate for the City to bear the costs
of installing speed humps.
02-03-03
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Director of Public Service Debbie Arkell noted that Engineering Assistant Kerr has recommended
the City do a mail ballot to all property owners along those streets, with a requirement that 75 percent of the
property owners be in favor of installing the speed humps since they do create noise.
A majority of the Commissioners indicated support for proceeding with a mail ballot to the property
owners, followed by installation ofthe speed humps if the required 75 percent of property owners return their
ballots indicating support.
(3) Post card from Jan Elpel, dated January 18, thanking the Commission for its denial of the
Town and Country Grocers proposal.
(4) Letter from Kimberly Szyikowski, Belgrade, dated January 19, requesting permission to
address the Commission regarding an ordinance prohibiting the use of non-domesticated animals at various
types of activities and events.
Mayor Kirchhoff asked if the Commissioners are interested in entertaining the requested ordinance;
the Commissioners indicated they are not interested. As a result, the Mayor indicated that the letter will be
acknowledged and the writer notified of the Commission's determination.
(5) Informational flyer from the Park and Gallatin Citizens' Alliance concerning various bills
before the Legislature regarding coal bed methane development.
(6) Listing of planning projects to be considered at upcoming Commission meetings.
(7) Copy of the Chamber of Commerce legislative update as of January 31,2003, along with
an e-mail message from David Smith forwarding the results of last week's poll regarding various taxes.
(8) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, February
4, in the Commission Room.
(9) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on
Tuesday, February 4, at the Professional Building.
(10) Agenda for the City Planning Board meeting to be held at 7:00 p.m. on Tuesday, February
4, in the Commission Room; and notice that there will be no Zoning Commission meeting due to the lack
of agenda items.
(11 ) Minutes from the January 22, 2003, meeting of the Bozeman Alcohol Policy Advisory
Council.
(12) Planning Director Andy Epple submitted the following. (1) Stated he met with representatives
from Bozeman Deaconess Foundation regarding implementation of the condition regarding Burke Park and
has suggested they use the facilitated land use meeting program to work with the various groups. (2) Stated
that Bill Wilke has accepted the Planning Board's offer to conduct a "Planning 101" seminar for the editorial
board at the Bozeman Daily Chronicle, and he hopes to undertake that program within the next month or
two. (3) Stated that 2002 had the second highest number of housing starts in Bozeman's history, with the
highest number occurring in the late 1990s. He stated that the growth rate in the early 1990s was slow; and
if one used the last ten years to determine the growth rate, it would be closer to 4.6 percent than to the 2
percent upon which the housing study is based.
(13) City Attorney Luwe noted the Commissioners have received a letter from James Elshoff
contesting a parking ticket. He indicated that staff is treating that letter as an appeal and is moving forward
with that process at this time.
Responding to questions from Mayor Kirchhoff, the City Attorney reviewed the various steps in
enforcing parking violations and the City departments involved in each step.
City Manager Johnson stated that the Parking Commission has requested increased enforcement
of the parking regulations and, as a result, the City now has more officers doing the enforcement than in
the past. The result is an increased number of citations and an increased number of complaints.
02-03-03
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(14) Commissioner Hietala suggested that the Commission consider negotiating a couple of the
major lawsuits currently facing the City, Le., the impact fees and the Saccoccia case.
City Attorney Luwe stated nothing has changed in the position of either party in the impact fee
lawsuit, giving no basis for negotiating. He also indicated that Mr. Saccoccia's case is being handled by his
attorney; and he has not submitted any new offers to the City's contracted attorney for consideration.
City Manager Johnson stated that, if the Commission wishes, staff could set up another session for
discussing litigation strategy and bring in the contracted attorneys for an update and discussion.
Following discussion, a majority of the Commissioners agreed that this issue should be referred
back to the City Attorney's office, and placed on the agenda for discussion when additional information has
been received.
Commissioner Cetraro asked that the Commissioners be informed if anything pertinent arises.
(15) Mayor Kirchhoff reported that S8197, the bill regarding appointments to city planning boards,
passed the Senate on a 48 to 2 vote and will now be referred to the House.
Adiournment - 10:10 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.
STA.~K~
ATTEST:
()~~~
ROBIN L. SULLIVAN
Clerk of the Commission
02-03-03