HomeMy WebLinkAbout2006-11-06 Minutes, City Commission
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LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
November 6, 2006
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The Commission of the City of Bozeman met in the Community Room, Gallatin County
Courthouse, 311 West Main, on Monday, November 6,2006, at 6:00 p.m. Present were
Mayor Jeff Krauss, Cr. Sean Becker, Cr. Steve Kirchhoff, Cr. Jeff Rupp, City Manager
Chris Kukulski, Assistant City Manager Ron Brey, Public Works Director Debbie Arkell,
Assistant Planning Director Chris Saunders, City Attorney Paul Luwe, and City Clerk
Brit Fontenot.
0: 10:07 [18:03: 15] A. Call to Order - 6:00 p.m. - Community Room, Gallatin County
Courthouse, 311 West Main
0: 10:09 [18:03: 17] B. Pledge of Allegiance and Moment of Silence
0: 10:56 [18:04:04] ehanges to the agenda
Mayor Krauss asked City Manager Kukulski about any changes to the agenda. Mr.
Kukulski responded that there has been a request to continue the public hearing,
Edgewood Townhomes Preliminary Planned Unit Development, #Z-06149, to December
4, 2006.
0: 11 :42 [18:04:58] C. Public Service Announcement(s) - 911 Mil Levy
(CashelllRosenberry )
Anna Rosenberry, City of Bozeman Finance Director informed the public about the 911
ballot issue in the context of financial matters.
Gallatin County Sheriff Jim Cashell stated the top 10 reasons for supporting the 911 Mil
Levy.
Public Works Director Debbie Arkell updated the public on the progress of the
construction of Durston Road.
0: 18:06 [22:54:26] D. Minutes - October 16, October 20 (Joint City-County Meeting),
and October 30, 2006
0: 18:09 [18: 11 :23] Motion and Vote to approve the minutes for Octoher 16, October
20 (Joint Clty-eounty Meeting), and October 30,2006 as suhmltted.
It was moved by er. Becker. seconded hv Cr. Ruup. to aoprove the minutes for
October 16. October 20 (Joint CltyaCounty Meetln2). and October 30.2006 as
suhmitted.
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Those votinl! Ave beine ers. Becker. Rupp. Kirchhoff. Jacobson and Mavor Krauss.
Those votinlZ No bein2 none.
The motion carried.
0: 18:22 [18: 11 :24] E. Consent
1. Authorize payment of claims (LaMeres)
2. Authorize City Manager to sign State Lands East Annexation Agreement (Cooper)
3. Approve Resolution 3974, Resolution of Annexation for State Lands East
(Cooper)
4. Provisionally adopt Ordinance 1677, Initial Zoning of State Lands East (Cooper)
5. Adopt Resolution 3975 declaring Mandeville Farm blighted (Kukulski)
6. Approve Morgan Annexation (part 46), #A-060 1 0
7. Adopt Resolution 3976 transferring ownership of parking lots from the Parking
Commission to the City of Bozeman (Luwe)
8. Approve Durston Road SID Project - Amendment No.4 to the Professional
Services Agreement (Stodola)
9. Approve Hyalite Transmission Main Project - Amendment No.3 to the
Professional Services Agreement (Stodola)
10. Authorize Mayor to sign Findings of Fact and Order for Meadow Creek
Subdivision (Cooper)
11. A ward contract for fire suppression system for Bogert Pavilion to Spring
Corporation (Goehrung)
12. Award bid for Side Loader to Rocky Mountain Truck Center (Johnson)
13. Finally Adopt Ordinance 1676 Legends Zone Map Amendment (Bernard)
14. Approve Baxter Meadows Phase 3A Final Plat (Cooper)
15. Approve Bozeman Gateway Subdivision Planned Unit Development, Phase 3,
Final Plat (Cooper)
16. Authorize City Manager to sign Wilda Lane Annexation Agreement (Cooper)
17. Adopt Resolution 3978 Wilda Lane Annexation (Cooper)
18. Adopt Ordinance 1679 Wilda Lane Zone Map Amendment (Cooper)
19. Authorize payment of Buttrey's Solvent Site Cost Recovery (Luwe)
20. Approve Oak Springs Subdivision, Phase 3, Final Plat (Cooper)
21. Authorize Mayor to sign Findings of Fact and Order for LeClair Minor
Subdivision (Cooper)
22. Authorize Mayor to sign Findings of Fact and Order for Wierda Minor
Subdivision (Cooper)
0: 18:25 [18: 11:49] F. Puhlic eomment
Mayor Krauss called for public comment on Consent Items El - E22.
0: 18:45 [18: 12: 11] Public Comment - Deb Stober
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Deb Stober resi~es at 395 North Valley Drive. She voiced concern about the Durston
Road SID amendment and the contract increase due to a proposed engineering change.
0:20:52 [18:12:13] Mr. Kukulski
Mr. Kukulski provided clarification on the Professional Services Agreement (E8 Approve
Durston Road SID Project - Amendment No.4 to the Professional Services Agreement.
0:27:06 [18:19:40] Motion and Vote to approve consent items El ~ E22 as listed.
It was moved bv Cr. Rupp. seconded hv Cr. Kirchhoff. to aoorove consent items El
- E22 as listed.
Those votine Ave hein! ers. Ruoo. Kirchhoff. Jacobson and Mayor Krauss.
Those votfn2 No heiDe none.
The motion carried.
0:27:24 [18:20:40] F. Public Comment
Mayor Krauss called for public comment. This was the time for individuals to comment
on matters falling within the purview of the Bozeman City Commission. There was also
an opportunity in conjunction with each agenda item for comments pertaining to that
item.
0:27:45 [18:21:08] Public Comment - Marty Lambert
Marty Lambert resides at 1611 Willow Way. He opposes the Lincoln Park Condo project
and suggested limiting dense development and restricting the proposal to maintain the
single family character of the neighborhood.
0:30: 17 [18:21 :09] Publk Comment - Savannah Barns
Savannah Barns resides at 1602 Maple Lane. She is angry about having to appear before
the Commission for the fourth time to protect their neighborhood. She resents feeling
like a victim and opposes the Lincoln park Condos project.
0:33:14 [18:23:55] Public Comment - Joanne Wilke
Joanne Wilke resides at 1665 Alder Court and opposes the revised Lincoln Park
development plan.
0:36:49 [18:26:46] Public Comment - Michaellvv
Michael Ivy resides at 1407 South Rouse and asks that the Commission not delay the
issue [of Edgewood Townhomes] and requested that the Commission proceed with
testimony and follow-up with a vote.
0:40:01 [18:33:08] Public Comment - Deb Stober
Deb Stober resides at 395 North Valley Drive. She seeks a date certain for the opening of
Durston and Annie streets. She questioned the possibility of enacting ordinance limiting
road closures and proposed a waiting list for construction. She is seeking a Valley Drive
street sign on Durston Road. She asked the Commission to seriously consider the
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number of blight designations being adopted and is upset about compact fluorescent light
bulbs in the City.
0:42:55 [18:33:47] Public Comment - David Smith
David Smith, President and CEO of the Bozeman Area Chamber of Commerce, stated
that the road construction this year is a colossal failure and noted that some businesses in
the construction zones have revenues half of what they would normally have. He
suggested an allowance in sign codes for larger signs in construction areas.
0:47:12 [18:40:43] G. Action Items
0:47:20 [22:53:38] 1. Special Improvement Lighting District No. 696, Laurel Glen
Subdivision Phase II (Rosenberry) - PUBLIC HEARING, open and continue to
November 20, 2006.
0:47:30 [18:40:46] Staff Report
Director of Finance Anna Rosenberry requested an open and continuance on the Special
Improvement Lighting District No. 696, Laurel Glen Subdivision Phase II.
0:47:55 [18:41:08] Public Comment
Mayor Krauss called for public comment.
No person commented.
0:48:10 [18:41:12] Motion and Vote to continue to Nov. 20, 2006, the Special
Improvement Lighting District No. 696, Laurel Glen Subdivision Phase II
It was moved bv Cr. Kirchhoff. seconded hv er. Jacobson. to continue to Nov. 20.
2006. the Special Improvement LI2htlnl! District No. 696. Laurel Glen Subdivision
Phase II.
Those votlne Ave heinll ers. Kirchhoff. Jacobson. Becker. RUDD and Mavor Krauss.
Those votlne no belDIl
The motion carried.
0:48:40 [18:41:25] 2. Fire Master Plan (Winn) - PUBLIC HEARING
0:49:25 [18:41 :55] Staff Report
Director of Public Safety - Fire Services Chuck Winn presented the staff report and Fire
Master Plan.
1:11:59 [18:42:51] Public Comment
Mayor Krauss called for public comment.
No person commented.
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1 :34:48 [19:09: 10] Motion to adopt the amended fire protection master plan and
formally adopt a 6 minute response time.
It was moved by Cr. Jacobson. seconded bv Cr. Becker. to adopt the amended fire
protection master olan as the 2uidinl! document for our [City of Bozeman 1 future
plannin2 and formallv adoot a 6 minute resoonse time I!oal for the Bozeman fire
deoartment.
1:41:23 [19:13:32] Vote to adopt the amended fire protection master plan and
formally adopt a 6 minute response time.
[It was moved by Cr. Jacohson. seconded bv Cr. Becker. to adopt the amended fire
orotection master olan as the 2uidln2 document for our [City of Bozemanl future
olanninl! and formallv adopt a 6 minute resoonse time 20al for the Bozeman fire
department.l
Those votinl! Aye heinf Crs. Jacobson. Becker. Ruoo. Kirchhoff and Mavor Krauss.
Those votine No bein2 none.
The mtltion carried.
1:41:46 [19: 14:40] Break
Mayor Krauss called for a break.
1 :54:06 [19: 15:20] 3. Edgewood Townhomes Major Subdivision Preliminary Plat,
#P-06041 opened and continued from August 28, 2006 (Skelton)
1 :54:56 [19: 16:39] Staff Report
Senior Planner Dave Skelton presented the staff report.
2:04:42 [19:19:45] Public Comment
Mayor Krauss called for public comment.
2:04:51 [19:20:52] Public Comment. Brian Gallik
Attorney Brian Gallik, 35 N. Grand Avenue, appeared on behalf of his clients Jimmy and
Sherry Pepper who are opposed to the pending application, including recent changes. He
suggested that the Commission make decision based on the original application submitted
months ago.
2:07:37 [19:22:28] Public Comment - Frank Munshower
Frank Munshower resides at 1407 South Bozeman A venue and is Chairman of the
Executive Committee of the Bozeman Creek Neighborhood Association and requested a
firm answer on whether this issue would be tabled. He also requested more notice before
the Planning Dept. meets with the developer.
2:21 :45 [19:36:20] Public Comment
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Mayor Krauss called for further public comment.
No person commented.
2:21:57 [19:36:49] Motion to continue the Edgewood Townhomes Major Suhdivision
Preliminary Plat, #P-06041 hearing to Decemher 4, 2006.
It was moved by Cr. Becker. seconded by er. Rupp. to continue the oublic hearlDlZ
on the Initial Ed2ewood Townhomes Maior Suhdivision preliminary plat
aoolication to December 4. 2006.
2:23:23 [19:49:25] Vote to continue the Edgewood Townhomes Major Subdivision
Preliminary Plat, #P-06041hearing to Decemher 4, 2006
rIt was moved by Cr. Becker. seconded bv Cr. Rupp. to continue the public hearlnll
on the initial Ede:ewood Townhomes Maior Suhdivision preliminary plat
aoollcation to December 4. 2006.1
Those votiDlZ Aye heine Crs. Becker. Rupo. Jacobson and Mayor Krauss.
Those votine No heine er. Kirchhoff.
The motion carried.
2:23:34 [19:49:44] 4. Edgewood Townhomes Preliminary Planned Unit
Development, #Z-06149, opened and continued from August 28,2006 (Skelton)
2:23:39 [19:50: 11] Staff report
Senior Planner Dave Skelton presented the staff report.
2:24: 18 [19:52:26] Public Comment
Mayor Krauss called for public comment.
2:24:23 [19:53: 10] Public Comment - Frank Munshower
Frank Munshower resides at 1407 South Bozeman Avenue and is Chairman of the
Executive Committee of the Bozeman Creek Neighborhood Association and requested
that the City Planning Department notify the BCNA when they are meeting with the
developer.
2:27 :45 [19:56:41] Public Comment - Chuck Paden
Chuck Paden resides at 507 Ice Pond Road. He requested clarification on whether or not
the public will have the opportunity to comment on both Edgewood applications.
2:28:42 [19:57:22] Motion and Vote to continue the Edgewood Townhomes
Preliminary Planned Unit Development, #Z-06149 to December 4,2006.
It was moved by Cr. Rupp. seconded hv Cr. Kirchhoff. to continue the Ede:ewood
Townhomes PrelhnJnarv Planned Unit Development rthe orllllnal apolfcation 1. #Z-
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06149 to Dec. 4. 2006.
Those votine Aye bein2 ers. Rupp. Jacobson. Becker and Mayor Krauss.
Those votine No beine er. Kirchhoff.
The motion carried.
2:29:50 [19:59:09] 5. Buffalo Wild Wings Conditional Use Permit/eertiflcate of
Appropriateness, #Z-06209, opened and continued from October 16, 2006 (Kozub)
2:30: 11 [19:59:46] Staff report
Planner Susan Kozub presented the staff report.
2:31 :27 [20:00:20] Public Comment
Mayor Krauss called for public comment.
No person commented.
2:34:51 [20: 11 :09] Motion to continue the Buffalo Wild Wings eonditional Use
PermiUeertificate of Appropriateness, #Z-06209 to Dec. 4, 2006.
It was moved by er. Kirchhoff. seconded hy Cr. Jacobson. to continue the Buffalo
Wild Win2s Conditional Use Permit/eertiflcate of Aooropriateness. #Z-06209 to
Dec. 4. 2006.
2:36:16 [20:12:29] Vote to continue the Buffalo Wild Wings Conditional Use
Permit/eertiflcate of Appropriateness, #Z-06209 to Dec. 4, 2006.
rIt was moved by Cr. Kirchhoff. seconded by Cr. Jacobson. to continue the Buffalo
Wild Wines Conditional Use Permit/eertificate of Aporopriateness. #Z~06209 to
Dec. 4.2006.1
Those votin2 Ave beiDll Crs. Becker and Mayor Krauss.
Those votin2 No heimz Crs. Kirchhoff. Jacobson and Rupp.
The motion failed.
2:40:07 [20: 19:07] Suhstitute motion to continue the Buffalo Wild Wings
Conditional Use Permit/eertiflcate of Appropriateness, #Z-06209 to Dec. 4, 2006.
It was moved hy Cr. Kirchhoff. seconded hv Cr. Jacobson. continue the Buffalo
Wild Winls eonditional Use Permlt/eertificate of Appropriateness. #Z~06209 to
Dec. 4. 2006.
2:40:27 [20:19:14] Vote to continue the Buffalo Wild Wings Conditional Use
Permit/eertificate of Appropriateness, #Z-06209 to Dec. 4, 2006.
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[It was moved hv er. Kirchhoff. seconded hv Cr. Jacobson. continue the Buffalo
Wild Wines Conditional Use Permit/Certiflcate of Aooropriateness. #Z-06209 to
Dec. 4. 2006.1
Those votine Ave bein2 ers. Jacobson. Becker and Mavor Krauss.
Those votin2 No beine Crs. Kirchhoff and Rupp.
The motion carried.
2:40:55 [20:19:40] Mayor Krauss
Mayor Krauss requested from Mr. Luwe information about whether or not the Mayor can
postpone hearings in the absence of the applicant.
2:41 :57 [20:20:28] 6. Lincoln Park Condos Site Plan, #Z-06193 (Kozub) (Tabled from
Oct. 16,2006)
2:42: 17 [20:21 :27] Staff Report
Planner Susan Kozub presented the staff report
2:47:06 [20:22:56] Commissioner Rupp
Commissioner Rupp stated that he was absent on October 16, 2006 the meeting in which
when this item was tabled.
2:50:46 [20:26:51] Applicant
Catherine Konen of Gaston Engineering appeared on behalf of the applicant and Jeremy
Shay, the applicant, appeared on his own behalf.
3:15:03 [20:43:08] Public Comment
Mayor Krauss called for public comment.
3: 15:33 [20:43:35] Public Comment - Marlv Lambert
Marty Lambert resides at 1611 Willow Way and suggests this is an illogical development
in a college town when one takes into consideration the character of the neighborhood.
The proposal does not providing a transition area between units and parking will be an
Issue.
3:19:07 [20:43:43] Public Comment - Joanne Wilke
Joanne Wilke resides at 1665 Alder Court. She clarified that her earlier comments
referred to the revised plan, she continues to oppose the development.
3:22: 11 [20:43:55] Public Comment - Savannah Barnes
Savannah Barnes resides at 1602 Maple Lane. She continues to oppose the Lincoln Park
development.
3:23:52 [20:44: 17] Public Comment - Man Price
Mary Price resides at 1615 Alder Court and while she appreciates the efforts by the
developer to revise the plans but its still too dense.
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3:24:29 [20:45:05] Public Comment - Brian Hamer
Brian Hamer, no residence stated, states that if this area is too dense for R-l zoning than
the law should be changed.
3:27:08 [20:47:04] Applicant Response to public comment
The applicant had no response.
3:46:24 [20:55:57] Motion and Vote to forward the Lincoln Park Condos Site Plan to
DRe and return to the eommission on Nov. 20, 2006.
It was moved by Cr. Becker. seconded hy er. Jacobson. to forward the Lincoln Park
eondos Site Plan. #Z-06193 revised application. to the Desi2n Review Committee
with the advice and comments orovided bv the eommission for DRC review and
return to the eommission on Dec. 20. 2006.
Those votlne Aye heln2 ers. Becker. Jacobson. Kirchhoff and Mavor Krauss.
Those votin2 No beine Cr. Ruoo.
The motion carried.
3:48:20 [20:56:23] 7. Oak Meadows Condos Site Plan/eertiflcate of
AppropriatenesslDeviatlons (Krueger) [Tabled on October 23,2006 with a motion on
the floor and vote held in abeyance]
3:49:20 [20:57: 18] Staff report
Planner Brian Krueger presented the staff report.
3: 51 :21 [20:57:59] Applicant
James Nicholson of Morrison-Maierle appeared for the applicant.
3:53:01 [20:59:02] Public Comment
Mayor Krauss called for public comment.
No person commented.
3:53:09 [21:00:04] Withdrawal oforf2lnal motion by eommissioner Kirchhoff
Commissioner Kirchhoff withdrew the original motion made on Octoher 23, 2006:
[It was moved hy Cr. Kirchhoff, seconded by Cr. Becker, to conditionally approve
Oak Street Meadows Condos Site Plan/Certificate of AppropriatenesslDeviations as
conditioned by Planning Staff Including the most recent one (a corrected condition
that was requested by City Engineering) referenced by (planner) Brian (Krueger)]
3:53:13 [22:26:39] Withdrawal of second to the orl21nal motion by Commissioner
Becker
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Commissioner Becker withdrew his second to the original motion (see original
motion above).
3:53:39 [21:09:51] New Motion to approve Oak Meadows Condominiums Site
Plan/Certificate of Appropriateness with Deviations as conditioned by Planning
Staff.
It was moved bv er. Kirchhoff. seconded bv er. Becker. to aporove Oak Meadows
Condominiums Site Plan/eertiflcate of Aoprooriateness with Deviations as
conditioned bv Plannine Staff in the November 6. 2006 staff repOrt addendum and
as shown on the October. 2006 site olan with one deviation to 18.16.050 !lVards" to
allow a maximum encroachment of four feet into the required 20 foot rear yard
setback on Lot 2. Block 5.
RECOMMENDED CONDITIONS OF APPROVAL:
Based on the orevious analysis. the DRC. DRB and ADR staff find that the
apollcation. with conditions. is in 2eneral compliance with the adooted Growth
Policy and the eity of Bozeman Unified Develooment Ordinance. The followln2
conditions of aooroval are recommended. Please note that these conditions are in
addition to the required code provisions he21nnlne on Paees 3 and 4 of the Octoher
23. 2006 staff repOrt.
1. A stron2er urban buildine form shall be used alone the Oak Street eorrldor.
An examole of an aoprooriate build form is the Unit 5 model buildln!. A
stroDl~ corner oresence shall be established at the corners of Oak Street and
N. 14th Avenue and Lilac Avenue. The buildln2S alone: Oak Street shall have
the primary entrance facinl! north and a pedestrian connection to the Oak
Street trail.
2. A shared use Tvoe IA trail constructed to Cltv standards shall he orovided In
the setback area alona! Oak Street. The trail location should he coordinated
with the eitv of Bozeman Parks Department. A oreconstructlon meetin2 is
required with the City of Bozeman Parks Department prior to construction.
3. All prooosed on-street parkin! shall be shown and desi2l1ated on the Onal
site plan with accurate hvdrant locations. cnrh extensions. c;:rosswalks. and
site vision trian21es depicted on that olan.
4. The landscape plan shall he revised to address the followine:
a) Accurate locations of the water and sewer. and utility lines
shall be shown on the landscape olan. No tree may be closer
than 10 feet to a utility line. Water and sewer lines shall he
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routed to avoid the oarkine area landscaoe islands in order to
protect the required tree canooy within the oarkinsz areas.
b) Sidewalks shall he moved to one side of the oarkiDl! area
landscape island at the rear of unit #5's in order to
accommodate an additional tree in those areas.
c) The orooosed surface detention oonds shall be desiened as
amenities. The oonds shall be lined with native erasses.
indieenous olants. and houlders to create a more natural site
amenity.
d) Additional seatin2 areas shall be orovided alone the
north/south trail corridor.
e) Ground mounted mechanical eQuioment. includine air
exchanee equipment. air conditionine condensers. and
irri2ation wells. are not oermitted in the required yard
set hacks or open space corridor and must he noted on the site
olan and landscape olan. if orooosed.
5. That the aoolicant orovide on the site plan and exterior elevations the
location of all roof-top and/or 2round-mounted mechanical and utility
equipment. includine eround-mounted mechanical pOwer and teleohone
boxes. irrieation wells. as well as a tvpical detail(s) ilIustratin2 the materials.
color. and method of screenin2 used to screen the equipment from adjacent
properties and public streets. for review and aooroval by the plannimz staff
prior to issuance of a C.O.A. and Final Site Plan aooroval.
6. The color oalette for the buildin2 shall include material samples and color
chips for review and aporoval hv the Plannine Office. prior to Final Site Plan
aooroval. All final huildin2 elevations shall he keved to the color palette to
delineate where each individual buildine material and c;:olor is specified.
7. All buildin2lsite shlnasze anticipated shall be shown in the correct scale. size.
and color on all final build_nsz elevations and perspectives submitted for final
site olan aooroval.
8. The alternate deshm of unit #7 on Oak Street is required. that variety and
use of colors be incorporated into the desien. and sbruh foundation plantines
be used on street sides and internal locations of the buildin2s.
9. That the entire perimeter and center oarkland trail of the site (i.e..
driveways. sidewalks. e2resslin2ress ooints. setback landsc;:apin2. boulevard
trees. and trail imorovements) shall be installed with the initial ohase of the
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proiect. if ohased construction is orooosed.
10. That the aoolicant orovide an access easement for the sidewalk svstem that
services the condominium units that front on Oak Street.
11. That the applicant upon suhmiUine the Final Site Plan for aooroval hv the
Plannine Director and orior to issuance of a buildiDll permit. will also submit
a written narrative outIinine: how each of the conditions of aporoval and code
provisions have been satisfied
12. The Final Site Plan shall he adequatelv dimensioned. A comolete leeend of all
line types used shall also be provided.
13. A Storm Water Drainaeeffreatment Gradine Plan and Maintenance Plan
for a system desiened to remove solids. silt. oils. erease. and other pollutants
must be provided to and approved bv the eitv Eneineer. The plan must
demonstrate adequate site drainaee (includinl sufficient spOt elevations).
flow direction arrows. storm water detention/retention hasin details
{includinsz basin sizin2 and dischar2e calculations. and discharee structure
details). storm water discharge destination. and a storm water maintenance
plan.
14. Sewer and water services shall be shown on the FSP and approved hy the
Water/Sewer Superintendent. City of Bozeman applications for service shall
be completed bv the applicant.
15. Trees shall not he located within ten (10) feet of water and sewer service
lines.
16. The location of existinl water and sewer mains shall he prooerlv depicted. as
well as nearhv fire hvdrants. PropOsed main extensions shall be labeled
"propOsed".
17. The drlve aooroach shall be constructed in accordance with the City's
standard aoproach (i.e.. concrete apron. sidewalk section and drop-curh) and
shown as such on the FSP. A City Curh Cut and Sidewalk Permit shall be
()htained prior to FSP aporoval.
18. City standard sidewalk shall he installed and orooerly depicted at the
standard location (I.e.. 1 foot ofT orouertv line) alonl the street(s} frontaee.
Any deviation to the standard alignment or location must be aooroved hv the
Citv Ensdneer.
19. All existinll utilitv and other easements must be shown on the FSP.
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20. Adequate snow stora2e area must he desilmated outside the si2ht trian2les.
but on the subject oropertv (unless a snow storaee easement is obtained for a
location off the propertv and filed with the eountv Clerk and Recorder's
office).
21. Drive approach and oublic street intersection siszht trianl!les shall be free of
olantines which at mature erowth will obscure vision within the sieht
trianl!le.
22. The Montana Department of Fish. Wildlife & Parks. SCS. Montana
Department of Environmental Quality and Army Corps of Eneineer's shall
be contacted reeardine the propOSed project and any required permits (i.e..
310.404. Turhidity exemption. etc.) shall be ohtained orior to FSP aooroval.
23. If construction activities related to the oroject result in the disturhance of
more than 1 acre of naturall!round. an erosion/sediment control plan may he
required. The Montana Department of Environmental Quality mav need to
be contacted bv the Aoolicant to determine if a Storm water Dischar2e
Permit is necessary. If a permit is required hv the State. the Develooer shall
demonstrate to the eitv full permit comoliance.
24. The applicant shall submit a construction route map dictatine how materials
and heavy equipment will travel to and from the site in accordance with
section 18.74.020.A.l of the Unified Development Ordinance. This shall be
submitted as part of the final site plan for site develooments. or with the
infrastructure plans for suhdivisions. It shall he the respOnsibility of the
aoolicant to ensure that the construction traffic follows the aooroved routes.
25. All construction activities shall comply with section 18.7 4.020.A.2. of the
Unified Development Ordinance. This shall include routine
c1eaninelsweepine of material that is draeeed to adjacent streets. The eity
may require a szuarantee as allowed for under this section at any time durinsz
the construction to ensure any dama2es or cleanine that are required are
complete. The developer shall be respOnsible to reimhurse the City for all
cQSts associated with the work if it hecomes necessarv for the eity to correct
any problems that are identified.
26. Re2ardin2 eondition No. 11. indicate the impact of the deyelooment on the
oreviously aooroved storm water plan for the Oakwood Meadows
Subdivision. Anv storm water runoff that exceeds what was oreviouslv
desil!ned for shall be retained on site.
27. At the 21' wide allevs orovide the City standard alley approach instead of the
radii shown.
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28. Wherever oarkine. shall not be allowed on the private streets the curb shall
he oalnted red with white leUerine that is at least 3" in heieht and shms
orovlded every 35 feet that state "FIRE LANEffOW A WAY ZON". No
oarklne. shall he allowed on the orivate streets and alleys less than 27 ft wide
and oarkine. may be allowed on one side of the 27 29 ft wide orivate street.
29. Plans and Specifications for water and sewer main extensions prepared and
slimed by a Pr()fessional Eneineer (FE) reeistered in the State of Montana
shall be provided to and approved hy the City Eneineer. Water and sewer
olans shall also he approved bv the Montana Department of Environmental
Quality. The applicant shall also provide Professional Eneineerim! services
for Constructi()n Inspection. Post-Construction eertification. and
oreoaration of mylar Record Drawin2s. Construction shall not he initiated
on the oubllc Infrastructure Imorovements until the plans and specifications
have heen aoproved and a preconstruction conference has been conducted.
No buildine. permits shall he issued prior to City acceotance of the required
infrastructure improvements unless approved for concurrent construction.
30. A 30 Ct wide easement shall be orovlded for the water and sewer mains
within the oropertv orior to FSP approval.
31. Wherever sanitarv sewer mains are not located under or accessed from
improved streets. a 12 foot wide all weather access drive shall be constructed
to orovlde necessary access.
32. A Puhlic Access Easement shall be provided for the orlvate streets thru the
oropertv orlor to FSP approval
Those votin2 Ave belne: ers. Kirchhoff. Becker. Jacohson and Mayor Krauss.
Those votln2 No bein2 none.
Those absent beine Cr. Rupp.
The motion carried.
3:54:40 [21:10:01] 8. DelaneylIndreland Fence, Phase II, Z-06239 - PUBLIC
HEARING
3:55:11 [21:10:39] Staff report
Director of Planning Andy Epple presented the staff report
3:58:35 [21:11:01] Applicant
Deana Inderland appeared on behalf of the applicant.
3:58:59 [21:11:16] Public Comment
Mayor Krauss Called for public comment.
No person commented.
14
4:02:53 [21: 19: 14] Motion and Vote to approve the DelaneylIndreland Fence, Phase
II, Z-06239
It was moved by Cr. Jacobson. seconded by Cr. Becker. to aoprove the
DelaneylIndreland Fence. Phase II. Z-06239 as conditioned by olanninS! staff.
eonditions:
1. All prooosed fences shall avoid the required site vision trianele at the allev
and East Story Street intersection.
2. Prior to the issuance of a bulldlne: permit. the applicant shall submit a detail
. for the oroposed e:ate of Fence Tvpe C.
3. Prior to the issuance of a bulldlnS! permit. the applicant shall submit a
modified fence site plan that deoicts Fence Type B as beeinnioll at the Is-root
corner side vard line alone: East Story Street.
4. The aoolicant shall provide a color and materials palette for final desie.n
review and approval hy Administrative DeslS!n Review Staff (lncludine: color
of the concrete and rod iron fencioe: material).
5. The aoolicant shall ohtaln a buildine permit and pav all required fees orior
to construction. and within one vear of Certificate of Aooropriateness
aooroval or this aoproval shall become null and void.
6. This orolect shall be constructed as aoproved and conditioned In the
Certificate of Aoproprlateness with deviations application. Any
modifications to the submitted and approved drawlne:s shall Invalidate the
proiect's approval unless the apollcant submits the propOSed modifications
for review and approval by the Deoartment of Plannine orior to undertakine:
said modifications. as required bv Section 18.64.110 of the Bozeman Unified
Develooment Ordinance.
Those votine: Ave heine: Crs. J ac;obson. Becker. Rupp. Kirchhoff and Mayor Krauss.
Those votln2 No heine: none.
The motion c~urled.
4:03:36 [22:28:03] Suspension of the Rules of Procedure to allow the meeting to
continue past 10 PM.
Mayor Krauss suspended the Rules of Procedure to allow the meetine to continue
oast 10 PM.
4:04:53 [21 :20:57] 9. Morgan Zone Map Amendment, #A-06197 - PUBLIC
HEARING
15
4:04:56 [21 :21 :44] Staff report
Planner Martin Knight presented the staff report.
4:06:33 [21 :24: 13] Applicant
Chris Budeski of Madison Engineering appeared for the applicant.
4:07:32 [21 :24: 19] Questions for the applicant
There were no questions for the applicant.
4:07:51 [21:24:41] Public Comment
Mayor Pro Tem Jacobson called for public comment.
No person commented. .
4:08:12 [21:29:41] Motion and Vote to approve the Morgan Zone Map Amendment,
#A-06197.
It was moved bv Cr. Ruoo. seconded hv Cr. Kirchhoff. to approve the More:an Zone
Map Amendment. #A-06197 with contineencies listed on pa2e 2 of the Zonin2
Commission Resolution #Z-06197.
Recommended eontineencies:
1. That the Ordinance of the Zone Mao Amendment shall not he adopted until
the Resolution of Annexation Is si2ned by the applicant and formallv
aooroved hv the Citv Commission. If the annexation is not approved. the
aoolication shall be null and void.
2. That the applicant suhmit a zone amendment map. titled "More:an tract 2
Zone Map Amendment". on a 24" hv 36" mylar. 81/2" by 11". or 8%" hv
14" paper exhibit. and a dieital copv of the area to he zoned. acceptable to
the Director of Public Service. which will he utilized in the preparation of the
Ordinance to officially amend the City of Bozeman Zoninll Map. Said map
shall contain a metes and bounds leaal descriotion of the perimeter of the
suhtect prooertv and zonimz districts. and total acrea2e of the provertv.
3. That the Ordinance for the Zone Map Amendment shall not he drafted until
the apollcant provides a metes and bounds lee:al description prepared hy a
licensed Montana surveyor and map of the area to he rezoned. which will be
utilized in the preparation of the Ordinance to officially amend the zone
map.
16
Those votin! Aye beinl! ers. Ruoo. Kirchhoff. Becker and Mavor Pro Tern
Jacohson.
Those votinl! No beinl! none.
Those absent beinl! Mayor Krauss.
The motion carried.
4:09:02 [21 :32:08] 10. Genesis Business Park Annexation, #A-06003 - PUBLIC
HEARING
4:09:09 [21:34:31] Staffreport
Senior Planner Dave Skelton presented the staff report.
4:15:00 [21:35:52] Applicant
Chris Budeski and Gene-Gianforte appeared for the applicant.
4: 19:21 [21 :40:22] Motion to approve the Genesis Business Park Annexation, #A-
06003
It was moved by Cr, Becker. seconded bv Commissioner Kirchhoff. to approve the
request for annexation rGenesls Business Park Annexation. #A-06003 based on the
terms and contine:encles outlined In the staff report and direct staff to oreoare an
annexation aereement for sienature by the parties.l
Staff Recommendation:
1. Aoollcant shall orovide and file with the eounty elerk and Recorder's office
executed Waivers of Rilzht to Protest Creation of S.I.Do's for the followin2:
a. Street imorovements includinsz pavln2. curh/l!utter. sidewalk
and storm draina2e facilities for the followine streets 1) South
19th A venue. 2) Graf Street. 3) South 27th A venue. 4) Stucky
Road. S) Fowler A venue. 6) Blackwood Road. and 7)
applicable sienalizatlon imorovements at said street
intersections.
h. Truck Sewer and Water Mains to service the oropertv.
The documents filed shall specify that In the event an S.I.D. is not utilized for
the completion of these improvements. the developer ae:rees to oartlcloate In
an alternate f1nancine method for the completion of said Improvements on a
fair share. propOrtionate basis as determlned hy square foota2e of property.
taxable valuation of the property. traffic contrlhution from the develooment
or a combination thereof.
17
2. Public street and utility easements shall be orovided for South 19th Avenue
unless adeQuate rhzht of way alreadv exists.
3. That the apolicant execute at the Gallatin County elerk & Recorder's Office
a waiver of rieht-to.,.protest creation of S.I.D.'s for a eity-wide Park
Maintenance District. which would orovide a mechanism for the fair and
eQuitable assessment of maintenance costs for City oarks as part of the
Annexation Aereement.
4. The orovertv owner shall orovide usable water riehts. or cash in-lieu thereof.
in the amount determined by the Director of Puhlic Service at the time the
prooerty is annexed to the corporate limits to the City of Bozeman.
5. The property owner should be advised that prior to development of the
property. the future developer(s) may he required to prepare. at their own
exoense. a comprehensive desi2n report evaluatine existin2 caoacitv of water
and sewer utilities. storm water master olan and traffic impacts.
6. That at the time of any new development on the prooerty. flre. street. water
and wastewater imoact fees will he assessed.
7. The Annexation A2reement should include notice that. orior to develooment.
the developer will he resoonsihle for installin2 any facilities reQuired to
provide full municipal services to the oroperty in accordance with the Citv's
infrastructure Master Plan and all city policies and 2uidelines that may he in
effect at the time of development.
8. The Annexation Aereement shall contain a section that the Landowner
acknowledees and allrees that that future development will comolv with the
eoals and policies of the Bozeman 2020 Communitv Plan. and havin2
rec02nized the eity'S concern for implementation of proe:ressive urban
deshzn euidelines outlined In the Bozeman 2020 Community Plan for both
community and neiehborhood desi2n. a Master Plan of the land use patterns
and types for development of the property that addresses compatibility with.
and sensitive to. the immediate environment of the site and the adjacent
neiR:hborhoods relatiye to architectural desien. buildin2 mass and heililit.
nehzhborhood identity.landscapin2. historical character. orientation of
huildines. and visual inte2ration shall he provided.
9. An Annexation Map. titled "Genesis Business Park Annexation Map" with a
leeal descriotion of the property and adjoinin2 rhzhts..of-way and/or street
access easements (i.e.. Griffin Drive and Manley Road) shall be submitted hy
the applicant for use with the Annexation Aereement. The mao must he
suoolied on a mvlar for City records (18" hv 24"). a reduced 81/2" x 11" or 8
1/2" by 14" exhibit for flUnR: with the Annexation A2reement at the County
Clerk & Recorder. and a di2ital COpy for the eitv EDldneer's Office. This
18
map must be acceptable to the Director of Public Services and eitv
Eneineer's Office. and shall he suhmitted with the si2ned Annexation
Al!reement.
10. That the aoolicant execute an Annexation Al!reement. which addresses all
contin2encies and terms olaced on the annexation aoolication by the eitv
Commission. shall he simed. notarized and returned to the City of Bozeman
Planninl! & Community Development Deoartment within sixty (60) davs of
distrihution of the annexation aRreement. unless another time oeriod is
specifically identified by the Citv Commission.
4: 19:43 [21 :41 :20] Motion to amend the previous motion.
It was moved bv er. Rupp to amend the previous motion to include the conditions
outlined in the Ainsworth letter of Novemher 2. 2006.
The motion to amend fails for the lack of a second.
4:20:04 [22:28: 13] Vote to approve the Genesis Business Park Annexation, #A-
06003.
It was moved bv Cr. Becker. seconded by Commissioner Kirchhoff. to approve the
request for annexation [Genesis Business Park Annexation. #A-06003 based on the
terms and contin2encles outlined in the staff repOrt and direct staff to oreoare an
annexation a2reement for siRnature hv the oarties.l See conditions above.
Those votinS! Aye beine Crs. Becker. Kirchhoff. Jacohson. Rupp and Mayor Krauss.
Those votine No beine none.
The motion carried.
4:20:17 [21:43:22] 11. Genesis Business Park Zone Map Amendment, #Z-06133-
PUBLIC HEARING
4:20:23 [21 :43:39] Staff Report
Senior Planner Dave Skelton presented the staff report.
4:22:06 [21 :44:35] Applicant
The applicant did not have a presentation.
4:22:14 [21:45:31] Public eomment
Mayor Krauss called for public comment.
No person commented.
4:22:27 [21:45:43] Motion and Vote to approve the Genesis Business Park Zone Map
Amendment, #Z-06133.
19
It was moved by er. Kirchhoff. seconded bv Cr. Jacobson. to approve the Genesis
Business Park Zone Map Amendment. #Z-06133 for an initial munitioal "BP"
zonine deshznation based on the recommendations outlined In the staff reoort and
Zonine Commission Resolution #Z~06133.
Staff Recommendations:
1. That the Ordinance of the Zone Mao Amendment shall not be adopted until
the Resolution of Annexation is siened bv the apollcant and formallv
aooroved hy the City Commission. If the annexation Is not aoproved. the
apollcatlon shall be null and void.
2. That the Ordinance for the Zone Map Amendment shall not be adopted until
the 2rowth pOlicy amendment to amend the Land Use Plan Element of the
Bozeman 2020 Communitv Plan from "Residential" to "Business Park" is
formally adooted hy the eity Commission.
3. That the aoplicant suhmit a zone amendment map. titled "Genesis Business
Park Zone Map Amendment". on a 24" by 36" mvlar. 8 1/2" hy 11" or 8 Y:z"
by 14" paper exhihit. and two (2) dl2ital cooles of the area to be zoned.
acceptahle to the Director of Puhllc Service. which will he utilized in the
preoaration of the Ordinance to officially amend the eity of Bozeman
Zc)nlne Map. Said map shall containfn2 a metes and bounds leeal
description of the perimeter of the suhiect oroperty. total acreaee of the
propertv and adiolnine rlehts-of-way and/or street access easements.
4. That the Ordinance for the Z()ne Mao Amendment shall not be drafted until
the aoplicant orovldes a metes and bounds leesl description and map of the
area to he rezoned. which will he utilized in the preoaration of the Ordinance
to officially amend the zone map.
Those votin2 Aye beine: Crs. Kirchhoff. Jacobson. Becker. Rupp and Mayor Krauss.
Those votin2 No heine none.
The motion carried.
4:22:56 [21 :45:52] Motion to suspend the Rules of Procedure In order to continue
the meeting.
It was moved hv Cr. Becker. seconded hy Jacobson. to continue to suspend the rules
to continue the meetine.
Those votlne Aye beine Crs. Becker. Jacobson and Ruop.
Those votine No beinl! Cr. Kirchhoff and Mavor Krauss.
The motion carried.
20
4:23:57 [21 :48:55] H. Non-Action Items
4:23:58 [21 :46:05]1. Lower Yards - removaVreplacement costs and location
suggestions (Arkell)
4:24:25 [21 :46:30] Staff Report
Debbie Arkell presented the staff report.
4:31:15 [21:57:02] 2. City Lands Inventory Report (Goehrung)
This report was delayed to the following week.
4:31 :22 [21 :58:52] I. FYIIDiscussion
4:31:24 [21 :58:11] 1. Draft letter from the Commission supporting Streamline hustle
back style husses.
4:36:16 [22:33:09] Mayor Krauss
Mayor Krauss received the support of at least two additional Commissioners to endorse
the letter from the Commission supporting Streamline bustle back style busses.
4:36:21 [22:04:17] 2. Willson/College Traffic Signal Installation
4:39:25 [22:07:17] Mayor Krauss
Mayor Krauss questioned whether or not there was majority agreement on proceeding
with the stoplight. He received the support of at least two additional Commissioners to
place the issue of the Willson/College Traffic Signal Installation on a future agenda.
4:48:39 [22:20:35] 3. Commission Policy Meeting Schedule
4:57:06 [22:25:04] J. Adjournment
Mayor Krauss adjourned the meeting at 10:57 PM.
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Brit Fontenor.,.-C-itfCler
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Approved on