HomeMy WebLinkAbout2006-11-20 Minutes, City Commission
LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
November 20, 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 20, 2006, at 6:00 p.m. Present were
Mayor Jeff Krauss, Cr. Steve Kirchhoff, Cr. Jeff Rupp, City Manager Chris Kukulski,
Assistant City Manager Ron Brey, Public Works Director Debbie Arkell, Planning
Director Andy Epple, Assistant City Attorney Tim Cooper, and City Clerk Brit Fontenot.
0: 12:26 [18:04:43] A. Call to Order - 6:00 p.m. - Community Room, Gallatin County
Courthouse, 311 West Main
Mayor Krauss called the meeting to order.
0: 12:29 [18:04:44] B. Pledge of Allegiance and Moment of Silence
0:13:15 [18:05:31] Changes to the Agenda
Mayor Krauss asked the City Manager about any changes to the agenda. Mr. Kukulski
noted that Action Items 5 and 6 may require clarification but that there are no additions or
deletions to the agenda.
0:13:40 [18:05:56] C. Public Service Announcement - Vietnam Veterans Memorial
Update (Dingman)
Ron Dingman, Parks, Recreation and Cemetery Superintendent, updated the Commission
on the efforts of a local group to bring the traveling Vietnam Veteran Memorial wall to a
permanent home in Bozeman.
0: 18:43 [18: 11: 10] D. Authorize the absence of Commissioner Becker
0:18:50 [18:11:22] Motion and Vote to authorize the absence of Commissioner
Becker.
It was moved bv Cr. Rupp, seconded by Cr. Klr~bhoff, to authorize the absence of
Commissioner Becker.
Those votinll AYe belnll Crs. Rupp. Kirchhoff. Jacobson and Mavor Krauss.
Those votiDIl No bein!! none.
Those absent beint! Cr. Becker.
The motion carried.
0:18:59 [18:11:46] E. Minutes - October 23, 2006
0:19:04 [18:11:46] Motion and Vote to approve the minutes of October 23, 2006 as
submitted.
It was moved bv Cr. Kirchhoff, seconded bv Cr. Jacobson, to approve the minutes
of October 23, 2006 as submitted.
Those votlnll Ave belnll Crs. Kirchhoff. Jacobson. Rupp and Mavor Krauss.
Those votlnll No belnll none
Those absent beinll Cr. Be<<;ker.
The motion carried.
0:19:15 [18:11:48] F. Consent
1. Authorize payment of claims (LaMeres)
2. Approve Cattail Lake Park Master Plan (Windemaker)
3.Authorize City Manager to sign Release and Reconveyance of Sanitary Sewer
Easement - Cascade Development (Stodola)
4.Adopt Resolution 3979, West Lincoln Street Annexation (Cooper)
5.Authorize the City Manager to sign the West Lincoln Street Annexation Agreement
(Cooper)
6Adopt Ordinance 1680, West Lincoln Street Zone Map Amendment (Cooper)
7.Authorize City Manager to sign West Lincoln Street Annexation Public Street and
Utility Easements, Snowload, LLC (Stodola)
8.Approve Fowler Place Subdivision final plat (Cooper)
9.Approve the montWy building report (Poulsen)
0:19:17 [21:27:53] Public Comment - Consent Agenda
Mayor Krauss called for public comment on consent items Fl - F9.
No person commented.
0:19:32 [18:12:10] Motion and Vote to approve Consent Items Fl- F9.
It was moved bv Cr. Jacobson, seconded bv Cr. Rupp, to approve Consent Items Fl
- F9.
Those votinll Aye belnll ers. Jacobson. Rupp. Kirchhoff and Mavor Krauss.
Those votlnll No belnll none.
Those absent beme: Cr. Becker
The motion carried.
0:19:43 [18:12:11] G. 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
opportunity in conjunction with each agenda item for comments pertaining to that item.
No person commented.
0:20:20 [18: 12:40] H. Action Items
0:20:23 [18:12:46] 1. Special Improvement Lighting District No. 696, Laurel Glen
Subdivision Phase II, Resolution 3977, continued from November 6, 2006
(Rosenberry)
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0:20:33 [18: 12:47] Staff Report
Finance Director Anna Rosenberry presented the staff report.
0:22:08 [21:27:29] Public Comment
Mayor Krauss called for public comment.
No person commented.
0:22:34 [21:29:02] Motion and Vote to adopt Commission Resolution No. 3977
creating Special Improvement Lighting District No. 696, Laurel Glen Subdivision
Phase II.
It was moved by Cr. Rupp. seconded bv Cr. Kirchhoff, to adopt Commission
Resolution No. 3977 creatinll Special Improvement Liehtlne: District No. 696. Laurel
Glen Subdivision Phase II.
Those votinll Aye belnll Crs. Rupp, Kirchhoff, Jacobson and Mayor Krauss.
Those votlne No beinl! none.
Those absent beinl! Cr. Becker.
The motion carried.
0:22:51 [18:14:35] 2. Lincoln Park Condos Site Plan, #Z-06193, continued from Nov.
6, 2006 (Epple for Kozub)
0:23:22 [18: 14:53] Staff Report
Planning Director Andy Epple presented the Staff report.
0:29:08 [18: 15:29] Applicant
Catherine Konen of Gaston Engineering appeared on behalf of the applicant.
0:29:24 [18: 15: 18] Public Comment
Mayor Krauss called for public comment.
0:29:38 [18: 15:37] Public Comment - .loanne Wake
Joanne Wilke resides at 1665 Alder Court and opposes the Lincoln Park Condominium
development as proposed.
0:33:23 [18: 17:48] Public Comment - Stacy Jackson
Stacy Jackson resides at 1523 Alder Court and is concerned about the character of the
neighborhood changing if the current proposal is approved.
0:34:40 [18: 19:59] Public Comment - .la, Rutherford
Jay Rutherford resides at 1721 West Kagy and appeared representing the Hawks Ridge
Homeowners Association which supports the development of the Lincoln Park Condos as
proposed and also speaking as MSU student and is concerned about he high cost of home
ownership.
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0:44:50 [18:30:06] Motion to approve application No. Z-06193, Lincoln Park Condos
Site Plan, with the REVISED site plan and with the revised conditions and code
provisions outlined In the staff memo.
It was moved by Cr. Klr~hhoff to approve [application No. Z-061931. Lincoln Park
Condos Site Plan. with the REVISED site plan and with the revised conditions and
code provisions outlined in the staff memo.
Conditions of Approval:
1. The Annexation and Zone Map Amendment must be finalized prior to
Final Site Plan
approval.
2. Stormwater detention facilities sball not have a slope steeper than 25
percent and shali not make UP more than one-third of the required front
yard.
3. ReRardlnR pedestrian circulation (Section 18.34.090.6):
a. The pedestrian connection shall be constructed of concrete
(minimum 6 feet In width) or asphalt (minimum of 10 feet in width).
subiect to review and approval by the Parks Department.
b. The trail must either; 1) connect to both Maple Lane and to Alder
Court or 2) connect directly to the sidewalk to be installed a10nll
Lincoln Road.
c. The applicants/owners shall work with the condominium
association to the south to coordinate the location (sDeciflcallv the
southern terminus) of the trail.
4. Reeardine: the relationship of site plan elements to conditions on and ofT
the property (Section 18.34.090):
a. The relocated bouse shall be on Its own lot and not be part of the
condominium assodation.
b. The north elevations of the units aloBR Lincoln Street shall include
additional architectural features (includiDl! front porches with
sidewalk connections to the sidewalk on Lincoln Road) to avoid
presentinl! a "back" side to the streetscaue.
c. The covenants shall specifv that no individual unit fences are
allowed.
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5. Rellardlnll the impact of the proiect on parklnll and tramc conditions
(Section 18.34.090.5):
a. Garal!e doors must be setback at least 20 feet from the public access
easement for Maple Lane and from the rieht-of-wav line for Alder
Court. Where drlvewavs alonll the interior private drive are less than
20 feet. no parkinll sillDalZe shall be installed and shown on the Final
Site Plan. No driveways will be permitted to be between 10 and 20 feet
in lenlltb to avoid parked cars blockinl! the pedestrian facilities and
the private drive aisle.
b. The covenants must also specifv these parkin!! restrictions and the
method of enforcement for parkin2 problems. Revised parkinll
calculatioru;: must be included with the Final Site Plan.
6. An 8 )nch sanitary sewer main shall be extended down Alder Court Lane
to the southern property line.
7. Provide a fire hydrant at the southwest corner of the Lincoln Street! Alder
Court Lane Intersection instead of the north side of Lincoln Street. Provide a
City standard blow-off at the dead end of tbe Lincoln Street water main,
8. The 6" water main In Alder Court Lane does not meet Cltv standard. The
water main shall be 8" and extend to the southern property line. The water
main extension Is In excess of 500 ft and shall be looped.
9. Anv unused water services to the property shall be properly abandoned at
the main.
10. The private drive Into the property shall connect to Maple Lane with a
City standard approach not with curb radII as shown on the site plan. Both
sides of the private drive shall have the curb painted red with white lettertnll
that Is at least 3" in helot and slllILS everY 3S feet that state "FIRE
LANFJTOW A WAY ZONE". The cul-de-sac shall meet Fire Department
code reaulrements.
11. The minimum width of Maple Lane. from Lincoln Street to the southern
property line shall be 29 feet back of curb to back of curb. Curb and IlUtter.
shall be provided on both sides of the street. Sidewalk shall be provided on
the east side of the street. Also. the curb on the east side of the street shall be
painted red with white letterlnll that Is at least 3" In helllbt and SIIlDS
provided every 35 feet that state "FIRE LANElTOW A WAY ZONE". This is
to allow parklnll on the west side of the street and provide a 20 foot minimum
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width for emere;encv vehicles.
12. Either a Citv standard sidewalk or extension of the line~U" park trail shall
be provided on Lincoln Street.
13. Cltv standard curb and Rutter. boulevard. and sidewalk shall be provided
on the west side of Alder Court Lane from Lincoln St to the southern
prooertv line.
14. Plans and Specifications for water and sewer main extensions. and streets
and storm drainaee facilities. prepared and slllDed by a Professional
Enrzineer (PE) reeistered in the State of Montana shall be provided to and
approved bv the City Eneineer. Water and sewer plans shall also be
approved by the Montana Department of Environmental Quality. The
appUcant shall also provide Professional Enlllneerin2 services for
Construction Inspection. Post-Constru<<.:tion Certlflcatlon. and preparation of
mvlar Record Drawines. Construction shall not be Initiated on the public
infrastructure improvements until the phtns and specifications have been
approved and a preconstruction conference has been tonducted. No buildine
permits shall be issued prior to Citv acceptance of the required
infrastructure improvements.
15. A Public Access Easement shall be provided for the private drive within
the property prior to FSP approval.
16. PrIor to Issuance of buUdlnll permits for any new buildinlls in the
development and upon availablUty of service. any existine residence/buslness
on the prooertv must be <<.:onne<<.:ted to City water and sewer utUities. The
exlstloll on-site treatment svstems must be properly abandoned and
certification provided the abandonment occurred. Anv weDs presentlv used
for domestic purpose can be retained for irrillation onlv with no physical
connec;tion to domestic water plplnll.
UDO Code Provisions:
a) Section 18.16.040 requires 5.000 square feet per sinllle household
resIdence. Section 18.80.1980 deOnes net residential deositv as the number of
residences per buildable unit of land whl~b would exclude the easement for
Maple Lane. any easements for Lincoln A venue. and the ..eQulr~ parkland
equivalent of 0.03 acres per dwellinll unit (for the new units onlv). Exact
densltv calculations must be submitted with the Final Site Plan.
b) A subdivision exemption to 81lllrellate and relocate lot lines must be
approved prior to Final Site Plan approval in order to meet to meet Section
18.10.040 of the Unified Development Ordinance.
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c) Section 18.34.130 requires the applicant to submit seven (7) sets (bound
tm!ether) of a Final Site Plan within six (6) months of preliminary approval
containinll all of the conditions. corrections and modifications to be reviewed
and approved bv the Planninl! Office.
d) Section 18.34.140 states that a Bulldlnll Permit must be obtained prior to
the work. and must be obtained within one vear of Final Site Plan approval.
Bulldlnll Permits will not be Issued until the Final Site Plan is approved.
e) Section 18.38.0S0.F requires all mechanical equipment to be screened.
Rooftop equipment should be incorporated Into the roof form and eround or
wall.mounted equipment shall be screened with walls. fencinl!. or dense
everllreen plant materials. The location of all mechanical eauipment and the
method of screeninl! shall be shown on the Final Site Plan.
f) Sections 18.42.150 requIres a liehtlnll plan for all on-site lillhtinll includlnll
wall-mounted IIllhts on the buildinll must be included In the Final Site Plan
submittal. All lllihts must be rull cutoff. Lillhtina cut-sheets shall be provided
with the final Site Plan.
Il) All street and driveway vision triaDldes must be shown on the Final Site
Plan in accordance with Section 18.44.100. On-street parklnll does not count
within a street vision trianl!le.
h) S<<tlon 18.46.020 specines the required leneth and width of parkinll
sppc;es.
i) Section 18.46.040.E states that all developments shall provide adequate
bicycle parklnll facilities to accommodate residents and llUests. The location
and details for the bike rack shali be provided in the Final Site Plan.
j) The Final Site Submittal must Indicate how the required 23 landscape
points are beine met in accordance with Chapter 18.48 without double
countlnll. Note that anv droullht tolerant species prOpOsed for pOints must be
specificallI denoted In the Landscaoe Schedule. The ftnallandscape plan
must be siDed and certlfled bv a landscape professional as outlined In
Section 18.78.100.
k) S<<tlon 18.48.050.E reaulres one larlle canopv tree for each SO feet of total
street frontalle (lncludjnll Lincoln Road and Alder Court). Street tree
permits must be obtained from the Forestry Division prior to Installation.
n Section 18.50.1l0.F requires a 25-(oot wide pubUc access easement for the
entire lenllth of the north-south trall. which should be centered on the
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easement.
m) Per Chapter 18.52. all sienalle. indudlnll any project identification
sienaee. shall require a sien permit subject to review and approval bv the
Department of PIQnnine & Community Development. Onlv one free-standinR:
shm is permitted per lot.
n) The Final Site Plan shali be adequately dimensioned. A complete lellend of
all line tvpes used shall also be provided.
0) A Storm Water Drainallelfreatment Gradine Plan and Maintenance Plan
for a svstem desillned to remove solids. silt. oils. erease. and other pollutants
must be provided to and approved by the Citv Enllineer. The plan must
demonstrate adequate site drainalle (lncludlnll sufficient SpOt elevations).
flow direction arrows. storm water detention/retention basin details
(includinll basin sizinll and discharlle calculations. and dls~harR:e structure
details). storm water discharee destination. and a storm water maintenance
plan.
p) Sewer and water servl<<.:es shall be shown on the FSP and approved by the
WaterlSewer Superintendent. Cltv of Bozeman applications for servl~e shall
be completed bv the applicant.
0) Trees shall not be located within ten (10) feet of water and sewer service
lines.
r) '{he location of existine water and sewer mains shall be properly de~cted.
as well as nearbv fire hydrants. PropOsed main extensions shall be labeled
"propOsed".
s) The drive approach shall be ~onstructed In accordance with the Citv's
standard approa~b O.e.. <<.:oncrete aDron. sidewalk section and drop-curb) and
shown as such on the FSP. A City Curb Cut and Sidewalk Permit shall be
obtained prior to FSP approval.
t) City standard sidewalk shall be Installed and Drooerlv depicted at the
standard location (i.e.. 1 foot off prooertv line) a10nll the street(s) frontalle.
Any deviation to the standard alhmment or location must be approved bv the
Citv Engineer.
u) All enstinll utlUty and other eMements must be shown on the FSP.
v) Adequate snow storaee area must be deslllDated outside the s.2ht trianllles.
but on the subject propertv (unless a snow storae:e easement is obtained for a
location off the property and flied wIth the Countv Clerk and Recorder's
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office ).
w) Drive approach and public street intersection slllht trhmrzles shall be free
of plantin2s which at mature Ilrowth will obscure vision within the sillht
trianele.
x) The Montana Department of Fish. Wildlife & Parks. SCS. Montana
Department of Environmental Oualitv and Armv Corps of EOlllneer's shall
be contacted reeardlnll the propOsed proiect and anv required permits (i.e..
310.404. Turbidity exemption. etc.) shall be obtained prior to FSP approval.
y) If construction activities related to the project result in the disturbance of
more than 1 acre of naturallZround. an eroslon/sedhnent control plan may be
required. The Montana Department of Environmental Oualitv mav need to
be contacted by the Applicant to determine if a Stormwater Discharrze
Permit Is necessary. If a uermlt is required bv the State. the Developer shall
demonstrate to the City full permit compliance.
z) The applicant shall submit a construction route maD dlc;ta.Unll how
materials and heavy eQuioment will travel to and from the site in ac<<.:ordanc;e
with section 18.74.020.A.l oftbe UnWed Development Ordinance. This shall
be submitted as part of the Oual site plan for site developments. or with the
infrastructure plans for subdivisions. It shall be the resoonsibilitv of the
applicant to ensure that the construction tratllc follows the approved routes.
aa) All construction ac;tlvlties shall complv with section 18.74.020.A.2. of the
Unified Development Ordinance. This shall include routine
deanine/sweepinll of material that is draeeed to adjacent streets. The City
may require a llUarantee as allowed for under this
section at anv time duriDlif the construction to ensure anv damaees or
cleaninll that are required are <<.:omDlete. The developer shall be reSpOnsible
to reimburse the City for all costs associated with the work If It becomes
necessary for the City to correct any problems that are identifted.
0:46:02 [18:30:20] Sec;ond. by Mayor Krauss, to Cr. Klrchhorrs motion to approve
application No. Z-06193, Lincoln Park Condos Site Plan, with the REVISED site
plan and with the revised conditions and code provisions outlined In the staff memo
(see conditions above).
Mayor Krauss handed the gavel to Commissioner Jacobson In order to second
Commissioner Kirchhoff's motion to approve application No. Z-06193, Lincoln
Park Condos Site Plan, with the REVISED site plan and with the revised conditions
and code provisions outlined in the staff memo (see conditions above).
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0:55:00 [18:37:52] Vote to approve application No. Z-06193, Lincoln Park Condos
Site Plan, with the REVISED site plan and with the revised conditions and code
provisions outlined In the staff memo.
fit was moved bv Cr. Kirchhoff. seconded by Mavor Krauss. to aoprove application
No. Z-06193. Lincoln Park Condos Site Plan. with the REVISED site plan and with
the revised conditions and code provisions outlined in the stat:f memo (see conditions
above ).1
Those votinaz Ave belnll Cr. Kirchhoff and Mavor Krauss.
Those votine: No beinll Crs. Jacobson and Rupp.
Those Absent beinll Cr. Becker.
The vote ties and will be broken by the vote of Commissioner Becker on November
27. 2006 based on a review of the meetlnll minutes of November 20. 2006.
0:56:18 [18:37:55] 3. LandOll Convenience Center Conditional Use Permit, #Z-06245
(Knight) - PUBLIC HEARING, open and continue to November 27,2006
0:56:22 [18:39:05] Staff report
Mr. Kukulski presented the staff report.
0:57:50 [18:39:36] Public Comment
Mayor Krauss called for public comment.
No person commented.
1:00:13 [18:39:41] Motion and Vote to continue the Landfill Convenience Center
Conditional Use Permit, #Z-06245 to November 27, 2006.
It was moved bv Cr. Jacobson. seconded bv Cr. RUOD, to continue to Nov. 27 the
LandfUl Convenience Center Conditional Use Permit. #Z-06245.
Those votinll Aye belnll Crs. Jacobson. Rupp. Kirchhoff and Mavor Krauss.
Those votin2 No beinll none.
Those absent beinll Cr. Becker.
The motion carried.
1:00:33 [18:43:11] 4. Peet's Hill Parking Lot Certificate of Appropriateness, #Z~
04112-A - PUBLIC HEARING (Epple for Kozub)
1 :00:44 [18:43:26] Staff report
Director of Planning and Community Development Andy Epple presented the staff
report.
1:05:51 [18:44:21] Public Comment
Mayor Krauss called for public comment.
1 :06:02 [18:46:25] Public Comment - Garv Gullickson
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Gary Gullickson resides at 404 South Church and also representing 336 South Church.
He spoke about the proposed parking lot at Peet's Hill, alley access and lack of input from
the neighborhood in the process.
1: 10:24 [18:47:55] Public Comment - Steve Edwards
Steve Edwards owns the property adjacent to the proposed parking lot. He is concerned
that the proposed landscaping would obscure his solar array. He would also like to
maintain his current parking space.
1:11:52 [18:48:12] Public Comment - Hillan (no last name eiven)
Hillary (no last name given) resides on East Story Street. She sought more information
about the project and questioned the proposed number spaces and how that might effect
traffic or speed limits.
1:13:29 [18:49:33] Public Comment - Gan Vodehn(ll
Gary V odehnal resides at 614 South 7th A venue and works for Gallatin Valley Land
Trust. he supports the parking lot proposal and stated that GVL T was completely open
with the neighborhood. He also noted that the landscaping decisions are important.
1: 15:34 [18:49:36] Public Comment - Jeff Ball
Jeff Ball resides at 323 South Wallace. He commented that the number of parking
spaces is adequate and noted that there was a public hearing on the corridor, including the
parking area, in August, 2006. He expressed concern about lighting and encourages the
City to have lights on seasonable adjusted timers. He suggested making modifications in
respect of tree planting near the solar panels.
1:18:47 [18:50:58] Public Comment - Brian GalUk
Brian Gallik, 35 North Orand, appeared on behalf of Jeff and Catherine Ball. He
requested that the Commission adopt the parking lot proposal and allow residents to
access their lots through the existing alley.
1:23:04 [18:51:04] Public Comment - Sara FolRer
Sara Folger, City Grants Administrator and CTEP Coordinator for the City of Bozeman,
introduced Eric Hichus of Project Director for cr A Landworks Design Group for the
larger Milwaukee Trail project.
1 :24: 19 [18:51 :25] Public Comment - Katherine Ball
Katherine Ball resides at 323 South Wallace and is excited about the project and would
like to see it finished. The project is important for the safety of the community and it is a
good connection to the City center.
1:26:12 [18:53:55] Public Comment- Sahli Huber-MCRee
Salal Huber-Mcgee resides at 332 South Church and has concerns about the parking at
Peet's Hill or the lack thereof. She noted that currently, the parking is not "super
organized" .
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1:28:55 [18:54:01] Applicant/CTA
Eric Hichus of Project Director for CT A Landworks Design Group for the larger
Milwaukee Trail project appeared as a consultant to the City. He is a landscape architect
who resides in billings and spoke on behalf of CT A and the City.
1:57:25 [19:38:25] Motion to approve application no. Z-04112-A, Peet's Hill Parking
Lot Sketch Plan and Certificate of Appropriateness.
It was moved bv Cr. Rupp. secon<led by Cr. Kirchhoff. to approve application no.
Z-04112-A. Peet's Hill Parkinll Lot Sketch flan and Certificate of Appropriateness
with the understandine: that the bufJerinll on the northern edlle is redone to remove
those tall trees. that the Ihzhtine: in the parkinlllot. If Qllowable under standards and
approved bv the Police Department. be as close to the LEEDS standards and that
the allev Is connected as shown on the plat.
Conditions of Approval:
1. Prior to demolition. the Citv shall provide written and photollraphic
documentation rellardine: the wooden storalle buildlnllS.
2. The Citv shall install an interpretive silln exulalnmll the history of the site.
specifically the use of the Coal Bins.
3. Velletative screenine must be planted alonll the west pOrtion of the parklnll
lot.
4. Anv future buUdlmls (lncludinll the comfort station) shall require
additional
Certlflcate of Appropriateness (CQA) review.
5. This project shall be constructed as approved and conditioned In the
Certificate of Appropriateness with deviations application. Any
modifications to the submitted and approved drawino sballlnvalldate the
proiect's approval unless the applicant submits the prooosed modiftcattons
for review and approval bv the Department of Plannlnll prior to undertaktml
said modifications. as required bv Section 18.64.110 of the Bozeman Unifted
Develooment Ordinance.
6. The Final Site Plan shall be adequately dimensioned.
7. A Storm Water DrainallelI'reatment Gradinll Plan and Maintenance Plan
fur..!
svstem deshmed to remove $ODds. slit. oils. Ilrease. and other pollutants must
be
provided to and approved by the eity Enllineer. The plan must demonstrate
adequate site drainalle (includine sufftcient sPOt elevations). storm water
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detention/retention basin details (includinl! basin sizinll and discharlle
calculations. and dlschan:e structure details). storm water dlscharl!e
destination. and a storm water maintenance plan.
8. A storm water easement must be established on the adjacent propertv and
filed with the County Clerk and Recorder's Otnce for the retention pond and
discharl!e course lflocated otTthe subject property.
9. The drive approach shall be constructed in accordance with the City'S
standard approach (I.e.. concrete apron. sidewalk section and drop-curb) and
shown as such on the Final Site Plan. A Cltv Curb Cut and Sidewalk Permit
shall be obtained prior to Final Site Plan approval.
10. Citv standard sidewalk shall be Installed and properly depicted at the
standard Ioc;:ation (i.e.. 1 foot oft prooertv line) alonl! the street(s) frontalle.
Any deviation to the standard alimment or location must be approved bv the
City Eneineer.
11. Typical curb details (i.e.. raised and/or drop curbs) and tvplcal asphalt
pavinll sec;:tlon detail shall be provided to and approved by the City Enllineer.
Concrete curblnll shall be provided around the entire new parklnlllot
perimeter and adeQuately Identified on the Final Site Plan.
12. Flood plain;
a. A Flood Plain Development Permit must be obtained from the City
Emrlneer prior to Final Site Plan approvallf any work Is to occur
within the delineated 100 vear flood plain.
b. The 100 year flood plain boundarY and flood elevations must be
depicted on the Final Site Plan.
c. Culvert shine deshm calculations shall be provided for the stream
crosslne.
d. All bulldlnlls must be floodwproofed to at least 2' above the 100 vear
flood elevation. Elevation Certificates must be provided for each
bulldinll followinll completions of construction.
13. The Montana Flsh. Wildlife & Parks. Soil Conservatlon Services (SCS).
Montana Department of Environmental Quality and Armv Corps of
Enllineer's shall be contacted rellardinll the proPOSed project and anv
reaulred permits (i.e.. 310. 404. Turbidltv exemption. etc.) shall be obtained
prior to Final Site Plan aDProval.
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14. All existiDll utilitv and other easements must be shown on the Final Site
Plan.
15. Adequate snow storalle area must be desillnated outside the sillht
trianeles. but on the subject property (unless a snow storalle easement Is
obtained for ~ location off the propertv and filed with the County Clerk and
RC(order's oMce).
16. Drive approach and public street Intersection sillht trianeles shaD be free
of plantines which at mature erowth will obscure vision within the sillht
trianllle.
17. If construction activities related to the project result in the disturbance of
more thQt 1 acre of n~turalllround. an erosion/sediment control plan mav be
required. The Montana Department of Environmental QuaUtv. Water
Quality Bureau (WQB). shall be contacted bv the Applicant to determine if a
Storm Water Discharee Permit is necessarY. If required bv the WQR. an
erosion/sediment control plan shall be prepQred for disturbed areas of 1 acre
or less If the pOint of dlscharlle is less than 100' from State Waters.
18. The cul-de-sac as shown Is the absolute minimum required radius to
~<<.:commodate a passenller car turnlnll movement. This shaJl be increased in
size minimum of 10' to provide for an easier movement. and must be slllDed
no parklnll and the curbs painted yellow.
19. If crosswalks are proposed ~t the two crosslnlls shown on Church. thev
must be sillDed to meet the requirements of the Manuel of Uniform Trame
Control Devices (MUTCD).
20. The remediation protect must be completed and accepted bv the
Department of Environmental Quality (DEO) prior to Initiation of anv
construction activities on the sUe.
21. Sewer and water services shall be shown on the Final Site Plan and
approved bv the WaterlSewer Superintendent. City of Bozeman applications
for service shall be completed bv the applicant.
Code Provislo~;
1. Per Section 18.42.150. "Lllhtlnll." aU new liehtlne: must conform to code
requirements.
Z. Per Se~tlon 18.46.020.F. "Surfacine." all areas Intended to be utilized for
permanent parkinS! spaces and drlvewavs shaU be paved with concrete or
asphaltic concrete. or approved pavers. to control dust and drainale.
14
3. Per Section 18.48.050.E. "Street Frontaee Landscaplnll Required." aU
street rlehts-of-wav within the proposed development site not used for street
pavement. turbs. eutters. sidewalks or drivewavs shall he landscaped. and
shall Include one larae canopy tree for each 50 feet of total street frontal!e.
2:00:24 [19:39:36].Y2k on motion to approve application no. Z-04112-A, Peet's Hill
Parking Lot Sketch Plan and Certificate of Appropriateness.
fit was moved bv Cr. Rupp. seconded bv Cr. Kirchhoff. to approve application no.
Z-04112-A. Peet's Hill Parkin!! Lot Sketch Plan and Certificate of Appropriateness
with the understandinll that the bufferine: on the northern wile Is redone to remove
those tall trees. that the lIabtlnll in the parkinlllot. If allowable under standards and
approved by the Police Department. be as close to the LEEDS standards and that
the allev is connected as shown on the plat (see conditions above).l
Those votinll Aye belnll Crs. Rupp. Kirchhoff and Jacobson.
Those votlnll No beinll Mayor Krauss.
Those absent beinll Cr. Becker.
The motion carried.
2:00:49 [19:42: 17] Break
Mayor Krauss called for a 15 minute break.
2: 18:27 [19:43:20] Call to order
Mayor Krauss called the meting to order.
2:18:39 [19:45:08] 5. Baxter Apartments, Minor Subdivision Preliminary Plat, #P-
06055 (Sanford) - PUBLIC HEARING
2:18:44 [19:47:51] Staff Report
Planning Director Andy Epple presented the staff report.
2:21:36 [19:49:01] Applicant
The applicant, Dab Dabney, resides at 522 South 6th Street appeared on his own behalf.
2:25:26 [19:49:35] Public Comment
Mayor Krauss called for public comment.
No person commented.
2:26:08 [19:50:06] Motion to approve the variance allowing the final plat for Phase I
to he flied without constructing or financially guaranteeing improvements to North
25th A venue between Baxter Lane and Trade Wind Lane.
It was moved by Cr. Kirchhoff. seconded bv Cr. Jacobson. to approve the variance
allowlna the final plat for ~ase I to be filed without constructlnll or financially
llUaraQteelnl! improvements to North 25th A venue between Baxter Lane and Trade
Wind Lane as roouested.
15
2:27:18 [19:51:33] Vote on motion to approve the variance allowing the final plat for
Phase I to be flied without constructing or financially guaranteeing improvements to
North 25th A venue between Baxter Lane and Trade Wind Lane.
fIt was moved bv Cr. Kirchhoff. seconded by Cr. Jacobson. to approve the variance
allowin2 the final plat for Phase I to be flied without constructinll or financially
2Uaranteelne: Improvements to North 25th A venue between Baxter Lane and Trade
Wind Lane as reQuested.l
Those votine: Ave beinl! Cr. Kirchhoff. Jacobson. Rupp and Mavor Krauss.
Those votine: No helml none.
Those absent beine: Cr. Becker.
The motion carried.
2:27:25 [19:51:45] Motion and Vote to conditionally approve application no. P-
06055, Baxter Apartments Minor Subdivision Preliminary Plat, based on the
Planning Board's recommendations with conditions listed on Page 2 of Planning
Board Resolution #P-06055.
It was moved bv Cr. Jacobson. seconded by Cr. Rupp. to condltionallv approve
application no. P-06055. Baxter Apartments Minor Subdivision Preliminary Plat.
based on the Plannlnll Board's recommendations with <<,:onditlons listed on Pal!e 2 of
Plannlnll Board Resolution #P-06055.
Conditions of Approval:
1. The final olat shall comolY with the standards identified and referenced in
the Unified DevelODment Ordinance. The applicant Is advised that unmet
code provisions. or code orovisions that are not specifically listed as
conditions of aporoval. does not. In anv wav. create a waiver or other
relaxation of the lawful requirements of the Bozeman Municipal Code or
state law.
2. The followlnll note shall be included on the Dna) plat: "Due to hip I!round
water conditions full or partial basements are not recommended. Depth of
crawl space foundations must be minimized to the extent possible to limit
water-related problems. BulldlnllS proposed for basements shaUlnclude
Enlllneer CertlOcation rellardlnll depth of Jl'ound water and soU conditions
and proposed mitlllation methods to be submitted with each BuUdlDll Permit.
3. The remainder affidavit must be finalized. slmed-. notarized and filed with
the final plat for Phase I.
4. The installation of a trail within the watercourse and trail easement shaU
be completed with Phase II. The applicant shall meet with the Subdivision
Review Committee of the Recreation and Parks Advisorv Board and the Citx
16
Parks Department to determine the appropriate type. width. construction
specifications and location for the trail. The trail must be installed or
financiallv euaranteed prior to final plat approval for Phase II.
5. Unless the applicant can show that usable water rlllhts or an appropriate
fee in lieu thereof was provided when the subject prooertv was annexed.
water rlllhts or an appropriate fee In lJeu shall be provided with final plat
approval. final site plan approval or the issuance of anv buildimz permits.
whichever occurs first.
6. North 25th A venue shall be constructed from Baxter Lane to Trade Wind
Lane to a full cltv standard with Phase I unless the variance Is Ilranted by the
<;itv Commission. If the variance is Ilranted. that portion of 25th shall be
constructed with Phase II alonll with the other required Phase II
Infrastructure improvements.
7. Water and sewer main extensions wUl be required to provide service to the
lots of Phases 2 throullh S.
Those votine Ave belnll Crs. Jacobson. Rupp. Kirchhoff and Mayor Krauss.
Those votinll No belne none.
Those absent belm! Cr. Becker.
The motion carried.
2:28:28 [19:52:48] 6. Tract 4A of Minor Subdivision 162C Minor Subdivision
Preliminary Plat, # P-060S6 (Sanford) - PUBLIC HEARING
2:28:36 [19:55: 12] Staff Report
Planning Director Andy Epple presented the staff report.
2:31:45 [19:55:24] Applicant
The applicant, Dab Dabney resides at 522 South 6th Street, appeared on his behalf.
2:35:01 [20: 13: 18] Patty Kent, Director of Housing and Development, Western Montana
Mental Health Center
Ms. Kent provided a history of the Western Montana Mental Health Center project in
Bozeman.
2:39:24 [20: 13:25] Public Comment
Mayor Krauss called for public comment.
2:39:33 [20: 13:35] Public Comment - Dorothv Eck
Dorothy Eck resides at lOWest Garfield Street and supports the approval of the
application.
2:41:31 [20:16:15] Public Comment- Tracy VelaZQuez
17
Tracy Velazquez resides at 503 West Olive Street and supports the proposed
development and the variance, and urged Commission support for the project.
2:44:22 [20: 16:32] Public Comment ~ John Vincent
John Vincent, Gallatin County Commissioner, supports the proposal and urged City
Commission support for the proposal.
2:48: 14 [20:20:24] Public Comment - Chris Bude$ki
Chris Budeski resides at 315 Sheridan and supports the project with the variance and
urged Commission support for the project.
2:52:47 [20:23:46] Motion to approve the requested variance from Section
18.44.060.D which specifies level of service standards for street intersections, to
allow the development of the subject subdivision without level of service mitigation
measures at the intersection of Haggerty Lane and East Main Street.
It was moved by Cr. Kirchhoff. seconded bv Cr. Jacobson. to approve the requested
variance from Section 18.44.060.D which specifies level of service standards for
street Intersections. to allow the develQoment of the subject subdivision without level
of service mltlllatlon measures pt the intersection of Hallllertv Lane and East Main
Street.
2:57:45 [20:39:53] Vote on motion to approve the requested variance from Section
18.44.060.D which specifies level of service standards for street intersections, to
allow the development of the subject subdivision without level of service mitigation
measures at the intersection of Haggerty Lane and East Main Street.
fIt was moved by Cr. Kirchhoff. seconded bv Cr. Jacobson. to approve the
requested variance from Section 18.44.060.D which specifies level of service
standards for street intersections. to allow the development of the subject
subdivision without level of service mltlllatlon measures at the intersection of
Ha21!ertv Lane and East Main Street.l
Those votlnll Aye beloll Crs. Kirchhoff. Jacobson. Rupp and Mavor Krauss.
Those votlnll No belnll none.
Those absent beinll Cr . Becker.
The motion carried.
2:58:12 [20:43:41] Motion to conditionally approve Tract 4A of Minor Subdivision
162C Minor Subdivision Preliminary Plat, # P-06056.
It was moved bv Cr. Jacobson. seconded bv Cr. RUDP. to conditionally approve
Tract 4A of Minor Subdivision 162C Minor Subdivision Preliminarv Plat. # p-
06056.
Conditions of approval:
18
1. The final plat shall complv with the standards identified and referenced in
the Unified Development Ordinance. The applicant is advised that unmet
code provisions. or code provisions that are not specifically listed as
conditions of approval. does not. in any way. create a waiver or other
rehu::ation of the lawful reQuirements of the Bozeman Municipal Code or
state law.
2. The subdivision shall be consistent with the approved Bozeman Dea<<,:oness
Health Services Sub-area plan.
3. UpOn further development of propOsed Lots 4A-2 and 4A3. pedestrian and
bicvcle access should be provided throullh the subject propertv to provide
connectivity from Hallllerty Lane to the future farmstead and park facilities
included In the adopted Bo~eman DeacQness Health Servi<<,:es Sub-area plan.
4. Unless the applicant can show that usable water riehts or an appropriate
fee In lieu thereof was provided when the subiect prooertv was annexed.
water rlehts or an appropriate fee in lieu shall be provided with final plat
approval. final site plan approval or the issuance of any buildinll permits.
whichever occurs first.
S. The southwestern half of Ha2e:ertv Lane will need to be constructed to a 2-
Lane minor arterial standard as shown In the Greater Bozeman Area
TranspOrtation Plan. 2001 Update alooll the entire frontalle of the
subdivision. This shall Include laDers meetlnll AASHTO standards to
transition back to the e:xistin2 roadwav.
6. The water main in Hallllertv shall be 10" diameter in accordance with the
City's Water Facilitv Plan. and shall be extended alonll the entire frontalle of
the subdivision.
7. A sewer main (8") will need to be extended alonll the entire frontalle of the
subdivision.
8. Utility occupaocv permits shall be obtained from MDT for the water and
sewer Infrastructure within the state riot of wav.
9. Approval shall be obtained from the Montana Department of
TranspOrtation of the trafDc Impact study and for aU Improvements alonll
Ilallllertv Lane.
10. All improvements necessary to provide adeQuate level of service at the
intersection of Hallllertv and Main must be Installed or financtally
llUaraoteed prior to fllinll of the plat unless a variance Is eranted bv the Cltv
Commission. No bulldlnll permits will be Issued until all Improvements are
installed and accepted unless the variance Is Ilf8nted. Approval must be
19
obtained from the Montana Department of Transoonation for all
improvements to Hallllerty and Main.
11. Culverts shall be sized in accordance with Section V.C.7 & 8 of the COB
desilln standards. The preUminarv calculations submitted did not account for
the reQuired overflow capacitv.
12. Prior to final plat approval. the information reQuired by Section
18.44.090.H of the UDO shall be provided for review of the deviations
required to allow for the accesses onto Hallllerty as shown on the Conceptual
Connectivity Plan (2). A one foot no at<<.:ess striP shall be provided alonll the
entire frontalle of Hallllerty ex<<.:ept in locations where a deviation Is Ilranted
to allow for an access.
13. Public Street and utilitv easements shall be provided on the final plat for
the streets shown on the Conceptual Connectlvitv Plan (2).
14. The street from Hallllertv Lane to the southern property line shall be
fuliv constructed to the property Une unless a variance Is obtained to allow it
to stop short. A temporarY turnaround shall be installed at the end of the
street wlthln an easement on the adjoininll property or. if an easement
cannot be obtained. on the subject property in a conflllUration approved bv
dtv emrlneerine.
2:59:04 [20:45:54] Re-statement of motion to conditionally approve Tract 4A of
Minor Subdivision 162C Minor Subdivision Preliminary Plat, # P-06056.
It was moved by Cr. Jacobson. seconded bv Cr. Rupp to conditionallv approve
aPDUcation no. P-06056. Tract 4A of MInor Subdivision 162C Minor Subdivision
Preliminary Plat. based on the PJanmnll Board's recommendation with conditions
listed on Pages 2-3 of Plannlnll Board Resolution #P-06056 (see conditions above).
3:00:44 [20:46: 15] ~ on motion to conditionally approve application no. P-060S6,
Tract 4A of Minor Subdivision 162C Minor Subdivision Preliminary Plat, based on
the Planning Board's recommendation with conditions listed on Pages 2-3 of
Planning Board Resolution #P-060S6 (see conditions above).
flt was moved bv Cr. Jacobson. seconded by Cr. Rupp. to approve condltlonallv
approve Tract 4A of Minor Subdivision 162C MInor Subdh1slon PreUmlnary Plat.
# P-06056 (see conditions above).l
Those votinll ^ ye belne Crs. Jacobson. Rupp. Kirchhoff and Mayor Krauss.
Those votlDIl No beinll none.
Those absent beinll Cr. Becker.
The motion carried.
20
3:03:48 [20:46:50] 7. Establish purpose, scope and schedule of bi-monthly City
Commission policy meetings - PUBLIC HEARING
3:05:04 [20:47: 11] Public Comment
Mayor Krauss called for public comment.
No person commented.
3:29:41 [20:51:58] Motion and Vote to amend Commission Rules of Procedure
defining the purpose, scope and schedule of bi-monthly City Commission policy
meetings.
It was moved bv Cr. Rupp. seconded bv Cr. Kirchhoff. to amend Commission Rules
of Procedure deflninll the purpose. scope and schedule of bl-monthly City
Commission pollcv meetlnes.
Those votinll Aye belnll Cr. Rupp. Kirchhoff. Jacobson Qnd Mavor Krauss.
Those votlnll NQ beine: none.
Those absent beine Cr. Becker.
The motion carried.
3:31:24 [20:52:51] I. FYIIDiscusslon
3:31:31 [20:53:40] FYI - Commissioner Rupp
Commissioner Rupp requested more information on the street lights on South 19th
A venue.
3:35:24 [20:55: 17] FYI - Mr. Kukulski
Meeting scheduled for Dec. 6 with Downtown Pastoral Association for discussion of a
permanent home for the 10 Commandments.
3:53:11 [21:03:30] J. Adjournment
Mayor Krauss Adjourned the meeting at 9:50 PM.
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