HomeMy WebLinkAbout2006-12-11 Minutes, City Commission
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LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
December 11, 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, December 11,2006, at 6:00 p.m. Present were
Mayor Jeff Krauss, Cr. Steve Kirchhoff, Cr. Sean Becker, Cr. Kaaren Jacobson, Cr. Jeff
Rupp, City Manager Chris Kukulski, Finance Director Anna Rosenberry, Public Works
Director Debbie Arkell, Planning Director Andy Epple, City Attorney Paul Luwe, and
City Clerk Brit Fontenot.
0: 18:32 [18:03: 11] A. Call to Order - 6:00 PM - Community Room, Gallatin County
Courthouse, 311 West Main
0:18:35 [18:03:13] B. Pledge of Allegiance and Moment of Silence
0:19:18 [18:04:03] Changes to the agenda
Mayor Krauss asked about changes to the agenda. City Manager Chris Kukulski
mentioned that Item 13, Story Mill Center Request (Oulman) was informational only and
there would not be a presentation.
0:20:20 [10:58: 11] C. Public Service Announcement - City Garbage Collection Holiday
Schedule
Executive Assistant Karen Semerau presented the PSA - City Garbage collection holiday
schedule. City garbage collection crews will not be working on Monday, December 25th,
2006 and Monday, January 1st, 2007. Garbage collection will be a day late for the
remainder of both weeks. Monday's trash will be picked up on Tuesday; Tuesday's trash
will be picked up on Wednesday, etc. to make up for the holiday. Friday's commercial
trash collection will be picked up on Saturday.
0:21:39 [18:05:06] D. Minutes - November 20, December 4, 2006
0:21:47 [ 0:04:45] Motion and Vote to approve the minutes of November 20,
December 4, 2006.
It was moved bv Cr. Becker. seconded bv Cr. Ruop. to approve the minutes of
November 20 and December 4. 2006 as submitted.
Those votin2 Ave bein2 Crs. Becker. Ruoo. Kirchhoff. Jacobson and Mavor Krauss.
Those votin2 No beine none.
The motion carried.
0:22:02 [18:06:32] E. Consent
;j;
1. Claims (LaMeres)
2. Approve Public Access Drainage Easement for Sandpiper Condos (Heaston)
3. Approve rejection of bids and re-advertisement of Milwaukee Rail Trail and Library
Site Improvements (Folger)
4. Ratify grant of special permit to sell beer or wine (Neibauer)
0:22:05 [18:06:52] Public Comment
Mayor Krauss called for public comment on the Consent agenda.
No person commented.
0:22:21 [11:05:02] Motion and Vote to approve Consent items El - E4 as listed.
It was moved by Cr. RUDI). seconded by Cr. Kirchhoff. to approve Consent items El
- E4 as listed.
Those volin!! Aye bein!! Crs. Rupp. Kirchhoff. Jacobson. Becker and Mayor Krauss.
Those votin!! No bein!! none.
The motion carried.
0:22:34 [18:06:54] 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.
0:23:01 [18:07:26] Public Comment. Bob Kern
Mr. Kern resides in Bozeman. He supports returning the 10 Commandments to
Soroptimist and is willing to pay $100 a year in perpetuity to lease ground from city to
see the monument returned to the Park.
0:24:50 [18:07:46] Public Comment - Tom Noble
Mr. Noble resides at 401 N. Church and is President of the Northeast Neighborhood
Association and commented on traffic on N. Wallace and the proposed increased traffic
with the development of the Story Mill property.
0:27:49 [18:09:36] Public Comment. Clinton Cain
Clinton Cain resides 2551 Magenta Road in Bozeman and quoted George Washington
from his first inaugural address and the Senate response in support of returning the Ten
Commandments to Soroptimist Park.
0:31:53 [18:12:45] Public Comment - Marietta Glase
Ms. Glase supports returning the Ten Commandments to Soroptimist park as well as the
flags and requested an itemized improvement list.
0:32:44 [18: 16:47] Public Comment. John Marks
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John Marks encourages the Commission to return the Ten Commandments to Soroptimist
Park.
0:33:19 [18:17:40] Public Comment - Dan Semsch
Mr. Semsch resides at 1050 Boylan Road No. 15 and supports returning the Ten
Commandments to Soroptimist Park.
0:33:52 [18:18:19] Public Comment - Tom Tuck
Mr. Tuck supports returning the Ten Commandments to Soroptimist Park.
0:36: 11 [18: 18:49] Public Comment - Mike Comstock
Mr. Comstock would like to see the Ten Commandments returned to Soroptimist Park.
0:37:24 [18:21:10] Public Comment - Lisa Weaver
Ms. Weaver resides at 209 Accola Drive in Bozeman and would like to see the Ten
Commandment returned to Soroptimist Park.
0:41:12 [18:22:26] Public Comment - Elana Brown
Ms. Brown resides at 601 S. 9th in Bozeman and supports religious freedom and the
principal of faith in the individual life.
0:44:30 [18:26:16] G. Mayoral Proclamation - Proclaim December Drunk and Drugged
Driving (D3) Prevention Month
Mayor Krauss proclaimed the following:
WHEREAS, the December holiday season is traditionally one of the most deadly times of
the year for alcohol-impaired driving; and
WHEREAS, According to the National Highway Traffic Safety Administration
(NHTSA), in December 2005, 1,201 people across America were killed in highway
crashes involving a driver or motorcycle operator with a BAC level of .01 or higher. Of
these crashes, 1,033 involved a driver with an illegal BAC level of .08 or above.
WHEREAS, for thousands of families across the nation, the December holidays are a sad
time to remember loved ones they lost to an impaired driver during a previous holiday
season; and
WHEREAS, Since 1981 the National Highway Traffic Safety Administration (NHTSA)
has sponsored the "You Drink & Drive, You Lose" national crackdown to combat this
social and criminal national priority; and
WHEREAS, despite increased public awareness, impaired driving remains a major
concern in Gallatin County, the community joins as a partner in the effort to make our
roads and streets safer;
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NOW, THEREFORE, WE THE COMMISSIONERS OF THE CITY OF BOZEMAN,
do hereby proclaim December 2006 as Drunk and Drugged Driving (3D) Prevention
Month in Gallatin County. We do hereby call upon all citizens, government agencies,
business leaders, hospitals and health care providers, schools, and public and private
institutions in Gallatin County to promote awareness of the impaired driving problem, to
support programs and policies to reduce the incidence of impaired driving, to promote
safer and healthier behaviors regarding the use of alcohol and other drugs, this December
holiday season and throughout the year.
0:46:36 [18:29:46] H. Action Items
0:46:40 [18:31:45] 1. Parking Commission Appointments (Bernard)
0:46:55 [18:31:58] Public Comment
Mayor Krauss called for public comment.
No person commented.
0:47:03 [18:32:10] Mayoral Appointment to the Parking Commission.
Based on the recommendation bv the Parkin!! Commission. Mayor Krauss
appointed Tamela Haur to a three-year term to the Parkin!! Commission.
0:47:17 [18:32:23] 2. Historic Preservation Advisory Board Appointments (Bernard)
0:47:17 [ ] Motion and Vote to appoint up to two atalarge members, Tuli Fisher
and Jim Webster, to the Historic Preservation Advisory Board.
It was moved by Cr. Becker. seconded by Cr. Rupp. to appoint Tuli Fisher and Jim
Webster to the Historic Preservation Advisory Board.
Those votin!! Aye beine Crs. Becker. Ruoo. Kirchhoff. Jacobson and Mayor Krauss.
Those votin!! No bein!! none.
The motion carried.
0:47:57 [18:32:50] 3. City-County Board of Health Appointment (Bernard)
0:48:16 [18:33:13] Motion and Vote to re-appoint Dennis Alexander to the City-
County Board of Health
It was moved by Cr. Jacobson. seconded by Cr. Becker. to re-aoooint Dennis
Alexander to the City-County Board of Health.
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Those votine: Aye beine: Crs. Jacobson. Becker. Rupp. Kirchhoff and Mavor Krauss.
Those votin2 No bein2 none.
The motion carried.
0:48:37 [18:33:25] 4. Pf Land Planned Unit Development Preliminary Plan, Z-06230
(Windemaker)
0:48:52 [18:33:27] Staff Report
Contract Planner Lanette Windemaker presented the staff report.
1:03:18 [18:42:37] Applicant
Keith Belden, 3011 Palmer Street, Missoula MT along with Jerry Perkins, Dave
Hutchinson and Ray Johnson, Molly Scorpic and Brian Caldwell representing PT Land
Partners appeared for the applicant.
1:09:49 [18:52:04] Public Comment
Mayor Krauss called for public comment.
No person commented.
1:32:35 [19:16:35] Motion to conditionally approve application ofPL Land Planned
Unit Development Preliminary Plan, #Z-06230
It was moved by Cr. Kirchhoff. seconded bv Cr. Jacobson. to approve preliminarv
plan #Z-06230 acceDtin2 the staff recommendations rfor the most partl with the
exception of relaxation Nos. 7 and 8 r denvine:l. where the staff requires a mid~block
crossin2. and would like to require a standard local street connection between
Tschache and Patrick and also with the additional condition that an east-west
connectine: neie:hborhood standard street Un a suitable location 1 to the north end of
the bank be added at minimal width for safe emrineerine: standardsrbetween 14th
and 15th Streetsl (see conditions below).
Pf Land PUD Plan Conditions:
1. The Sie:n Desie:n Criteria Guidelines shall address illumination and colorine: in
accordance with the Desi2n Objectives Plan. Internal illumination of an entire sie:n
panel should not allowed. however a system that backlie:hts sie:n text onlv may be
permitted. Lie:ht backe:round colors on internally illuminated si2ns should be
discourae:ed and a white backe:round not permitted.
2. The Si2I1 Desi2I1 Criteria Guidelines shall restrict the freestandine: sie:ns in the
Financial Institutions and Services (2reen). Service Warehouse Neie:hborhood (red)
and SUPpOrt Services Neie:hborhood (yellow) areas to low proflle monument type
sie:ns in keepine: with the sense of neie:hborhood intended to be created by this PUD.
the transitionine: of uses. and the residential adjacencv.
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3. The Development Guidelines shall include visual examples/photos/thumbnail
sketches of such thiDlZs as roof lines. materials. colors. architectural details. etc.
4. The Development Guidelines shall more clearly demonstrate how the differences
between the Hospitality and Re,;!ional Anchor Nei2hbor (blue) and the Support
Services Nei2hborhood (yellow) areas are to be achieved.
5. The Final PUD Plan shall demonstrate which lots are located with the entrvway
corridors. It appears that Lots 1-5. Block 1 may be located within the West Oak
Street entryway corridor. and Lot 1. Block 4 and Lots 5 and 6. Block 3 may be
located with the 1.90 entrywav corridor.
6. The landscape plan prepared and certified bv a qualified landscape professional
for the open space lots. Lots 2 and 3. Block 4. shall be submitted for review and
approval as part of the Final PUD Plan in accordance with U8.78.100 and ~18.48.
Completion of the landscapimz in the open space lots may be phased as proposed
with the stormwater retention/detentions ponds and completed with Phase 5.
7. The Final PUD Plan shall require the construction of a mid block crossin a on Lot
1. Block 4 at the time of site development in accordance with U8.42.040.D. Riahts.
Of-Way for Pedestrians.
8. The Final PUD Plan shall require the construction of a mid block crossine on
Block 3 at the time of site development in accordance with ~18.42.040.D. Riehts-Of-
Way for Pedestrians. The two lots responsible for construction of the mid-block
crossin a shall correspond to the riaht-of-wav established with the Final Plat.
9. The Development Guidelines shall discuss landscapine requirements. At the time
of site plan development. all lots shall achieve a minimum of 15 landscapine points.
Per 18.48.060. Lots 1. 2. and 3. Block 1 have residential adiacencv and shall achieve
a minimum of 23 landscapina points. Screenine is required for residential adiacency
in accordance with ~18.48.050.B and 060.B.3.
10. That the riaht to a use and occupancy permit shall be contineent upOn the
fulfillment of allaeneral and special conditions imposed by the conditional use
permit procedure pursuant to U8.34.100.C.l of the Bozeman Municipal Code.
11. That all of the svecial conditions shall constitute restrictions runnin2 with the
land use. shall applv and be adhered to bv the owner of the land. successors or
assiens. shall be bindina upon the owner of the land. his successors or assiens. shall
be consented to in writine. and shall be recorded as such with the County Clerk and
Recorder's Office bv the property owner prior to the issuance of any buildine:
permits. final site plan approval or commencement of the conditional use pursuant
to ~18.34.100.C.2 of the Bozeman Municipal Code.
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12. The final PUD plan 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 anv way. create a waiver or other relaxation of the lawful
requirements of the Bozeman Municipal Code or state law.
13. All site plans which meet or exceed the desien review thresholds of ~18.34.040.C
shall be submitted to the Desien Review Board for review and recommendation.
14. Block 3 shall include a north/south public street from Patrick Street to
Tschache Lane and Block 1 shall include an east/west public street from North 14th
A venue to North 15th A venue. As a PUD. these public streets may be desi2ned to the
minimal width acceptable to the Eneineerine Department. (As added by City
Commission. )
American Federal Bank Site Plan Conditions:
1. The one freestandine sien shall be a low profile monument type sien in keepine
with the sense of neiehborhood intended to be created by this PUD. the transitionin2
of uses and the residential adiacencv.
2. The buildine shall be built with the additional details (metallic insets. pre-cast
concrete insets and pre-cast concrete bands) as shown on the elevation studv rather
than the simplified color renderinl!S.
3. A material board/color palette for the buildine. includine material samples and
color chips. shall be subiect to review and approval bv the ADR and Plannine
Department prior to Final Site Plan approval.
4. The northern drive access shall be deshmed and desienated as shared access to
North 15th Avenue (or whichever street is the collector) with the adioininl! property
to the north.
5. A citv standard sidewalk shall be installed alone the northern drive lane from
North 15th A venue to North 14th A venue to divide a continuous block leneth in
excess of 600 feet in accordance with U8.42.040.D. Riehts-Of-Way for Pedestrians.
6. The parkine lot and buildine shall not encroach into the 50 foot landscaped
setback alone Oak Street.
7. The front yard setback from North 15th A venue shall be increased from the
required 25 feet to 28.25 feet to provide landscapine in lieu of parkine.
8. Trees shall not be located within 10 feet of sewer. water. and Dived stormwater
services. Sewer. water. and piped stormwater services shall be shown on the
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landscapine: plans and approved bv the WaterlSewer Superintendent.
9. Fire hydrants shall not be located within 10 feet of trees and lie:ht fixtures. Fire
hydrants shall be shown on landscapine: and lie:htine: plans.
10. The final site plan shall complv with the standards identified and referenced in
the Bozeman Municipal Code. 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 relaxation of the lawful reauirements of the
Bozeman Municipal Code or state law.
11. The elevations of American Federal Savine:s Bank shall be reviewed by the
DRB. in accordance with the recommended chane:es from the informal DRB review
on October 25. 2006. before Final Site Plan approval.
1 :38: 11 [ ] Vote to conditionally approve application of PL Land Planned Unit
Development Preliminary Plan, #Z-06230
This decision approves relaxations #1. #3. #9. #11. #12 and denies relaxations #2. #4.
#5. #6. #7. #8. and #10.
PUD Plan: Addition of Condition #14 (see above).
American Federal Savine:s Bank: No chane:es.
Those votine Ave beine Crs. Kirchhoff. Jacobson. Becker. Rupp and Mayor Krauss.
Those votine: No beine: none.
The motion carried.
1 :38: 18 [19: 17:41] 5. PI Land Subdivision Preliminary Plat, P-06057 (Windemaker)
1 :38:45 [19: 18:50] Staff report
Contract Planner Lanette Windemaker presented the staff report.
1 :43: 13 [19:24:52] Applicant
Keith Belden with Morrison-Maierle, 3011 Palmer in Missoula, Montana, appeared for
the applicant.
1 :49:42 [
] Public Comment
Mayor Krauss called for public comment.
1:49:50 [19:35:31] Public Comment - Brian Caldwell
Mr. Caldwell resides at 733 S. Tracy and requested that the Commission reconsider its'
previous vote adding condition No. 14 to the PT Land Partners Planned Unit
Development Preliminary Plan, #Z-06230.
1:53:29 [19:35:41] Public Comment - no name or address orovided
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This unidentified person questioned pollution to the wetland and wondered how close a
sewer system can be to an existing water course.
1:55:47 [19:36:17] Applicant rebuttal
The Applicant declined to rebutt.
2:01:28 [19:46:56] Motion approve application PI Land Subdivision Preliminary
Plat, #P-06057, with the conditions of approval listed in the staff report and
amended in the Commission memo.
It was moved bv Cr. Jacobson. seconded bv Cr. Becker. approve application rPI
Land Subdivision Preliminarv Platl. #P~06057. with the conditions of approval
listed in the staff report and amended in the Commission memo includine rBecker 1
modification to Condition No. 26 (chanee from minimum of 45' to a minimum of 42'
standard on 15th) and No. 29 (applicant aerees to sien a waiver of rieht to protest
on maior intersection at Oak and 19th) and rKraussl incorporate the chanees to the
relaxations made in the pun Review (denial of relaxations #7 and # 8 and addition
of two streets built to acceptable eneineerine standards).
2:10:49 [19:54:02] Motion to amend motion on the floor
Motion on the floor:
It was moved by Cr. Jacobson, seconded by Cr. Becker, approve application [PT Land
Subdivision Preliminary Plat], #P-06057, with the conditions of approval listed in the
staff report and amended in the Commission memo including [Becker] modification to
Condition No. 26 (change from minimum of 45' to a minimum of 42' standard on 15th)
and No. 29 (applicant agrees to sign a waiver of right to protest on major intersection at
Oak and 19th) and [Krauss] incorporate the changes to the relaxations made in the PUD
Review (denial of relaxations #7 and # 8 and addition of two streets built to acceptable
engineering standards).
It was moved bv Commissioner Rupp to amend the motion on the floor bv re~
insertine condition No. 29.
The motion failed for the lack of a second.
2:11:50 [
] Late second to amend the motion on the floor
Motion on the floor:
It was moved by Cr. Jacobson, seconded by Cr. Becker, approve application [PT Land
Subdivision Preliminary Plat], #P-06057, with the conditions of approval listed in the
staff report and amended in the Commission memo including [Becker] modification to
Condition No. 26 (change from minimum of 45' to a minimum of 42' standard on 15th)
and No. 29 (applicant agrees to sign a waiver of right to protest on major intersection at
Oak and 19th) and [Krauss] incorporate the changes to the relaxations made in the PUD
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Review (denial of relaxations #7 and # 8 and addition of two streets built to acceptable
engineering standards).
Commissioner Kirchhoff seconded Commissioner Rupp's motion to amend the
motion on the floor by re-inserting condition No. 29.
2:18:22 [20:02:13] Vote to amend motion on the floor
Motion on the floor:
It was moved by Cr. Jacobson, seconded by Cr. Becker, approve application [PT Land
Subdivision Preliminary Plat], #P-06057, with the conditions of approval listed in the
staff report and amended in the Commission memo including [Becker] modification to
Condition No. 26 (change from minimum of 45' to a minimum of 42' standard on 15th)
and No. 29 (applicant agrees to sign a waiver of right to protest on major intersection at
Oak and 19th) and [Krauss] incorporate the changes to the relaxations made in the PUD
Review (denial of relaxations #7 and # 8 and addition of two streets built to acceptable
engineering standards).
It was moved bv Commissioner Rupp. seconded bv Cr. Kirchhoff. to amend the
motion on the floor bv re-insertina condition No. 29.
Those votina Ave beina Crs. Rupp. Kirchhoff and
Those votina No beina Cr. Becker and Mavor Krauss.
The motion carried.
2:19:17 [20:03:43] Vote on the amended motion
Amended motion:
It was moved by Cr. Rupp. seconded by Cr. Kirchhoff. approve application fPT
Land Subdivision Preliminarv Plat 1. #P-06057. with the conditions of approval
listed in the staff report and amended in the Commission memo includina fBecker 1
modification to Condition No. 26 (chanee from minimum of 45' to a minimum of 42'
standard on 15th) and [Krauss 1 incorporate the chanaes to the relaxations made in
the pun Review (denial of relaxations #7 and # 8 and addition of two streets built to
acceptable eneineerinl! standards). See conditions below:
PT Land pun Major Subdivision Preliminarv Plat:
1. The watercourse setback alone the Walton StreamlDitch south of Tschache Lane
shall be 50 feet. If a minor reduction is necessary to due to road desie:n aeometrics to
facilitate the taper anl!le retluired between the existine rieht-of-wav alianment of
North 15th A venue and the continuation of the riaht-of-wav of North 15th A venue
to achieve a watercourse setback of 50 feet. the watercourse setback for that portion
only may be reduced to not less than 35 feet for the minimum distance required to
achieved the reali2l1ment.
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2. A rieht of way. not less than 10 feet wide. for a city standard sidewalk. is
reQuired mid~block in Block 3 to divide a continuous block leneth in excess of 600
feet in accordance with ~18.42.040.D. Riehts-Of-Wav for Pedestrians.
3. A Concurrent Construction Plan. for an approved lot-specific final site plan.
addressine all reQuirements of 18.74.030.D. shall be submitted for review and
approval of the Plannine Director with a recommendation from the Development
Review Committee.
4. Storm water retention/detention facilities may be located in Zone 1 of the
watercourse setback if located no closer than SO feet to the ordinary hieh water
mark of the watercourse. The storm water retention/detention ponds shall be
desiened as landscape amenities. Thev shall be an oreanic water feature with a
natural. curvilinear shape. The ponds shall have 75 percent of surface area covered
with live veeetation. and be lined with native erasses. indieenous plants. wet root
tolerant plant types and eroupines of boulders to create a functional vet. natural site
feature. A cross section and landscape detail of each pOnd shall be submitted with
the final landscape plan for review and approval. (As amended bv City
Commission. )
5. Covenants shall address the reQuirements for street trees. a COB plantine permit
for street trees and obtainine utilitv locates before any excavation beeins in the COB
rieht of way.
6. Water riehts. or cash-in-lieu thereof. as calculated by the City Eneineer. is due
with the final plat.
7. The open space shall be titled "Open Space. Public Access". Notes shall be
included on the plat describine ownership and maintenance responsibility for the
open space. e.e.: open space. public access. owned bv the property owners
association. maintained bv the property owners association. etc.
8. Subdivision Iiehtine SILD information shall be submitted to the Clerk of
Commission directlv after Preliminary Plat approval in hard copy and dieital form.
The final plat will not be deemed complete until the resolution to create the SILD
has been approved bv the City Commission.
9. Buildines proposed for construction with crawl spaces or basements shall include
Eneineer Certification reeardine depth of eround water and soU conditions and
proposed mitieation methods to be submitted with each BuUdine Permit. The Final
Plat shall include a notation that due to hieh eround water conditions full or partial
basements are not recommended.
10. Applicant shall provide a soils report. alone: with buildiDl! plans. to the Huildinl!
Division. recommendine types of foundations. If development shall occur in phases.
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the soils report may address those lots within the proposed phase.
11. The remainder of each phase of the subdivision shall be platted as an
undevelopable tract in accordance with ~18.74.080.B.6. BMC. with the followine:
laneuaee placed on the face of the final plat. No public improvements shall be
required for the undevelopable tract until it is subdivided as a lot which is not
subiect to this restriction.
NOTICE IS HEREBY GIVEN to all pOtential purchasers of Tract X of XXXXX
Subdivision Phase X. City of Bozeman. Gallatin County. Montana. that the final
plat of the subdivision was approved bv the Bozeman City Commission without
completion of on and off-site improvements required under the Bozeman Municipal
Code. as is allowed in Chapter 18.74 of the Bozeman Municipal Code.
As such. this Restriction is flied with the final plat that stipulates that anv use of this
lot is subiect to further subdivision. and no development of this lot shall occur until
all on and off-site improvements are completed as required under the Bozeman
Municipal Code.
THEREFORE. BE ADVISED. that Buildine Permits will not be issued for Tract X
of XXXXX Subdivision Phase X City of Bozeman. Gallatin County. Montana until
all required on and off-site improvements are completed and accepted bv the City of
Bozeman. No buildine or structure reQuirine water or sewer facilities shall be
utilized on this lot until this restriction is lifted. This restriction runs with the land
and is revocable only by further subdivision or the written consent of the City of
Bozeman. (As amended bv Citv Commission.)
12. The final plat shall complv with the standards identified and referenced in the
Bozeman Municipal Code. The applicant is advised that unmet code provisions. or
code provisions that are not specificallv listed as conditions of approval. does not. in
anv wav. create a waiver or other relaxation of the lawful requirements of the
Bozeman Municipal Code or state law.
Eneineerine Conditions:
13. This proposed Subdivision is located within the followine pavback districts:
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Hampton Inn Sewer Payback
"
Baxter Lane and North 19th Sienal Pavback
"
Tanee LLC Water Payback
Unless previously filed with the property. the applicant will make all pavments
necessary prior to each phase.
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14. Unless currently filed with the property. the applicant is advised executed
Waivers of Rieht to Protest Creation of S.I.D.'s shall be provided and flied with the
County Clerk and Recorder's office for the followine:
a) Intersection improvements at Oak Street and North 7th.
b) Intersection improvements at Oak Street and North 19th.
c) Intersection improvements at Baxter Lane and North 19th.
d) Intersection improvements at Tscache Lane and North 19th.
e) Street improvements to Oak Street includine pavine. curb/eutter. sidewalk. and
storm drainal!e (unless currentlv flied with the property).
o Street improvements to Baxter Lane includine pavine. curb/eutter. sidewalk. and
storm drainaee (unless currentlv flied with the propertv).
e) Intersection improvements at Oak Street and North 15th A venue. (As amended
bv City Commission.)
The document flied shall specify state that in the event an S.I.D. is not utilized for
the completion of these improvements. the developer aerees to participate in an
alternate financinl! method for the completion of said improvements on a fair share.
proportionate basis as determined bv square footaee of propertv. taxable valuation
of the propertv. traffic contribution from the development or a combination thereof.
15. Proposed phasine shall be depicted on the preliminary plan. The full extent of
all proposed infrastructure improvements required for each phase shall also be
clearlv indicated on the final plan submittal. No buildine permits shall be issued
prior to City acceptance of the required infrastructure improvements unless all of
the requirements of ~18.74.030.D are met to allow for concurrent construction.
Phases shall be numbered in the order in which they are to be built. All concurrent
construction requirements shall be met or substantial completion of all public
infrastructure shall be accepted prior to the issuance of buildinl! permits at each
phase.
16. Access to Lots 1 and 2 of Block 2. Lots 1. 2. and 3 of Block 1 from North 15th
Ave. and access to Lots 1 and 6 of Block 3 from North 11th Ave shall use shared
accesses. A one foot no access stripe will be required for the leneths of any proposed
lots frontine North 15th or North 11th. excludinl! the locations of any shared
accesses. In addition. all separation requirements outlined in the ~ 18.44.090 of the
Bozeman Municipal Code shall be met. If access cannot be achieved within the
parameters of the Bozeman Municipal Code the applicant may applv for a
deviation. The procedure for applvine for an access deviation is outlined in
U8.44.090.H.3 of the Bozeman Municipal Code.
17. Stormwater Master Plan:
A Stormwater Master Plan for the subdivision for a system desiened to remove
solids. silt. oils. erease. and other pollutants from the runoff from the private and
13
public streets and all lots must be provided to and approved by the Citv Eneineer.
The master plan must depict the maximum sized retention/detention basin location.
and locate and provide easements for adequate drainaee ways within the
subdivision to transport runoff to the stormwater receivine channel. The plan shall
include sufficient site eradine and elevation information (particularly for the basin
sites. drainaee ways. and lot finished erades). typical stormwater retention/detention
basin and discharee structure details. basin sizine calculations. and a stormwater
maintenance plan.
Any stormwater ponds located within park or open space shall be desiened and
constructed so as to be conducive to the normal use and maintenance of the park or
open space. Storm water ponds shall not be located on private lots.
Detailed review of the final e:radine and drainaee plan and approval by the City
Ene:ineer will be required as part of the infrastructure plan and specification review
process.
Currently. there exists a temporary storm drainaee easement on this property for
several adioinine streets and a neie:hborine lot. Prior to development an adequate
permanent drainaee plan must be submitted and approved by the City Eneineer.
and any easements for the temporary ponds must be properly vacated. The
preliminary storm water plan submitted with the PUD application does not address
the runoff that is currently comine: from the adioinine: lots and street frontae:e.
18. The location of and distinction between existine: and proposed sewer and water
mains and all easements shall be clearly and accurately depicted. as well as all
nearby existine and proposed fire hydrants. The location of the newly installed
Pressure Relief V alvealone 11th A venue must be shown on the plans.
19. The Developer's ene:ineer will be required to prepare a comprehensive desie:n
report evaluatine existine: capacity of water and sewer utilities which must be
provided to and approved by the City Ene:ineer. The report must include hydraulic
evaluations of each utility for both existine: and pOst-development demands. The
report flndine:s must demonstrate adequate capacity to serve the full development.
The report must also identify the proposed phasine: of water and sewer construction.
If adequate water and/or sewer capacity is not available for full development. the
report must identify necessary water system and sewer system improvements
required for full development. The Developer will be responsible to complete the
necessary system improvements to serve the full development.
20. It should be noted that this site is located in an area of hie:h water pressure. The
desien of the water infrastructure will Deed to account for this hieh pressure. The
installation of a pressure reducine: valve(s) (PRV) will be required. The location and
the number of required PRV's will be determined durine: the infrastructure desie:n
14
phase.
21. Easements needed for the water and sewer main extensions shall be a minimum
of 30 feet in width. with the utility located in the center of the easement. In no case
shall the utility be less than 10 feet from the ede:e of the easement. All necessary
easements shall be provided prior to Final plat approval and shall be shown on the
plat.
22. All water main extensions of more than 500 feet reQuired for any phase of the
development shall be fullv looped. Water and sewer mains shall be extended to the
property lines to adeQuatelv accommodate future extensions and/or loopine.
23. City Standard curb. IZUtter and sidewalk shall be provided alone all streets in
the subdivision. unless otherwise noted. Streets within the subdivision will be City
standard width. Detailed review of the street and intersection desitm and approval
by the City Eneineer will be reQuired as part of the infrastructure plan and
specification review process.
24. Tschache Lane must be extended the entire lene:th of the subdivision. so as to
connect North 15th Ave. to North 11th Ave.
25. The applicant shall submit an ae:reement executed with the adioinine property
owner prior to final plat approval of Phase 1 reeardine completion of the Tschache
Lane crossine of the Walton Stream Ditch.. Improvements can be financiallv
euaranteed in accordance with Chapter 18.74. BMC. The full width of both 15th
and Tschache must be constructed so that they meet at a full standard intersection.
(As amended by City Commission.)
26. North 15th Ave.. or a comparable collector standard public street. must be
extended to the north so as to connect Oak Street to Baxter Lane. All wetlands
reeulations and stream setbacks must be abided by when considerine the alienment
of these roads. All alie:nments and desie:ns of these roads must be reviewed and
approved bv the city eneineerine department. This street section must include a
back of curb to back of curb width of a minimum of 42'. bike lanes. and sidewalks
on both sides. (As amended by City Commission.)
27. All street names must be approved by the Gallatin County Road Office and City
Eneineerine: Department prior to preliminary plat and final plat approval.
28. The traffic study submitted indicates that North 11th A venue and North 15th
Avenue currently have Level of Services (LOS) below a D. ~18.44.060.D of the
Bozeman Municipal Code states "Street and intersection level of service "C" shall
be the desie:n and operational obiective. and under no conditions will less than level
of service "D" be accepted. The LOS for these intersections must be corrected prior
to the issuance of buildine oermits for any of this development.
15
29. The traffic study submitted indicates that the intersection of Oak and N. 19th
operates at a level of service below a D. Since the traffic study was performed the
intersection has had improvements. Please reevaluate the intersection to confirm
that intersection operates at or above a LOS of D at all times. If the intersection
remains at a LOS below a D the developer will be reQuired to make improvements
to the intersection to correct the LOS.
30. Any public street dehts of way for which easements have been provided shall be
dedicated to the City on the preliminarv Plat for this subdivision.
31. A 10 foot wide asphalt pathway must be installed the leneth of the lot on the
south side of the property alone Oak Street. This pathway must provide ADA
approved access the entire leneth of the lot.
32. The full width of Baxter Lane that fronts this proposed subdivision shall be
improved to meet all current collector standards. This includes but not limited to
pavement. curb and !!Utter. and all necessarv sienaee and stripine. The tvpical
section used for the Baxter Lane improvements should match the typical section
used at the Lowe's Subdivision directly west of this development.
33. With the improvements to Baxter the developer will install sidewalk on the
north side of the street from the end of the existine sidewalk west of this
development to N. 15th. where a pedestrian crosswalk will be installed. The
developer shall install the crosswalk with adequate sienaee. stripine. and liehtine
such that the intersection will provide safe passaee for pedestrians. With installation
of this crosswalk the existine mid-block crosswalk west of this development will be
removed.
34. If construction activities related to the proiect result in the disturbance of more
than 1 acre of natural eround. an erosion/sediment control plan may be reQuired.
The Montana Department of Environmental Qualitv may need to be contacted bv
the Applicant to determine if a Stormwater Discharee Permit is necessary. If a
permit is reQuired by the State. the Developer shall demonstrate to the City full
permit compliance.
35. The Montana Fish. Wildlife and Parks. SCS. Montana Department of
Environmental Qualitv and Armv Corps of Eneineer's shall be contacted reeardine
the proposed proiect and any required permits (i.e.. 310. 404. Turbiditv exemption.
etc.) shall be obtained prior to final approval.
36. A 10.foot wide concrete shared use boulevard sidewalk/path shall be
constructed on the north side of Tschache Lane. It is preferable that this sidewalk
meander similar to the desien on the property to the west. A public access easement
shall be provided for areas where the sidewalk meanders outside of the public rieht..
of-way. (As added bv City Commission.)
16
37. The applicant shall incorporate chaDlzes required bv the conditional approval of
the Conditional Use Permit for the Yf Land Planned Unit Development Preliminarv
Plan. (As added bv Citv Commission.)
Those votin2 Ave bein2 Crs. Becker. Rupp. Kirchhoff. Jacobson and Mavor Krauss
Those votin2 No bein2 none.
The motion carried.
2:20:07 [20:04: 15] Break
Mayor Krauss called for a break.
2:34:56 [20:05:54] Call to order
Mayor Krauss called the meeting to order.
2:34:59 [20:06:08] 6. Hand 2nd Single-Household Residence, Site Plan and
Certificate of Appropriateness application with one deviation, #Z-06261 (Bristor)
2:35:04 [20:07:35] Staff Report
Associate Planner Allyson Bristor presented the staff report.
2:45:00 [20:27:05] Applicant
The applicant, Lucian Hand, resides at 434 N. Black and appeared on his own behalf.
2:54:42 [
] Public Comment
Mayor Krauss called for public comment.
2:55:11 [20:27:13] Public Comment - Karen Undell
Ms. Lindell resides at 416 East Aspen and stated that the existing cabin is intriguing and
appreciates the Hand design proposal.
2:56:28 [20:30: 15] Public Comment - Robert Douehertv
Robert Dougherty resides at 425 Perkins Place and is the architect for the Hand
residence. He stated that the 15' setback would require a complete redesign.
3:03:30 [20:44:34] Motion and Vote to approve the Hand 2nd Single-Household
Residence Site Plan and Certificate of Appropriateness #Z-06261
It was moved bv Cr. Rupp. seconded bv Cr. Kirchhoff. to approve the rHand 2nd1
Sin2le- Household Residence Site Plan and Certificate of Appropriateness
application with deviations r#Z-062611 as conditioned bv plannin2 staff but not
includimz the required 15' setback r eliminatin2 condition 3a 1.
Conditions of Approval:
17
1. All chain/wire fencina on the site shall be removed or replaced. If replaced. the
fence details shall be included in the Final Site Plan materials.
2. The vard area located southeast of the existina cabin shall be arass and/or
landscaped.
3. The Final Site Plan materials shall include the followina:
a. A revised site plan that shows the proposed location and species of the boulevard
tree:
b. A revised site plan that shows separate services for the proposed and existina
residences:
c. A revised site plan that shows a written notation that the two buildina modules
will be different colors of stucco.
4. All modified materials shall be subject to final desian review and approval bv
Administrative Desian Review Staff.
5. Prior to Final Site Plan approval. the applicant shall provide a color palette and
sample materials board to the Department of Plannina. for final desian review and
approval by Administrative Deshm Review Staff.
Code Provisions:
1. Per Section 18.34.130.A. "Final Site Plan". no later than six months after the
date of approval of a preliminarv site plan or master site plan. the applicant shall
submit to the Department of Plannina seven (7) copies of a Final Site Plan. The
Final Site Plan shall contain all of the conditions. corrections and modifications
approved bv the Department of Plannin2.
2. Per Section 18.38.060. "Yard and Heiaht Encroachments". eaves and e:utters
mav not extend more than 2.5 feet into a required side yard setback.
3. Per Section 18.42.130. "Fences. Walls and Hede:es". all new fences must conform
to code requirements.
4. Per Section 18.42.150. "Liahtine:". if installed.allli2htine: shall complv with said
Section requirements.
5. Per Section 18.44.100. "Street Vision Trianale". trees which are located in the
street vision triane:le and which pre-existed the adoption of this title mav be allowed
to remain. provided the trees are trimmed such that no limbs or foliaae exist below a
heie:ht of ten feet above the centerline arades of intersectin2 streets.
6. Per Section 18.64.100. "Buildin2 Permit Requirements". a buildina permit shall
be obtained for said work and all required fees shall be paid prior to construction.
18
and within one (1) year of Certificate of Appropriateness approval or this approval
shall become null and void.
7. Per Section 18.64.110. "Permit Issuance". any modifications to the submitted and
approved drawinl!s shall invalidate the proiect's approval unless the applicant
submits the proposed modifications for review and approval bv the Department of
Planninl! prior to undertakinl! said modifications.
8. Per Section 18.74.020.A.2. "Standards for Improvements". all construction
activities shall comply. This shall include routine cleaninl!lsweepinl! of material that
is draaaed to adiacent streets. The City may require a I!uarantee as allowed for
under this section at any time durinl! the construction to ensure any damaees or
cleanine that are required are complete. 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 identified.
Those votina Aye beiDa Crs. RUDD. Kirchhoff. Jacobson. Becker and Mayor Krauss.
Those votine No beine: none.
The motion carried.
3:04:12 [20:46:48] 7. Future Location of the Ten Commandments Monument
(Kukulski)
3:04: 18 [20:46:55] Staff report
Mr. Kukulski presented the staff report.
3:11:18 [ ] Public Comment
Mayor Krauss called for public comment.
3: 11 :39 [20:52:21] Public Comment - Dennis Ranier
Mr. Ranier resides at 2304 N. 7th Avenue, Bozeman and supports returning the Ten
Commandments to Soroptimist Park.
3: 14:33 [20:52:27] Public Comment - David Cook
Mr. Cook resides at 701 S. 7th and does not support returning the Ten Commandments to
Soroptimist Park.
3: 17:06 [20:58:47] Public Comment - Brian McConville
Mr. McConville resides at 2304 N. 7th A venue, Bozeman and supports returning the Ten
Commandments to Soroptimist park.
3: 19:36 [20:59:49] Public Comment - Nicole McConville
Ms. McConville resides at 2304 N. 7th Avenue, Bozeman and supports returning the Ten
Commandments to Soroptimist Park.
3:19:56 [21:02:51] Public Comment- Vicki Whitman
19
Ms. Whitman resides at 2304 N. 7th Avenue, Bozeman and supports returning the Ten
Commandments to Soroptimist Park.
3:21:25 [21:05:30] Public Comment - Shane Cantrell
Mr. Cantrell resides at 2304 N. 7th Avenue, Bozeman and supports returning the Ten
Commandments to Soroptimist Park.
3:22:09 [21:08:00] Public Comment - Tvson Holland
Mr. Holland resides at 418 West Babcock, Bozeman and supports returning the Ten
Commandments to Soroptimist Park.
3:22:52 [21 :08:36] Public Comment - JoseDh Fabian
Mr. Fabian resides at 412 N. 17th Avenue, Bozeman and supports returning the Ten
Commandments to Soroptimist Park.
3:25:38 [21:09:52] Public Comment - Karen Lendell
Ms. Lendell resides at 416 East Aspen, Bozeman and supports returning the Ten
Commandments to Soroptimist Park.
3:26:14 [21:10:36] Public Comment - David Quamann
Mr. Quarnann resides at 414 S. 3rd Street, Bozeman, and supports the recommendation of
the City Attorney's Option 2 [as set forth in his December 11,2006 memo to the
Commission].
3:28: 10 [21:11: 18] Public Comment - Jerrv Lauevre
Mr. Lapeyre resides at 1704 South Willson, Bozeman and supports returning the Ten
Commandments to Soroptimist Park.
3 :30:20 [21: 14:05] Public Comment - Barbara McConville
Ms. McConville resides at 1025 Summer Ridge Road, Bozeman and supports returning
the Ten Commandments to Soroptimist Park.
3:31:22 [21:14:56] Public Comment - Tammv Ranier
Ms. Ranier resides at 2304 N. 7th Avenue, Bozeman and supports returning the Ten
Commandments to Soroptimist Park.
3:32:37 [21:16:45] Public Comment - Lillv Ward
Ms. Ward resides at 739 Cheery Road, Belgrade and supports returning the Ten
Commandments to Soroptimist Park.
3:33:34 [21: 18:58] Public Comment - .lace Tomurude
Mr. Tomprude worships at 2304 N. 7th Avenue, Bozeman and supports returning the Ten
Commandments to Soroptimist Park.
3:34:44 [21:20:01] Public Comment - Rain Gilstrom
20
Mr. Gilstrom resides at 503 Sheridan, Bozeman and supports returning the Ten
Commandments to Soroptimist Park.
3:40:02 [21:21:17] Public Comment - no name given
No name given resides at 712 N. Montana, Bozeman and supports returning the Ten
Commandments to Soroptimist Park.
3:43:47 [21 :22: 17] Public Comment - Lucian Hand
Mr. Hand resides at 434 S. Black Street, Bozeman and supports the recommendation of
the City Attorney's Option 2 [as set forth in his December 11, 2006 memo to the
Commission] .
3:45: 19 [21:23:27] Public Comment - Tom Eaglehoff
Mr. Eaglehoff resides at 138 Gwen Way, Bozeman and supports returning the Ten
Commandments to Soroptimist Park.
3:48: 19 [21:28:51] Public Comment - Robert Douflhertv
Mr. Dougherty resides at 425 Perkins Place, Bozeman and supports the recommendation
of the City Attorney's Option 2 [as set forth in his December 11, 2006 memo to the
Commission].
3:50:11 [21:32:41] Public Comment- Gena Cantrell
Ms. Cantrell worships at 2307 N. 7th Avenue, Bozeman and supports returning the Ten
Commandments to Soroptimist Park.
3:52:18 [21:34:15] Public Comment - Matt Colon
Mr. Colon resides at 602 West Story Street, Bozeman and supports the recommendation
of the City Attorney's Option 2 [as set forth in his December 11, 2006 memo to the
Commission] .
3:55:39 [21:37:17] Public Comment- Carolvn Ellis
Ms. Ellis, no address given, and supports returning the Ten Commandments to
Soroptirnist Park.
3:57:43 [21:39: 13] Public Comment - Bob Chase
Mr. Chase resides in Bozeman, and supports returning the Ten Commandments to
Soroptirnist Park.
4:01:54 [21:41:09] Public Comment - Chris Nixon
Mr. Nixon resides at 719 N. Wallace, Bozeman and supports the recommendation of the
City Attorney's Option 2 [as set forth in his December 11,2006 memo to the
Commission].
4:05:09 [21 :44:46] Public Comment - Jimmy TalericcfJ
Mr. Talericco resides at 3147 Catkin Lane and supports returning the Ten
Commandments to Soroptimist Park.
21
4:08:37 [21 :54:29] Suspension ofthe Rules of Procedure
Mayor Krauss suspended the Rules of Procedure to allow the meeting to continue for an
additional hour.
4:09:15 [21:57:43] Motion to negotiate another suitable location for the 10
commandments
It was moved bv Cr. Kirchhoff. seconded bv Cr. Jacobson. to neeotiate another
suitable location for the Ten Commandments and direct staff to complete what is
described in Option 2 rofthe City Attorney's December 11.2006 memo to the
Commission 1.
4:46:58 [22:24:38] Vote to negotiate another suitable location for the 10
commandments
[It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to negotiate another
suitable location for the TeD Commandments and direct staff to complete what is
described in Option 2 [of the City Attorney's December 11, 2006 memo to the
Commission].
Those votine Aye beine Cr. Kirchhoff.
Those Votine No beine Crs. Jacobson. Becker. Rupp and Mavor Krauss.
The motion failed.
4:48: 16 [22:31 :32] Motion to reinstall the gifted Ten Commandments monument into
Soroptimist Park.
It was moved bv Cr. Jacobson. seconded by Cr. Becker. to reinstall the eifted Ten
Commandments monument into Soroptimist Park.
Those votine Aye beine Crs. Jacobson. Becker. Rupp and Mayor Krauss.
Those votine No beine Cr. Kirchhoff.
The motion carried.
4:49: 10 [22:34:29] Break
Mayor Krauss called for a break.
5:01:17 [22:37:56] I. Non-Action Items
5:01 :23 [0:02:01] Mayor Krauss - Agenda Modifications
5:02:02 [
] 1. Story Mill Center Informal, 1-06030 (Saunders)
5:02:23 [0:02:52] Staff report
Assistant Planning Director Chris Saunders presented the staff report.
22
5: 13:50 [22:38:37] Applicant - Introduction
Corey Ravniss of Hyalite Engineering appeared for the applicant.
5: 14:58 [22:39:25] Project Architects - Presentation
Steve Domreis of GBD Architects, 1025 NW Gooch, Portland, Oregon appeared for the
applicant.
5:35:08 [22:57:42] Public Comment
Mayor Krauss called for public comment.
5:35:23 [23:04:42] Public Comment - John Gerster
Mr. Gerster resides at 719 N. Wallace, Bozeman and stated that while this project is
exciting, the wetland and traffic issues are important and cautioned the Commission to be
careful and minimize traffic impact.
5:39: 18 [23:05:58] Public Comment - Marcia Kavenev
Ms. Kaveney resides at 630 E. Davis, Bozeman and is concerned about traffic on
Wallace, and noted that the scale of the project is larger than anticipated and is worried
about the loss of the rural nature and wetlands, and is concerned about the high density.
5:41:32 [23:09:42] Public Comment-Jeanne Wesley Wiese
Ms. Wiese resides at 707 N. Wallace and stated that she was blown away by scale of the
project and is concerned that the wetlands are not being considered.
5:43:27 [23: 17: 10] Public Comment - No name I!iven
No name or address given stated that transportation and wetlands are top her concerns.
She suggested that more information be provided to the public on the wetlands issue.
5:46:46 [23:26: 11] Commission Discussion
The Commissioners offered comments and suggestions on the informal proposal.
6: 12: 17 [0:00:53] K. Adjournment
Mayor Krauss adjourned the meeting at 12:12 AM
~(~
ef: . e . Kr uss, Mayor
23
Brit Fontenot, City Clerk
Approved on
~~,j
24
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