HomeMy WebLinkAbout2000-11-06 Minutes, City Commission
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MINUTES OF THE MEETING OF THE CITY COMMISSION
. BOZEMAN, MONTANA
November 6, 2000
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The Commission of the City of Bozeman met in regular session in the Commission Room,
Municipal Building, on Monday, November 6, 2000, at 3:00 p.m. Present were Mayor Youngman,
Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, City
Manager Johnson, City Attorney Luwe and Clerk of the Commission Sullivan.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
None of the Commissioners requested that any of the Consent Items be removed for
discussion.
Minutes. January 18. January 24. January 31. February 7. February 14. June 19. JulY 17. October
2. October 16. October 23 and October 30. 2000
It was moved by Commissioner Brown, seconded by Commissioner Frost, that the minutes of
the meetings of October 23 and October 30, 2000, be approved as submitted. The motion carried
. by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Frost,
Commissioner Smiley, Commissioner Kirchhoff, and Mayor Youngman; those voting No, none.
Mayor Youngman deferred action on the minutes of the meetings of January 18, January 24.
January 31, February 7. February 14, June 19, July 17, October 2 and October 16, 2000, to a later
date.
Ordinance No. 1528 - revisinQ adoDtions of model technical codes. includinQ the Uniform Buildina
Code and Uniform Buildina Code Standards, Uniform Mechanical Code. and deletina Part II of the
Uniform Federal Accessibilitv Standards
Previously distributed in the Commissioners' packets was a copy of Ordinance No. 1528, as
approved by the City Attorney, entitled:
ORDINANCE NO. 1528
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA.
PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING
SECTIONS 15.01.010 AND 15.01.020, 15.04.010, 15.05.010.
15.06.010,
15.07.010. 15.08.010, 15.12.010, 15.14.010, 15.16.010, 15.24.010. 15.30.010;
FURTHER PROVIDING FOR THE ONGOING ADOPTION OF VARIOUS MODEL
BUILDINGS, HOUSING AND TECHNICAL CODES AND THE ACCOMPANYING STATE
. ADMINISTRATIVE REGULATIONS. AND PROVIDING A PENALTY FOR VIOLATIONS.
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It was moved by Commissioner Frost, seconded by Commissioner Smiley, that Ordinance No.
. 1528, amending various sections pertaining to the ongoing adoption of specified technical codes, be
finally adopted. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown and Mayor
Youngman; those voting No, none.
Staff presentation re oPtions for future of the landfill/solid waste operations
Included in the Commissioners' packets were memos from Project Engineer Finke, dated
October 26 and November 2, 2000, forwarding various options and tables of supporting information
for those options.
Project Engineer Karen Finke introduced the staff members present for this discussion, which
include Director of Public Service Debbie Arkell, City Engineer Craig Brawner and Street/Sanitation
Superintendent Roger Sicz. Also present were Pat Crowley, from the State of Montana Department
of Environmental Quality, County Commissioners Phil Olson and Bill Murdock, and County Fiscal
Officer Ed Blackman.
Project Engineer Finke reminded the Commissioners that, on April 24, Damschen and
Associates provided alternatives for the landfill, including expansion at the current site, construction
of a transfer station, siting of a new landfill, and development of a municipal composting facility. She
stated that study was an update of a 1992 study, and was based on 47,000 tons of garbage per year.
She noted that the alternative recommended was expansion to the north side of Churn Creek. Based
. on public concern and public comment at that time, the Commission tabled its action and continued
the public comment period through May and June. On July 24, the City staff provided an overview
and responsive summary; and at the August 14 meeting, the Commissioners had an opportunity to
discuss that response and ask questions of staff and the consultant. She noted that on August 21,
the Commission directed staff to narrow the possible alternatives, balancing cost with environmental
harm and providing additional cost evaluations. She noted that, as a result of that direction, staff has
prepared two alternatives, and has forwarded them along with a packet of information that includes
six tables. She briefly reviewed those tables, characterizing Table I as the summary of costs, with
Table II as an expanded summary of estimated annual costs and present worth analysis, and Tables
III through VI providing more detailed information in a worksheet format.
The Project Engineer reviewed the options, as follows: Option 1 - expand north of Churn Creek
and retain recycling facility on the existing site; and Option 2 - transfer station and recycling facility.
She noted that Option 2 is divided into three sub*options, as follows: 2A - construct transfer station
and retain recycling facility on existing site; 2B - construct transfer station at new location and retain
recycling facility on existing site; and 2C - construct transfer station and recycling facility at new
location. She indicated that the options have been evaluated at 30,000 and 60,000 tons per year,
based on garbage from city residents only or garbage from the entire county.
The Project Engineer reviewed the origin of the base information and basic assumptions, noting
the information was generally gathered from Street/Sanitation Superintendent Sicz, the Fiscal Year
2000 budget and Barry Damschen's analysis. She indicated that the financial data is based on an 8
percent interest rate, equipment fully depreciated over a period of five years, a life of 13 years in the
. remaining cell, and a present worth of 20 years.
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The Project Engineer briefly highlighted some of the numbers, noting that the cost per ton is
. lower for the higher volumes because of the fixed costs involved in operating a landfill. She noted the
least expensive option is expansion at the current site with garbage from the county being accepted,
at an estimated cost of $32 per ton. She cautioned that the disadvantages include unQuantifiable
environmental risk and resident opposition. The second least expensive option is expansion at the
current landfill, with garbage being accepted from the city only; however, the disadvantages are the
same. She indicated that Option 2A, to construct a transfer station at the current site, is the next
most cost effective, at the larger volume. She concluded by forwarding staff's recommendation for
Option 2A, with continued discussions with the County regarding a solid waste district.
Director of Public Service Debbie Arkell gave a slide presentation on the transfer station facility
in Shoshone County, located near Wallace, Idaho. She indicated that customers would be required
to do the separating and sorting of recyclable products. She noted that if the transfer station is
located at the existing landfill, clean wood and leaves could easily be taken to the recycling area;
however, that step would be much more difficult if a transfer station is constructed on a different site.
Responding to Commissioner Smiley, the Director of Public Service stated that the recycling
bins at the landfill were not used, so they were removed.
Responding to Questions from Commissioner Brown, City Manager Johnson stated that if
general obligations bonds were used to construct a transfer station, they would count against the
City's cap; if revenue bonds were used, they would not.
Further responding to Commissioner Brown, Project Engineer Finke stated that 10 acres are
. needed for a transfer station; 25 acres are needed for a transfer station and recycling; and, depending
on location, the land would cost an estimated $10,000 to $12,000 per acre if the current landfill site
is not used.
Responding to Commissioner Frost, the Project Engineer confirmed that with a transfer station,
the garbage would be compacted and taken away, and not stored on site.
Mayor Youngman noted that both the City and the County have voiced interest in composting
all garbage. She recognized that under this option, a transfer station would still be needed, but
encouraged staff to consider whether it may change the needs.
Responding to Commissioner Kirchhoff, the Project Engineer recommended that the City
continue to use its current landfill site until it is filled and then cap it, rather than starting to haul to
Logan immediately.
City Engineer Craig Brawner cautione(j that it takes 2 to 2112 years to construct a transfer
station; and the projected life of the current cell is 2 years if garbage from the county continues to
be accepted.
Mr. Pat Crowley, Solid Waste Regulatory Program Manager with the State of Montana
Department of Environmental Quality, stated that the length of time for permitting of a transfer station
is dependent upon its location and the amount of public comment received. He noted that public
comment would probably be less at the current landfill than if a suburban area were considered, but
. more than if an industrial area were considered. He estimated the timeframe for a transfer station at
a year for engineering and submission of an application for license to the State and up to a year for
the licensing process, which includes an environmental assessment.
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Responding to questions from City Engineer Brawner, Mr. Crowley stated it is best to begin
. conversations with the State early in the process, with a sketch in hand, so that issues can be
identified. He stressed that location is the key, noting that major issues for transfer stations include
blowing litter, visual impacts and traffic. He cautioned that his department is currently two people
short; however, he voiced a commitment to work with the staff to process the City's application as
quickly as possible once it is received.
Responding to Commissioner Kirchhoff, Mr. Crowley stated he has been at Bozeman's landfill
site, including that portion north of Churn Creek. He noted there are several springs on the north side
of the creek, and they provide the Mcllhattan water supply. He stated that conditions beneath the
surface would require drilling and study, stating that seismic stability and water bearing zones are key
issues. He noted that, for a transfer station, no hydrogeological work is needed; rather, only standard
foundation engineering is needed. He then stated that, in Helena, he uses the transfer station; and
it costs him $86 on his taxes annually, without pickwup. He characterized the facility as a neatly
operated facility located immediately adjacent to Carroll College.
Further responding to Commissioner Kirchhoff, Mr. Crowley cautioned that hydrogeological
work costs money, suggesting that a study could cost $100,000 to $400,000, depending on the
extent of the study. He cautioned that, given the short time left in the current cell, valuable time
would be lost on such a study.
Mr. Crowley stated it is nice to see the improvements that have been made at the Bozeman
landfill and the progressive manner in which it is being operated. He characterized it as a smart use
of resources, and voiced his support for the compost facility.
. Commissioner Kirchhoff asked about opening a small cell between the old cell and the current
cell, noting that possibility had been previously identified as a way to extend the life of the landfill by
five or six years.
Mr. Crowley responded that the new cell would need to be lined; and he is not certain how
much air space would be gained. He also cautioned that it costs more per ton to open a small cell
than a large cell.
Presentations of savinQs bonds to winners of essay contest
Mayor Youngman presented awards to the winners of a recent essay and drawing contest on
why parks' are important. She noted that 700 students from Grades K through 5 in the various
schools entered the contest; and all entrants received at least one prize. She voiced her eagerness
to read the essays, particularly in light of some of the excerpts she has read, and thanked the students
for their advice and ideas about Bozeman's parks.
Mayor Youngman thanked the FOR Parks Committee for sponsoring the contest. She then read
excerpts from a few of the essays, after which she presented gifts, donated by area businesses, to
the winners of the contest.
The Commissioners congratulated the students on their winning entries.
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Staff Dresentation (continued) re octions for future of the landfill/solid waste oDerations
. Responding to Commissioner Brown, Street/Sanitation Superintendent Roger Sicz stated that,
whether handling 30,000 tons or 60,000 tons of garbage annually, a certain level of personnel is
needed. He noted that, through slight adjustments in how the work is done, they can handle an
increase in the amount of garbage dumped; however, if the amount of garbage decreases, the number
of personnel cannot be decreased beyond that level.
Mr. Pat Crowley confirmed the Superintendent's comments, noting that an operator and
compactor can handle 30 tons or 90 tons of garbage per day for the same price.
Commissioner Brown stated his major concern is the potential of doubling the costs of garbage
disposal, He then stressed the importance of coordinating with the County, to ensure costs are
maintained at a reasonable level. He indicated that his other big concern is the environmental issues.
City Manager Johnson noted that staff has forwarded a recommendation for Option 2A. He
stated that the City already has recycling, including a white goods area and compost pile, and
infrastructure, including the scale house and equipment buildings, on the existing landfill site; and the
site is generally accessed through commercial and industrial areas and is in close proximity to major
transportation routes. He noted that the addition of a tub grinder at the landfill will expand the City's
ability to recycle.
Director of Public Service Arkell stated another decision to be made is whether to restrict intake
at the landfill, particularly in light of the estimated 2 Y2 years remaining in the current cell and the
. estimated 2 Y2 years required to complete a transfer station.
As a result of discussion, the Commissioners chose not to restrict intake at this time, but asked
that staff monitor the remaining life of the cell closely and come back with additional information if
it appears the cell will be filled before a transfer station is operational,
Mayor Youngman suggested that the City newsletter, which is to be published quarterly, could
be used as a public education tool to encourage residents to recycle or compost more. She noted that
this will help to lengthen the life of the existing cell and decrease the amount to be hauled to Logan
or another landfill site in the future.
Following discussion, the Commissioners decided to accept public comment at this time.
County Commis$ioner Phil Olson gave an update on the status of creating a solid waste
district, noting the County Commission is interested in working with the City of Bozeman to develop
the best solutions for both city and rural residents. He noted that a refuse district already exists at
Hebgen Lake; and West Yellowstone has a transfer station and is currently seeking construction bids
for a municipal solid waste composting plant. He noted that State statutes allow municipalities to opt
into or out of a refuse district, but do not address whether a refuse district may opt in or out. He
suggested that a compost plant be considered, possibly near a municipal solid waste plant.
County Commissioner Olson noted the County would appreciate a decision fairly soon if the
City is seriously considering limiting intake at its landfill, particularly in light of air space needs at the
. Logan landfill, He then suggested th~t the City consider other alternatives that have not been
mentioned, such as baling the garbage, since that saves space in the landfill, and possibly additional
composting. He cautioned that any City decision made prior to the solid waste district decisions could
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tie the district board's hands, and asked that no major financial decisions be made until the solid waste
. district board has been established. He noted that if this delay in the decision making process results
in running out of space, the County would be willing to work with the City in providing landfill space;
and the smaller garbage trucks could be used to haul the garbage to Logan on a short-term basis.
Responding to Mayor Youngman, County Commissioner Olson stated he anticipates the solid
waste district will be created in early 2001.
Responding to City Manager John~on, County Commissioner Olson stated that, under a
comprehensive composting program, 70 percent of the garbage turns to compost. The remaining 30
percent must then be taken to the landfill; however, it has been sanitized by the composting process
and should not need to be placed in a lined area.
Responding to questions, Mr. Pat Crowley stated that baled garbage is easier to haul; however,
it takes more space in the landfill than if the bales are broken and compacted. He indicated that any
time garbage is taken from collection vehicles and it is subsequently moved, it is considered a transfer
station; and the degree to which that station is multi-functional is dependent on the equipment
purchased.
Ms. Kathy Gallagher, hydrogeological consultant, characterized Option No.1 as the worst case
option environmentally. She cautioned that an EIS and monitoring could result in a per ton cost that
is significantly higher than the figure identified by staff.
Mr. Peter Rugheimer indicated he lives near the landfill; and that facility has a poor record of
. being a good neighbor, particularly because of the litter. He noted the new chain link fence around
the landfill is not visually appealing and is not appropriate in a residential neighborhood. He voiced
concern about the stigma of a transfer station in the back yards of residences, particularly on those
lots abutting the landfill. He stated that the traffic generated will also impact the area, noting that the
City has failed to improve the hilly road that leads to the landfill; rather, they required the developer
of the adjacent residential subdivision to improve it. He noted that when the bridge across the creek
failed last summer, the alternative route was a gravel road, and the City did no dust mitigation for
several days.
Mr. Rugheimer encouraged the Commission to consider more appropriate locations, suggesting
the old Idaho Pole location as a possible option, or a giant gravel pit, where the litter problems would
be mitigated.
Ms. Lynn Rugheimer, resident near the landfill, stated that closing the landfill would be the best
option, both now and in twenty years. She noted that when the landfill was sited in its current
location, it was "in the middle of nowhere"; it is now immediately adjacent to residential development;
and more development will occur in this area over the next twenty years. She also noted that the
long-term plan updates being undertaken at this time suggest that development will generally occur
to the west of the existing community, and questioned why the garbage generated from that new
development should be hauled to the east, and then hauled back west to a new landfill area.
Mr. Charles Bowen, resident near the landfill, stated his concurrence with Ms. Gallagher's
comments, stressing the importance of considering the environmental impacts, examining worst case
. scenarios, the possible requirement for an environmental impact statement, and the possibility of
litigation. He encouraged the Commission to also consider traffic impacts on the roads in the area.
He asked what the City will do with the rest of the land if it constructs a transfer station on the
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existing landfill site, noting the City will have 100 acres that will not be utilized. He concluded by
encouraging the Commission to consider other possible locations close to the interstate, noting that
. once the commitment is made, "it's forever".
Mr. Dean Ulrich, Manager of BFI, questioned why a collection truck would be used to haul to
the transfer station. He also questioned many of the costs on Table II. He suggested that if the
average cost of operating the landfill is $32.00 per ton, the rate of $35.36 currently being charged
is high. He concluded by addressing the liability issue, suggesting that contracting with a third party
could alleviate the City of those concerns.
Mr. Paul Rugheimer, neighbor of the landfill, asked that, prior to next week's meeting, the
Commissioners drive around town, considering what areas are highly industrial or commercial areas.
He suggested that locating the landfill in one of those areas would result in less impact overall.
Mayor Youngman encouraged the public to turn in any additional comments in writing prior to
next week's meeting.
City Manager Johnson cautioned that this is a short work week, so staff will be unable to
provide any responses which require additional time or research. He stated that staff has done a good
job of providing options; and if additional work is needed on the figures provided, further discussion
will need to be continued to January or February.
Director of Public Service Arkell stated the main purpose of this public review was to provide
estimated timeframes and costs for the various options.
. Responding to que'stions from Commissioner Frost, City Attorney Luwe stated that any
proposals for development near the landfill must be considered individually, based on the facts and
the law at the time, and acknowledged there may be a potential for denying such requests.
The Commissione,rs indicated that they wish to receive additional information and responses
from staff at least a week prior to making a decision, stressing that at some point the information to
be considered must be stopped.
The Commissioners concluded by thanking staff for the additional information.
AODointments to Senior Citizens Advisorv Board
Included in the Commissioners' packets was a memo from Deputy Clerk of the Commission
DeLathower, dated November 2, forwarding a revised list of applicants for this board.
It was moved by Commissioner Brown, seconded by Commissioner Frost, that Byron McAllister
be appointed to replace Harvey A. Larson and Harold West be appointed to replace Charles Stablein
on the Senio,r Citizens- Advisory Board, with initial terms to expire on December 31 , 2002. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Brown,
Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff and Mayor Youngman; those
voting No, none.
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Pledaed Securities as of SeDtember 30. 2000
. In compliance with the provisions of Sections 7-6-201 to 7.6-212. Montana Code Annotated,
Commissioner Kirchhoff and Commissioner Brown have examined the receipts of Depository Bonds
and Pledged Securities held by the Director of Finance as security for City funds deposited in Bozeman
banks.
Commissioner Brown reported that the inventory of Depository Bonds and Pledged Securities
was found to be in order.
It was moved by Commissioner Smiley. seconded by Commissioner Kirchhoff, that the
Commission approve the Pledged Securities as of September 30. 2000, listed as follows:
DEPOSITORY BONDS AND SECURITIES
SEPTEMBER 30, 2000
RATE MATURITY RECEIPT NO. TOTAL AMOUNT
AMERICAN BANK. Bozeman
Repurchase Agreement Account
Trusteed with American Bank, N .A.:
. Federal Home Loan Mortgage Co. 5.985% 06/15/2001 2000-03.188 1.121.000.00
Sub-Total $ 1.121.000.00
All Other Accounts
Federal Deposit Insurance Corporation $ 100,000.00
Trusteed with American Bank. N.A.:
Federal Home Loan Bank 5.33 02/04/2002 276006321 250,000.00
5.33 02/04/2002 276006322 250,000.00
5.33 02/04/2002 276006323 250.000.00
6.45 09/07/2001 341003004 500.000.00
5.33 02/04/2002 276006325 250.000.00
Sub-Total $ 1,500.000.00
TOT AL - American Bank - Bozeman $ 2.721.000.00
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This is to certify that we, the Commission of the City of Bozeman, in compliance with the provisions
. of Section 7-6-207, M.C.A., have this day certified the receipts of the American Bank, N.A., for the
Depository Bonds held by the Director of Finance 'as security, for the deposit for the City of Bozeman
funds as of September 30, 2000, by the banks of Bozeman and approve and accept the same.
MARCIA B. YOUNGMAN, Mayor
JARVIS H. BROWN, Commissioner JOE N. FROST, Commissioner
STEVEN R.. KIRCHHOFF, Commissioner SANDRA L. SMILEY, Commissioner
The motion carried by the following Aye and No vote; those voting Aye being Commissioner Smiley,
Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost and Mayor Youngman; those
voting No, none.
Consent Items
. City Manager Johnson presented to the Commission the following Consent Items.
Acknowledae receiDt of staff reDort - reauest for annexation of 1.608 acres described
as Lot 21. Gordon Mandeville State School Section Subdivision (east and south
of Meadow Lane. north of Griffin Drive) (Richard Maus) (A~0006)
Commission Resolution No. 3410 - intent to annex 1.608 acres described as Lot 21.
Gordon Mandeville State School Section Subdivision (east and south of Meadow
Lane. north of Griffin Drive): set Dublic hearina for December 4. 2000
COMMISSION RESOLUTION NO. 3410
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA.
DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE
INHABIT ANTS THEREOF AND THE INHABIT ANTS OF A TRACT
OF LAND
CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARLY
DESCRIBED. TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO
INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF.
Reiect all bids for tub arinder and used trommel screen: authorize staff to rebid
A ward contract for desianina reconstruction of the Old ODera House Arch and
subseauent landscaDe work in SoroDtimist Park to Scott Doss. continaent UDon
. aDDroval from Montana DeDartment of TransDortation
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Authorize Mayor to sian - Findinas of Fact and Order - Amended Subdivision Plat of
. Lots 1 and 2. Block D. Rouse Addition: Tracts A and B. COS No. C-23-A9:
Tract 3. COS No. 2066: all of Block 31. Northern Pacific Addition. which
includes Tract 2. COS No. 206~: and that part of Ida Avenue and all of the alley
adioinina Block 31 of Northern Pacific Addition (northwest corner of intersection
of East Main Street and Broadway Avenue) (P-0026)
Authorize Mavor to sian - Findinas of Fact and Order - Preliminary plat for Annie
Subdivision. Phase III - Roaer and Rosalind Smith - subdivide 16.35 acres
described as Lot 1. Annie Subdivision. Phase II. into 33 sinale-family lots and
12 multi-family lots (northeast corner of intersection of Durston Road and
North 25th Avenue) (P-0032)
Application for Liauor License - Spanish Peaks Brewina Company. 14 North Church
Avenue (transfer of location): continaent upon receipt of State license
. Commission Resolution No. 3411 - authorize City Manaaer to sian Chanae Order No.
3 for breakroom addition to landfill buildina - Walker Construction. Inc..
Bozeman. Montana - add $458.65 and 0 calendar days
COMMISSION RESQLUTION NO. 3411
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN. MONTANA.
APPROVING AL TERA TION/MODIFICA TION OF CONTRACT WITH WALKER
. CONSTRUCTION. INC.. BOZEMAN, MONTANA.
Commission Resolution No. 3412 - authorize City Manaaer to sian Chanae Order No.
4 for breakroom addition to landfill buildina - Walker Construction. Inc.,
Bozeman. Montana - add $319.36 and 2 calendar days
COMMISSION RESOLUTION NO. 3412
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA.
APPROVING AL TERA TION/MODIFICA TION OF CONTRACT WITH WALKER
CONSTRUCTION, INC., BOZEMAN. MONTANA.
Commission Resolution No. 3413 - authorize City Manaaer to siem Chanae Order No.
5 for breakroom addition to landfill buildina - Walker Construction. Inc..
Bozeman. Montana - add $2.295.90 and 2 calendar days
COMMISSION RESOLUTION NO. 3413
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA.
APPROVING AL TERA TION/MODIFICA TION OF CONTRACT WITH WALKER
. CONSTRUCTION, INC.. BOZEMAN, MONTANA.
Commission Resolution No. 3414 - establishina public hearina on application for tax
. reduction from Lattice Materials Corporation for December 4. 2000
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COMMISSION RESOLUTION NO. 3414
. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
ESTABLISHING A PUBLIC HEARING TO HEAR PUBLIC COMMENT
ON THE
APPLICATION OF LATTICE MATERIALS CORPORATION FOR TAX REDUCTION UNDER
SECTION 15.24-1401, ET SEa, MONTANA CODE ANNOTATED AND CITY OF
BOZEMAN COMMISSION RESOLUTION NO. 2660.
Authorize City Manaaer to sian - Acceptance of Public Street Easement - 360 Ranch
Corporation - 1.333.88 feet by 41.01 feet for Cottonwood Road throuah the
Valley West Annexation
Authorize City Manaaer to sian - Acceotance of Public Street Easement - David F.
Norton - 1,.333.81 feet bv 18.99 feet for Cottonwood Road throuah the Valley
West Annexation
Authorize City Manager to sian - Acceotance of Sewer and Water Pipeline and Access
Easement and Aareement - Doualas Lance Smith - 30-foot-wide easements
across a tract of land located in Section 3, T2S, R5E. MPM (from Flanders Mill
Road east for the Valley West trunk lines)
Ratify City Manaaer's sianature - Acceptance of Sewer Line Easement Aareement -
Joan Lewis and McDonald Land Comoany Limited Partnership -30-foot-wide
easement across tract in E1f2. W"h. SEY-. and W"h , W"h. E"h. SEY-.. Section 3,
. T2S, R5E. MPM (for the Valley West trunk lines)
Authorize City Manager to sign - Agreements with Green-Pro Tree. Lawn. Snow.
Belgrade, Montana. and Sleepy Hollow Service. Bozeman. Montana - sidewalk
snow removal services for upcomina winter season
Authorize City Manager to sian - Professional Services Aareement with Morrison-
Maierle, Inc., Bozeman, Montana - improvements to the Burrup Lift Station
Claims
It was moved by Commissioner Kirchhoff. seconded by Commissioner Brown, that the
Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to
complete the necessary actions. The motion carried by the following Aye and No vote: those voting
Aye being Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost, Commissioner Smiley
and Mayor Youngman; those voting No, none.
Recess - 5:45 pm
Mayor Youngman declared a recess at 5:45 pm, to reconvene at 7:00 pm, for the purpose of
conducting the scheduled public hearings.
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Reconvene - 7:00 D.m.
. Mayor Youngman reconvened the meeting at 7:00 pm, for the purpose of conducting the
scheduled public hearings.
Public hearina - reauest for creation of residential Darkina district near Bozeman Senior Hiah (West
Lamme Street between North 9th and North 11th Avenues and North 10th Avenue between West
Lamme and West Villard Streets)
This was the time and place set for the public he~ring on a request for creation of a residential
parking district near Bozeman Senior High. The proposed parking district is to be located along both
sides of West Lamme Street between North 9th Avenue and North 11 th Avenue and North 10th
Avenue between West Lamme Street and West Villard Street.
Mayor Youngman opened the public hearing.
Mr. Christopher Williams posted a map showing the proposed residential parking district, noting
that questions have been raised about why the district includes only a two-block section of West
Lamme Street and a two-block section of North 10th Avenue. He noted that his letter dated October
25 provides statistical information on the numbers of vehicles parked along those segments both
during the day and the evening. He characterized these as the most heavily impacted streets in the
area, with residents being unable to park on the street during the day when school is in session. He
recognized that creating the residential parking district may result in pushing the impacts onto other
streets, and indicated a willingness to work with those residents for inclusion in the district if it
. becomes a problem.
Mr. Williams proposed that the parking restrictions be effective from 8:00 a.m. to 5:00 p.m.
on Mondays through Fridays, exclusive of holidays. He suggested that all parking permits, visitor
permits and commercial parking permits be at no cost and that enforcement be reactive rather than
proactive.
Mr. Williams noted that Section 10.32.350.A. of the Bozeman Municipal Code sets forth four
criteria which must be met for creation of a residential parking district. He reviewed those criteria,
and stated he believes this proposal meets all of those criteria. He stated that, in addition to the noise
resulting from the additional traffic, the biggest single problem is litter. He noted that students often
go through a drive-in for lunch, depositing their litter on the curb or in the street when they finish.
He stated one of the residents provides a trash receptacle at the corner; but the students don't use
it.
Mr. Williams noted that, when the residential parking district was proposed around the
university campus, MSU provided alternative parking for the students. He stated, however, that the
Bozeman School Board has chosen to not taking any action, except to provide bussing as an
alternative.
Responding to Commissioner Kirchhoff, Mr. Williams stated that, at the present time, other
streets in the area are not being as heavily impacted by the students as the two streets under
. consideration. He suggested that, until a residential parking district is created and the problem is
spread further out into the community, it is probably not possible to create a larger parking district
than what has been proposed.
11-06-2000
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Responding to Commissioner Smiley, Mr. Williams stated that, while students are now parking
in the Hastings Shopping Center parking lot, the School District has not entered into an agreement
. with the shopping center for that use.
Responding to Commissioner Frost, Mr. Williams estimated that the petition of request for
creation of the district contained the signatures of 50 percent of the property owners. He noted that,
attached to his letter, he included a petition with the signatures of residents in the area, and stated
that during his collection of those signatures, he found one in opposition and one not interested in
signing.
Mr. Dave Nerlin, 116 North 9th Avenue, stated he has encountered parking problems in his
area, which is outside the proposed district. He noted that these problems arise from students,
employees in the area and several houses being rented to college students. He expressed concern that
creating the proposed parking district will further impact their street and potentially spread the problem
as far as North 7th Avenue.
Mr. Clayton Schievelbein, 203 North 10th Avenue, stated his property is located in the middle
of the proposed district; and he has resided there for nearly 31 years. He stated the parking is
"getting worse every day"; and if he hires work to be done at his home, the people must either be
there before 7:30 a.m. or after 4:00 p.m. He noted that trash is one of the primary problems, stating
he has put a trash can at the corner and one near his garage; and the students continue to throw their
trash on the ground. He noted that solving the parking problem would also solve his trash problem.
He concluded by stating that, since he's on a corner lot, he should be entitled to at least one on-street
parking space during the day.
. Dr. Bob Hawks, 703 West Koch Street, noted his office is located 102 South 11 th Avenue,
which is on the other side of West Main Street from the high school. He stated the parking problem
is much wider spread than has been suggested, noting that the streets are full of parked cars for two
blocks south of Main Street. He voiced his sympathy for the residents along the streets proposed for
inclusion in the district, but encouraged the Commission to recognize that the problem is a widespread
one that needs a comprehensive solution.
Dr. Ken Spain stated his office has been located 108 North 11 th Avenue for the past 26 years,
and he is concerned that a localized parking district will only compound the problems. He suggested
that, rather than creating the proposed parking district, it may be more appropriate for people in the
area to meet, with City staff guidance, to identify a solution that everyone can live with. He noted
that the area has tried to live with the parking situation, but the School District has abdicated its
responsibility for providing parking for the students and has further compounded the problem by
eliminating yet another grade from parking in the parking lot that they have provided. He concluded
by noting that the high school is actually a county school and suggested that the County be
approached for funding of additional parking for the school.
Mr. Willie Douma, 910 West Lamme Street, stated litter is one of his big concerns. He noted
he is also concerned about the value of his property decreasing because of the parking situation. He
stressed the importance of recognizing the negative impacts created by students parking on the
streets in this area, and asked the Commission to help alleviate that problem.
. Mrs. Christine McConnen, 919 West Lamme Street, stated her family has lived at this address
for the past 4 Y2 years. She noted that this is their first home, and she and her husband looked at it
at night and moved in over Christmas vacation. She stated their car has been hit while parked in their
11-06-2000
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driveway and on the street; they have had students sit on their front steps and smoke; and garbage
. is a continuing problem. She stated the students have no respect for the residents or their property;
and, with her two small children, she is concerned about the traffic and the language to which they
are exposed. She concluded by voicing her disappointment that, to date, no one has taken
responsibility for control of the situation; rather, it has been up to the neighborhood to try to address
the issue.
Mr. Mark Baldwin, 426 North 10th Avenue, stated his concurrence with the comments of the
previous speakers who have encouraged the Commission to recognize this is a much wider spread
problem that has been suggested.
Mr. Christopher Williams noted the Commi~sioners may either create the district as proposed,
deny the district, or direct staff to work with the residents to identify a solution.
Commissioner Frost voiced his preference for addressing the comprehensive problem, rather
than addressing it one street at a time, and suggested that the Commission not act on this request
until a comprehensive solution is proposed. He also feels the School District should take responsibility
for its parking issues.
Mayor Youngman noted that the Commission has heard people from north, south and east of
the proposed parking district identify parking problems, and indicated her support for Commissioner
Frost's suggestion. She also voiced concern about the proposal for a free district, questioned the
wisdom of a reactive program, and requested staff input on the costs of running such a program.
. City Manager Clark Johnson cautioned that if this district is to be enforced by complaint, it is
important to recognize that parking infractions are a low priority for patrol officers; and the result
could be frustrating to residents.
Commissioner Smiley stated she lives on the eastern edge of the MSU parking district, and
stressed the importance of creating a district that is properly sized. She suggested that the VISTAs
work with the neighbors to identify a 'reasonable solution. She concluded by stating the School
District should be encouraged to meet its obligations.
Mayor Youngman stated her support for the VISTAs facilitating the neighborhood discussion,
noting that extending the district to North 7th Avenue seems to make sense.
Commissioner Brown stated his concurrence with the previous Commissioner comments
regarding creation of a larger district and the School District meeting its obligations. He noted that
the City also has the parking for its swimming pool to consider, particularly in light of the lack of
parking for that facility. He concluded by stating he is not ready to act on this proposal. which he
views as "a tiny piece of the puzzle".
City Manager Johnson noted that the School District has worked with the City over the past
year or so to address the Swim Center's parking problems. He noted that the students have now gone
to self-policing; and seniors are the only ones allowed to park in the parking lot. He stated that many
of the students are now parking in the Hastings Shopping Center parking lot; and the students are
working with the owner of the private property across the street from the High School to reach an
. arrangement for use of that property as a parking area. He recognized the importance of a
comprehensive plan for the whole area, and getting the students and the School District to assume
a role in the process.
11-06-2000
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Mayor Youngman stated she is receptive to working with the residents, the students and the
School to resolve the problems. She also indicated the City would be willing to write a letter to the
. students and the School, and suggested that an article in the Hawk Tawk might help. She asked that
those residents who are willing to work on a solution sign their names, addresses and telephone
numbers on a sheet of paper, and indicated that thl;! VISTAs will help organize a meeting to work on
this issue.
Dr. Ken Spain suggested that if a group, including a City representative, went to the School
Board, it could have the needed impact. He noted that at one time, the School District had the money
to address the parking issues, but tabled spending those monies.
Since there were no Commissioner objections, Mayor Youngman closed the public hearing.
It was moved by Commissioner Brown, seconded by Commissioner Frost, that action on this
requested residential parking district be tabled indefinitely. The motion carried by the following Aye
and No vote: those voting Aye being Commissioner Brown, Commissioner Frost, Commissioner
Smiley, Commissioner Kirchhoff and Mayor Youngman; those voting No, none.
Public hearina - COA with deviation from Section 18.50.050 of the Bozeman MuniciDal Code to allow
reorientation of aaraae which will encroach 9 feet into reauired 10-foot rear yard setback on Lots 1-3,
Block 10, Butte Addition - Kate Little and Ron TharD. 1001 South Grand Avenue (Z-0147)
This was the time and place set for the public hearing on a Certificate of Appropriateness, as
requested by Kate Little and Ron Tharp under Application No. ZoO 147, with a deviation from Section
. 18.50.050 of the Bozeman Municipal Code to allow reorientation of a garage which will encroach 9
feet into the required 10-foot rear yard setback on Lots 1-3, Block 10, Butte Addition. The subject
property is more commonly known as 1001 South Grand Avenue.
Mayor Youngman opened the public hearing.
Historic Preservation Planner Strahn presented the staff report. He stated that under this
application, the garage is to be rotated, to allow for access from the alley rather than from Cleveland
Street. He noted that, in conjunction with rotation, the garage is to be placed on a new foundation
and slab, the existing driveway is to be replaced with a new driveway, and additional on-site
landscaping is to be provided.
The Historic Preservation Planner stated that staff has reviewed this application in light of the
criteria set forth in the zone code, and staff's comprehensive findings are contained in the written staff
report. He concluded by forwarding staff's recommendation for approval, subject to the boilerplate
conditions.
Mr. Rich Noonan, architect representing the applicant, indicated a willingness to respond to
questions.
Since there were no Commissioner objections, Mayor Youngman closed the public hearing.
. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the Certificate
of Appropriateness, as requested by Kate Little and Ron Tharp under Application No. Z-0147, with
a deviation from Section 18.50.050 of the Bozeman Municipal Code to allow reorientation of a garage
11-06-2000
.
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which will encroach 9 feet into the required 10-foot rear yard setback on Lots 1-3, Block 10, Butte
. Addition, subject to the following conditions:
1. The applicant shall obtain a building permit within one year of Certificate of
Appropriateness approval or this approval shall become null and void.
2. This project shall be constructed as approved and conditioned in the Certificate
of Appropriateness application. Any modifications to the submitted and
approved drawings shall invalidate the project's approval unless the applicant
submits the proposed modifications for review and approval by the Planning
Office prior to undertaking said modifications, as required by Section 18.62.040
of the Bozeman Zonil'\g Ordinance.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost,
Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown and Mayor Youngman; those
voting No, none.
Public hearina - COA to allow demolition of ex!stina cinder block aaraae building and construction of
new 1 ,050-sauare-foot rear addition with revisions to Darkina confiauration on lots 16 and 17 , Block
D, Black's Addition, and deviations from Section 18.50.110 to allow reconfiauration of Darkina which
results in extension of existina 9-foot-wide Darkina lot aisle rather than the reauired 15-foot-wide aisle,
reduction in aisle width/turnina radius for handicaDDed accessible SDace from 26 feet to 14 feet. and
new handicaDDed accessible Darkina SDace which backs into 14-foot-wide Dublic alley - Bayliss Ward,
212 South Tracy Avenue (Z-0146)
. This was the time and place set for the public hearing on a Certificate of Appropriateness, as
requested by Bayliss Ward under Application No. Z-0146, to allow demolition of an existing cinder
block garage building and construction of a new 1,050-square-foot rear addition with revisions to
parking configuration on Lots 16 and 17, Block D, Black's Addition, and deviations from Section
18.50.110 to allow reconfiguration of parking which results in extension of an existing 9-foot-wide
parking lot aisle rather than the required 15-foot-wide aisle, reduction in aisle width/turning radius for
handicapped accessible space from 26 feet to 14 feet, and a new handicapped accessible parking
space which backs into 14-foot-wide public alley. The subject property is more commonly located at
212 South Tracy Avenue.
Mayor Youngman opened the public hearing.
Historic Preservation Planner Strahn presented the staff report. He stated that the applicant
is proposing to construct a new porte cochere and' a new 1 ,050-square-foot-rear addition, demolish
an existing non-historic cinder block garage, reconfigure on-site parking and extend a non-conforming
drive aisle. The Historic Preservation Planner characterized this as an interesting project that has
evolved over the past year. He noted the initial proposal was for a front addition; however, in light
of concerns voiced about protecting the historic significance of this property and the historic
streetscape, the applicant: has proposed a rear addition. He stated that, since the submittal of this
application, the applicant has submitted revisions 1hat eliminate the need to back into the alley from
the handicapped parking space. Under the neyv proposal, the drive aisle will "y", to allow access to
. the alley at two points; and when the space is not in use, it can serve as a quasi patio area for
employees. He indicated that the applicant has also submitted new drawings for the rear addition,
11 ~06-2000
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and conditions have been recommended to ensure that inconsistencies be resolved prior to issuance
of a building permit.
. The Historic Preservation Planner stated that, as a result of the changes that have been made
since the submittal of this application, the only deviation now needed involves extension of the
existing 9-foot-wide driving aisle. He noted that staff has determined, following review of the site and
the application, that the driving aisle is an important character-defining feature of the property and
lends to its historic integrity. On that basis, staff has determined its extension would be justifiable
and would allow for continued re-use of this site.
The Historic Preservation Planner stated that staff has reviewed the proposed addition in light
of the Secretary of Interior's Standards; and those standards indicate an addition is to be located at
the rear of the structure and that an attempt should be made to make it clear what is historic and
what is new.
Historic Preservation Planner Strahn stated that, following its review of this application in light
of the applicable criteria, staff has forwarded a recommendation for approval, subject to several
conditions. He stressed that one of those includes ensuring the basement apartment is not occupied
since the site is tight on the number of parking spaces provided.
Commissioner Frost cautioned that the light fixture depicted in the plans does not meet the
zone code requirements.
Mr. Bayliss Ward, applicant, stated the subject house was built in 1915. He voiced his interest
in not provi.ding concrete curbing along the entire driveway and parking area, cautioning that to do so
. could damage some of the trees and detract from the residential feel.
The Historic Preservation Planner recognized that minimizing the intensity of the parking lot
would be beneficial, particularly in light of the historic value of this property.
Since there were no Commissioner objections, Mayor Youngman closed the public hearing.
It was moved by Commissioner Smiley. seconded by Commissioner Kirchhoff, that the
Certificate of Appropriateness, as requested by Bayliss Ward under Application No. Z-0146, to allow
demolition of an existing cinder block garage building and construction of a new 1,050-sQuare-foot
rear addition with revisions to parking configuration on Lots 16 and 17, Block D. Black's Addition, and
deviations from Section 18.50.11 0 to allow reconfiguration of parking which results in extension of
an existing 9-foot-wide parking lot aisle rather than the required 15-foot-wide aisle, reduction in aisle
width/turning radius for handicapped accessible space from 26 feet to 14 feet, and a new
handicapped accessible parking space which backs into 14-foot~wide public alley. be approved, subject
to the following conditions:
1. The existing water service must be brought into compliance with current
backflow requirements. as per the recommendations of the City Water/Sewer
Superintendent.
2. As per Section 18.50.035.D of the Bozeman Zoning Ordinance, a permanent
. enclosure for the temporary storage of garbage, refuse and other waste
materials shall be provided on the site. The location for and detail of the trash
enclosure shall be shown on the final site plan, with the location and enclosure
11 ~06-2000
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. 18 .
complying with the Zoning Ordinance and City standard enclosure sizes. For
City of Bozeman garbage collection service, the trash enclosure location(s) and
. size shall be approved by the City Sanitation Division prior to final site plan
approval. For private garbage collection service, a copy of the proposed final
site plan showing the enclosure location(s) and size shall be submitted to the
private company for their review and approval. A copy of the proposed site
plan which has been ace roved and sianed by a representative of the private
company shall be submitted with the final site plan application.
3. The final site plan shall conform to all requirements of the Bozeman Zoning
Ordinance, be adequately dimensioned (e.g. provide dimensions of typical
parking space, regular and disabled, access widths, driving aisle widths,
sidewalk widths, boulevard widths), and in addition to the information shown
on the preliminary plan, shall show the following:
A. The percentage and square footage of driveway and parking
areas;
B. As necessary, a revised detailed plan of all parking facilities;
including circulation aisles, access drives, bicycle racks, compact
spaces, handicapped spaces, and motorcycle parking.
C. With respect to parking requirements:
1. a note indicating that all parking spaces will be
. painted wit'h a 4.inch wide stripe; and,
2. any and all curbing around the perimeter of the
.
proposed landscaped areas shall be adequately
identified. (See condftion below)
D. The location and size of all water and sewer lines, mains, and
easements, al1d fire hydrants within , 00 feet of the property,
both existing and proposed, for the rehabilitated historic building.
The location of the domestic water line inside the buildings, with
its corresponding size, must be accurately shown, and approved
by the City Water Department.
E. Landscaping: All requirements of the landscape section of the
Zoning Ordinance shall be complied with, including, but not
limited to: preparation and certification of the final landscape
plan by a qualified individual; a table and/or narrative indicating
how the landscape plan meets the required points; that parking
between the structure and streets are screened as required by
Section 18.50.100.D.5:cii.A.2.
4. Lighting: The final site plan shall show the location for and detail of any and
. all proposed lighting, including wall.mounted and/or signage lighting, as well as
information pertaining to any lighting to be removed. Lighting must be arranged
to deflect light down and away from adjoining properties and must not detract
".06-2000
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from driver visibility on adjacent roads per requirements outlined in Sections
18.50.035.A.1 and 18.50.120.B.9.
. 5. Parking Lot Curbing: As per requirements
outlined in Section
18.50.11 O.A. 11. b, concrete pin-down wheel stops shall be required as an
alternative to continuous concrete curbing in front of parking spaces which front
on the perimeter of the parking lot. Continuous concrete curbing shall be
required as deemed necessary by the City Engineer.
6. All utilities and mechanical equipment located outside of either building shall be
identified and located on the final site plan, and shall be screened per Section
18.50.070.E, Bozeman Zoning Ordinance. This includes any proposed roof
mounted mechanical equipment.
7. Accurate, dimensioned details of the domestic water meter locations inside each
building shall be clearly indicated on each building permit application for each
structure, with the location subject to
approval by the Water/Sewer
Superintendent.
8. A temporary form of the street address shall be displayed at all times during
construction of the structures, and a permanent address shall be displayed on
the site or structure upon completion of the development.
9. The applicant shall certify in writing that the required on-site improvements
have been installed according to the approved final site plan, prior to issuance
. of an occupancy permit by the Building Department. Required on-site
improvements which may be financially guaranteed prior to issuance of an
occupancy permit may include landscape, landscape irrigation, fences, project
identification signs, refuse screening, or other improvements approved by the
DRC. The decision on which improvements that may be financially guaranteed
shall be based on a finding that unsafe or hazardous conditions will be not be
created or perpetuated without the installation of certain improvements, or that
the property will not have an unacceptable adverse impact on adjoining
properties until such improvements are installed.
10. Drive approach and public street intersection sight triangles shall be free of
plantings which at mature growth will obscure vision within the sight triangle.
11. In an attempt to minimize the impacts of this proposal on abutting properties
and better ensure public heath safety and welfare, the proposed handicapped
accessible parking space shall be reconfigured as proposed and submitted by
the applicant on October 25, 2000. Prior to the issuance of a final site plan,
the applicant shall:
A. Receive permission from the Director of Public Service to relax
the drive access requirements to allow the proposed one-way
drive accesses to be less than the required 16 feet in width; to
. reduce the drive access spacing on the existing alley; to allow for
a one-way drive access to be less than five feet from the
southern property line; and to allow two drive access points on
11-06-2000
- 20 -
the alley to the east of the property in question instead of one,
as per Section 18.S0.1 00.H.1;
. B. Ensure that the reconfigured drive aisle and handicapped
accessible parking space access comply with the street vision
triangle requirements outlined in Section 18.50.080 of the
Bozeman Zoning Ordinance;
C. Develop appropriate signage to ensure public safety. Necessary
signage shall be designed reviewed by the Department of
Planning and Community Development. The applicant must
obtain a sign permit for any and all proposed signage, and the
proposed signage must be in compliance with Section 18.65 of
the Bozeman Municipal Code;
12. The existing basement shall be utilized for storage purposes only. Any
utilization of the basement area for other purposes shall require additional
review and approval by the Department
of Planning and Community
Development, including the creation of additional on-site parking and/or the
receiving of additional deviations from the City Commission.
A. The applicant shall provide written verification to the Department
of Planning and Community Development that the basement
apartment and related cooking facilities have been removed, prior
to the issuance of a building permit;
. B. The applicant shall provide written verification that any and all
office space in the existing basement has been eliminated, prior
to the issuance of a building permit;
c. A floor plan of the basement level shall be provided to the
Department of Planning and Community Development for in-
house review and approval prior to the issuance of a building
permit;
13. Prior to the issuance of ,a building permit: the applicant shall submit a full set of
corrected architectural drawings for- the in-house administrative review and
approval of the Department of Planning and Community Development. The
applicant shall:
A. Eliminate any and all inconsistencies between the submitted site
plan and floor plan and accurately relate the proposed elevations
to both. Any and all further modifications to the proposed
elevations shall be subject to. the administrative review and
approval of the Historic Preservation Planner;
\
B. Confirm the total amount of square footage for the proposal
. (with a breakdown of the amounts devoted to specific uses) so
that an accurate assessment of needed on-site parking spaces
can be calculated as outlined in Section 18. Sq.050; and
11-06-2000
~ 21 ~
C, Provide the appropriate number of parking spaces on site and/or
with an approved cash in lieu option, with the specific number of
. spaces required to be determined by the Department of Planning
and Community Development once deviations are granted/deni!3d
by the City Commission. The amount necessary for each space
shall be calculated as per officially approved standards. "
14. In an attempt to better relate the proposed rear addition to existing historic
building, the applicant shall:
"A. With the assistance of the Historic Preservation Office, attempt
to locate a supply of the rough-quarry faced (clinker) brick that
closely matches that found on the existing building for utilization
as an alternative to the proposed slate. If a closely matching
alternative cannot be ,located, the applicant may utilize the
proposed slate as proposed;
B. Mimic the exposed rafter tails found on the existing building on
the proposed rear addition sky roof system to the greatest extent
possible.
C. Provide color and material samples for the review and approval
of the Historic Preservation Officer, prior to the issuance of a
building permit.
. 15. The applicant shall obtain a building permit within one year of Certificate of
Appropriateness approval or this approval shall become null and void.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley,
Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost and Mayor Youngman; those
voting No, none.
Public hearina - Conditional Use Permit ~ allow installation of 160-foot larae scale broadcast tower on
Tract 15, Northeast Annexation - KMMS for Grea and Melinda Poncelet (624 East Griffin Drive)
(Z-00140)
This was the time and place set for the public hearing on a Conditional Use Permit re~uested
by KMMS for Greg and Melinda Poncelet, under Application No. Z~00140, to allow the installation of
a 160~foot large scale broadcast tower on Tract 15, Northeast Annexation. The subject property is
more commonly located at 624 East Griffin Drive.
Mayor Youngman opened the public hearing.
Assistant Planner Jami Morris presented the staff report. She stated that the subject property
is located along the south side of Griffin Drive, east of its intersection with North Rouse Avenue; and
it currently contains some structures and accessory buildings. She noted that, under this application,
. a 160.foot antenna and a building for electronic equipment would be constructed on the site.
11 ~O6~2000
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The Assistant Planner stated that this project was approved in May 1998; but the final plan
was not submitted prior to that approval lapsing. She noted that staff has reviewed this application
. in light of the criteria set forth in the zone code, and staff's comprehensive findings are contained in
the written staff report. She stated that, based on their findings, staff has recommended approval of
the application, subject to fifteen conditions. She briefly highlighted those conditions, which address
some of the issues and concerns identified during that review.
Responding to Commissioner Brown, the Assistant Planner stated that a total of three antennae
may be placed on the tower.
Responding to Commissioner Frost, the applicant's representative indicated that, since the
tower is less than 200 feet tall, ,the FCC requirement for a red blinking light does not apply and, as
a result, there will be no lights on it.
At Mayor Youngman's request, Assistant Planner Morris provided responses to some of the
concerns raised in Stuart Jennings' letter of protest, dated November 1. She indicated that many of
the issues identified are either not applicable or are addressed by the FCC.
Mayor Youngman questioned whether the impacts this tower may have on historic sites had
been adequately considered, particularly since it will be visible from various historic sites in the area,
including The Mill and the historic trail.
Assistant Planner Morris stated that impacts on surrounding historic properties were not
considered; rather, she suggested that the criteria apply to any historic structures on the subject site.
. Mr. Per Hjalmarsson, C&H Engineering, stated the applicant has submitted this application
because Reier Broadcasting has terminated the lease for the existing tower on Kagy Boulevard. He
stated the new tower is to be 160 feet tall and 18 inches square. The tower is to be constructed in
three portions and will not be a solid mass, so one will be able to see through it at a distance. He
stated the tower is to be located 600 to 700 feet from North Rouse Avenue and 300 feet from
Bozeman Creek. He noted that a study has already been completed to meet FCC requirements, and
those items have been addressed as well as the zone code requirements. He concluded by noting that
no floodplain issues are involved in this location; and no sound will be emitted from the tower.
Responding to Commissioner Frost, Mr. Greg Poncelet, owner of the property, stated there are
three security lights which automatically come on at night on the site at this time.
Mrs. Cindy Mernin, 1311 Hillside Lane, asked if any consideration has been given to using
some of The Mill silos for the antennae, since using them could minimize the visual impacts. She
suggested that the subject property should be re-evaluated for floodplain and wetlands designations,
noting that some of the delineations are not accurate. She also expressed concern about the pollution
that is occurring from asphalt trucks parked on adjacent properties and the smell coming from what
is supposedly a clean lanqfill area.
Mr. Greg Poncelet noted that those concerns pertain to the Sebena property which is adjacent
to his. He stressed that there are no wetlands on his property. He stated that he has worked to clean
up and improve his property, hauling away broken concrete and old refrigerators, building berms,
. seeding grass and planting trees. He noted that many of the trees on his property are approaching
100 feet tall, which should minimize the visual impacts of a tower.
11-06-2000
______.__.u
- 23 -
Mr. David Cavinaugh. representing the applicant. reminded the Commission that this application
was approved two years ago. He noted that all of the issues in Mr. Jennings' letter have been
. addressed. either through the FCC review process or this zoning process. He concluded by
characterizing this as the optimal site for a tower.
Responding to Mayor Youngman. Mr. Cavinaugh estimated the height of the towers on
Johnson Road at 300 + feet and the tower on top of Story Hills at 200 + feet. He indicated that the
tower to be constructed under this application is more like a cellular tower and is to be a dull gray
color.
Since there were no Commissioner objections. Mayor Youngman closed the public hearing.
Commissioner Frost proposed that Condition No. 1 be amended to include a requirement for
acceptable boulevard trees and asked that the thr;ee lights on site be brought into compliance with the
zone code.
It was moved by Commissioner Brown. seconded by Commissioner Frost. that the Conditional
Use Permit requested by KMMS for Greg and Melinda Poncelet. under Application No. Z-0140. to
allow the installation of a 160-foot large scale broadcast tower on Tract 15. Northeast Annexation.
be approved. subject to the following conditions:
1. The owners shall record with the County Clerk and Recorder's office exec'uted
waivers of right to protest creation of SIDs for the following:
a) A city-wide parks maintenance district: and
. b) Street improvements including paving. curb/gutter. sidewalk.
boulevard trees. storm drainage. and any associated traffic
signals for Griffin Drive and Rouse Avenue.
2. The location of the Yellowstone pipeline easement shall be depicted on the final
site plan.
3. The property owners or their representative shall provide a plan of operations
for the existing motor coach. charter business prior to final site plan approval.
The plan shall include. but not be limited to: number of employees. number of
buses.. details relating to bus maintenance and washing. and a grade and
drainage plan. The plan shall be subject to review and approval by the
Engineering and Planning Departments.
4. All lighting. including the three security lights currently on the site. shall be in
compliance with Section 18.50.035.A. Glare and Lighting. and shall deflect
light down and/or away from any adJoining residential district and shall not
detract from driver visibility on adjacent streets. prior to final site plan approval.
5. A statement of whether the proposed facility is exempt or non-exempt from
environmental review under the rules of the FCC. If the facility is claimed to be
. exempt. a detailed and specific citation to the rules of the FCC indicating the
section which details the relevant exemption provisions shall be included. If the
facility is not exempt from environmental review. a copy of the environmental
11-06-2000
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. 24 -
review and the approval from the FCC for the site shall be provided to the City
of Bozeman prior to the issuance
of a building permit, per Section
. 18.57.040.A.1.
6. Per Section 18.57.040.A.2, if the facility is claimed to be exempt from
environmental review, a statement shall be provided, under oath and notarized,
that the proposed or existing facility does or will comply with FCC radio
frequency. emission guidelines for both
general population/u ncontrolled
exposures and occupational/controlled exposures as defined in the FCC rules.
The provision of false information shall result in the immediate revocation of
permits or approvals granted upon the basis of the false information and the
cessation of operation of the offending facilities.
7. A buildirig permit shall be obtained
prior to the installation of any
telecommunications facility. The structural design for all antenna support
structures 10 feet or greater in height or which have attached more than four
square feet of total antenna area shall be certified by a professional structural
engineer licensed to practice in
the State of Montana, per Section
18.57.040.A.3.
8. All small scale broadcast facilities and large scale broadcast facilities shall meet
or exceed current standards and regulations of the FCC, FAA, and any other
agency with the authority to regulate towers and antennas. Per Section
18.57.040.A.4, if such standards are changed, the owner shall modify the
installation to comply with the new standards within 6 months of the effective
. date of the new standards or regulations unless a different implementation
schedule is required by the issuing agency.
9. Per Section 18.57.040.B.2, new towers greater than 40 feet in height shall
accommodate at least three service providers with accompanying area for
equipment and access. Where multiple providers will be utilizing the same area
and/or support structure, consideration should be given to the provision of a
single building or other similar integration of equipment housing.
10. Per Section 18.57.040.8.4, unless otherwise required by the FAA or FCC,
towers shall be of a galvanized finish or be painted in neutral colors. Facilities
and equipment mounted on existing structures shall be visually incorporated into
the structure or background by the use of architectural elements, color,
screening, or other methods.
11. Per Section 18.57.040.8.5, no lighting or signage except a single 4 square foot
business identification sign is allowed unless such lighting or signage is required
by the FAA, FCC, or the City of Bozeman.
12. All facilities shall be removed within 9 months of the cessation of operations.
If a facility is not removed within 9 months the City shall remove the facility at
the facility or land owner's expense. Where multiple users share a facility the
. non-operational antennae. shall be removed but any common equipment may be
retained until all users have terminated the utilization of the site, per Section
18.57.040.C.3.
11-06-2000
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- 25 -
13. Per Section 18.57.040.B.C.4, any emergency power supply'orother equipment
. installed at the facility must comply with Section 18.50.035.1, Noise.
14. Per Section 18.57.040. C. 7, any modifications to exist.ing broadcast sites may
only occur in compliance with the review procedures required in 18.57.030.
15. Seven (7) copies of the final site plan containing all of the conditions,
corrections and modifications approved by the Development Review ~ommittee
(DRC) shall be submitted for review and approval by the Planning Director
within six months of the date of City Commission approval.
16. A building permit must be obtained prior to the work, and must be obtained
within one year of final site plan approval. Building permits will not be issued
until the final site plan is approved. Minor site surface preparation and normal
maintenance shall be allowed prior to submittal and approval of the final site
plan, including excavation and footing preparation, but NO CONCRETE MAYBE
POURED UNTIL A BUILDING PERMIT IS OBTAINED.
17. The applicant shall enter into an Improvements Agreement with the City to
guarantee the installation of required on-site improvements at the time of final
site plan submittal. If occupancy of the structure is to occur prior to the
installation of all required on-site improvements, the Improvements Agreement
must be secured by a method of security equal to one and one-half times the
amount of the estimated cost of the scheduled improvements not yet installed.
Said method of security shall be valid for a period of not less than twelve (12)
. months; ho.wever, all on-site improvements shall be completed by the applicant
within nine (9) months of oc.cupancy to avoid default on the method of security.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown,
Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff and Mayor Youngman; those
voting No, none.
Break - 9:02 to 9:05 p.m.
Mayor Youngman declared a break from 9:02 p.m. to 9:05 p.m., in accordance with
Commission policy.
Public hearina - preliminarv plat for Cattail Creek Subdivision - subdivide 60.65 acres described as Lot
2A. Minor Subdivision No. 145A. into 19 multi-familv lots and 19 commerCial lots - Thomas. Dean
and Hoskins. Inc.. for Robert Gene Davis. Roaer B. Hamilton and Sandra D. Hamilton (~est end of
Catron Street) (P-0035)
This was the time and place set for the public hearing on the preliminary plat for Cattail Creek
Subdivision. as requested by Robert Gene Davis. Roger B. Hamilton and Sandra D. Hamilton under
Application No. P-0035. under which a 60.65-acre tract described as Lot 2A. Minor Subdivision No.
. 145A. is to be subdivided into 19 multi-family lots and 19 commercial lots. The subject property is
more commonly located at the west end of Catron Street.
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- 26 -
Mayor Youngman opened the public hearing.
. Senior Planner Skelton distributed a memo dated November 6, after which he presented the
staff report. He noted that the memo forwards suggested revisions to four of the conditions
recommended in the Planning Board's resolution.
The Senior Planner stated the subject 60 + -acre parcel is located west of Costco and Target
and south of the School District's new bus barn; and under this application, the property is to be
subdivided into 19 commercial lots and 19 residential lots. He reminded the Commission that
annexation, a master plan amendment and a zone map amendment for this property have previously
been considered by the Commission; however, thE>se processes have not yet been completed.
The Senior Planner indicated that this proposal is for the first phase of a two-phase mixed use
subdivision; and an existing watercourse separates those phases. He noted that the creek is called
Cattail Creek, and under this $ubdivision proposal the creek is to be located in a corridor with wetlands
vegetation and ponds. He stated that collector streets through the subdivision will be Catron Street,
Deadman's Gulch and North 27th Avenue; the remainder of the streets are to be local streets.
Senior Planner Skelton stated that, since there is no parkland dedication requirement for
commercial subdivisions, 3.6 acres of parkland is required in conjunction with this subdivision; the
applicant is proposing almost 9.5 acres of dedicated parkland. A portion of the parkland is to be
passive parkland along the stream corridor; the remainder is to be in active parkland.
The Senior Planner noted that water and sewer services must be extended to the subject
property. Since some of those lines are oversized, the applicant will be seeking impact fee credits or
. reimbursement.
Senior Planner Skelton stated that this application complies with subdivision regulations and
the master plan, contingent upon annexation and rezoning. He noted that the City Planning Board
conducted its review of this application at its October 3 meeting and, following that review, forwarded
a recommendation for approval, subject to 33 conditions. He highlighted some of the conditions,
cautioning that development of this subdivision will require road improvements, including North 19th
Avenue and the on-ramps. He also noted that under the recommended conditions, the parkland is to
be dedicated to the public; and the applicant has been asked to consider redesign of a couple of the
lots. He concluded by asking that the Commission incorporate the recommended revisions in his
November 6 memo into the conditions when they act on this preliminary plat.
Mr. Dave Crawford, Thomas, Dean and Hoskins, stated his concurrence with the staff report
as presented. He asked, however, for clarification on the streets to be included in the waivers of right
to protest the creation of SIDs, particularly since the list in Condition No. 11 is different from the list
in the memo dated November 6.
City Attorney Luwe suggested that the Commission include all of the streets in Condition No.
11, unless waived by the City Engineer.
Since there were no Commissioner objections, Mayor Youngman closed the public hearing.
. Commissioner Frost suggested that boulevard trees be included in the waivers requested in
Condition No. 11.
11-06-2000
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.. .._______._._._n__.__
- 27 -
Responding to Commissioner Frost, Senior Planner Skelton stated that North 27th Avenue is
. a collector street, so the applicant is not required to provide the boulevard. lights required on the
interior streets. He noted that the applicant may participate in a lighting district for North 27th
Avenue if it is determined that street lighting is needed.
Further responding to Commissioner Frost, City Attorney Luwe suggested that an Item c. be
added to Condition No. 11, to include street lights and boulevard trees along North 27th Avenue.
It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that the
preliminary plat for Cattail Creek Subdivision, as requested by Robert Gene Davis, Roger B. Hamilton
and Sandra D. Hamilton under Application No. P-0035, under which a 60.65-acre tract described as
Lot 2A, Minor Subdivision No. 145A, is to be subdivided into 19 multi-family lots and 19 commercial
lots, be approved subject to the following conditions:
1. Stormwater'Master Plan:
A Stormwater Master Plan for the subdivision for a system designed to remove
solids, silt, oils, grease and other pollutants from the runoff from the private and
public streets and all lots must be provided to and approved by the City
Engineer.
The master plan must depict the maximum sized retention basin location, show
location of and provide easements for adequate drainage ways within the
subdivision to transport runoff to the stormwater receiving channel. The plan
shall include sufficient site grading and elevation information (particularly for the
. basin site, drainage ways and finished lot grades), typical storm water
detention/retention basin and di~charge structure
details, basin sizing
calculations and a stormwater maintenance plan.
Any storm water ponds located within a park or open space shall be designed
and constructed to be conducive to the normal use and maintenance of the
open space. Storm water ponds for runoff generated by the subdivision (e.g.,
general lot runoff, public' or private streets, common open space, parks, etc.)
shall not be located on easements' within privately owned lots.
While the runoff from the individual lots will be dependent on the intensity of
use on each lot, the maximum sizing of the storm retention facilities for each
lot will be established based on maximum site development. Final facility sizing
may be reviewed and reduced during design review of the final site plan for
each lot.
2. Plans and specifications and a detailed design report for water and sewer main
extensions, storm sewer and the public street, prepared by a Professional
Engineer, shall be provided to and approved by the City Engineer and the
Montana Department of Environmental Quality. The applicant shall also provide
professional engineering services for construction inspection, post-construction
certification, and preparation of mylar record drawings. The plans and
. specifications may not be submitted for review until the property has been
officially annexed to the City. Construction shall not be initiated on the public
infrastructure improvements until the property has been officially annexed to the
11-06-2000
.. --..--...---".-----.-----
- 28 -
City, plans and specifications have been approved and a pre-construction
conference has been conducted.
. No building permits shall be issued prior to substantial completion and City
acceptance of the required infrastructure improvements.
3. All infrastructure improvements including 1) water and sewer main extensions.
and 2) public streets, curb/gutter, sidewalks, and related storm drainage
infrastructure improvements shall be financially guaranteed or constructed prior
to final plat approval.
City standard residential sidewalks shall be constructed on all public street
frontages at the time the street is constructed unless s variance is requested
and granted by the City Commission. No building permits shall be issued prior
to substantial completion and City acceptance of the required infrastructure
improvements.
4. The location of existing water and sewer mains shall be properly depicted.
Proposed main extensions shall be noted as proposed.
5. The Montana Fish, Wildlife and Parks,
SCS, Montana Department of
Environmental Quality and Army Corps of Engineers shall be contacted
regarding the proposed project and any required permits (Le., 310, 404,
Turbidity exemption, etc.) shall be obtained prior to final plat approval.
. 6. Easements for the water and sewer main extensions shall be a minimum of 30
feet in width, with the utility located in the center of the easement. In no case
shall the utility be less than 10 feet from the edge of easement.
7. Project phasing shall be clearly defined including installation of infrastructure.
8. The Traffic Impact Analysis prepared by Kimley-Horn for Gallatin Center and
Cattail Creek Subdivisions identify many improvements that must be made by
the developers of these subdivisions. All improvements deemed necessary by
Montana Department of Transportation for this subdivision shall be constructed
or financially guaranteed prior to filing of the final plat. Additionally, no building
permits shall be issued prior to construction and acceptance of the identified
improvem,ents.
9. Deadman's Gulch shall be constructed from this subdivision to North 19th
Avenue, ihcluding all required intersection improvements and signalization as
determined by the Montana Department of Transportation.
10. A trunk water main shall be extended from North 27th to the west edge of the
subdivision in one of the east-west streets for ultimate connection to Davis
Lane. The location and size will be determined by the City Engineering Office
during plan and specification review. If this results in oversizing based on the
. demands needed for the subdivision, the developer may apply for impact fee
credits.
11-06-2000
~ 29 -
Sewer anp water mains shall be extended to the southern property line for
future extension to the south.
. 11. Applicant shall provide and file with the County Clerk and Recorder's office
executed Waivers of Right to Protest Creation of SIDs for the following:
a. Street improvements including paving, curb/gutter, sidewalk and
storm drainage facilities for Davis Lane, Baxter Lane, Hulbert
Road, Deadman's Gulch, Valley Center Drive, North 19th Avenue
and North 27th Avenue, unless those requirements are waived
by the City Engineer.
b. Truflk water main' improvements in Davis Lane.
c. Street lights along North 27th Avenue.
d. Boulevard trees along North 27th Avenue.
12. Temporary cul-de-sacs with appropriate easements shall be provided for Catron
Street and Cattail Drive, unless deemed unnecessary by the Director of Public
Service.
13. All existing utility and other easements must be shown on the final plat. The
existing 10.foot-wide utility easement on the northern boundary of Minor
Subdivision No. 145A goes all the way to the east boundary. Ttiis must be
. vacated, or the lots rearrange<!l to 'accommodate the easement if it is to stay.
14. That, prior to the installation of infrastructure, any site improvements or the
applicant applying for final plat review and approval of Phase I, the application
for annexation to the corporate limits of the City of Bozeman shall be formally
approved by the City Commission, a Resolution of Annexation adopted, and the
Annexation Agreement for said annexation request executed by the City of
Bozeman.
15. That prior to the applicant applying for final plat review and approval of Phase
I, the City Commission shall formally approve the Master Plan Amendment and
Zone Map Amendment applications for said property.
16. That the detention/retenti?n ponds proposed in the designated open space areas
along Cattail Creek be excluded from any calculated parkland requirement. that
proximity of the ponds to the water course be limited, exclusive of the outlet
structures, that the design and shape of the ponds be organic and natural in
form (Le., not rectangular or box-like), and that all ponds shall not exceed a
depth of 1 Y2 feet with a maximum side slope of 1-in-4, unless otherwise
reviewed and approved by the Planning Offic~.
17. That the detention/retention ponds be identified on the final plat as common
. open space areas, owned and maintained by the property owners' association,
and noted accordingly in the property owners' association documents, for
review and approval by the Planning Office.
11-06-2000
- 30 -
18. That the applicant obtain written approval of a parkland implementation- plan
outlining installation of landscape improvements, trail/bike path improvements,
. and maintenance and upkeep of the parklands and trails, and that said
implementation plan be noted accordingly in the protective covenants and
restrictions of the property owners' association documents, for review and
approval prior to final plat approval.
19. The final plat delineate all parklands on the subdivision plat as upublic Park",
exclusive of those areas designated as retention/detention storm water ponds
or common open space areas.
20. That a one (1) foot wide uNo Access" strip be designated on the final plat along
both sides of the arterial street, Cattail Drive.
21. That the applicant install boulevard street lights within. the dedicated right.of.
way at a regular spacing along all interior subdivision streets that comply with
Section 18.50.035.A, Glare and Lighting, and that the applicant provide a
typical light fixture detail that demonstrates a fixture that deflects light down
and/or away from any adjoining residential district and shall not detract from
driver visibility on adjacent streets, for review and approval prior to final plat
approval.
22. That the final plat and homeowners' association documents delineate and
describe the location of all open space areas to be defined as "common open
space" areas, owned and maintained by the property owners' association,
. which are also available for the enjoyment and use of the residents, guests and
owners of property within the subdivision, and that the covenants be modified
to include language that reflects the public dedication of all subdivision park
lands and clarifies the required parkland improvements for said public park
land(s), for review and approval by the Planning Office prior to final plat
approval.
23. That the applicant give consideration to a redesign of Lot 2, Block 2 and Lot 5,
Block 4 in order to maximize the development of said lots and avoid the
potential need for variances to the Zoning Ordinance during construction of
individual projects, and that the applicant consider a shared access easement
for Lot 1 and Lot 2, Block 6.
24. That the final plat shall comply with Section 16.10.030 of the Bozeman Area
Subdivision Regulations, and shall include all
appropriate documents,
certificates, and be accompanied by all appropriate documents, including a
Platting Certificate. Two mylar and two cloth back copies of the final plat must
be submitted for final plat approval, along with a digital copy of the final plat,
on a double sided, high density 3 % -inch floppy disk.
25. That the applicant obtain Montana Department of Environmental Quality
approval of the subdivision prior to final plat approval pursuant to Section
. 16.16.101 through 16.16.805 A.A.M.
11-06-2000
-. .--. .. .-..- ... -..
- 31 .
26. That the applicant submit with the application for- final plat review a written
recommendation of approval by the Bozeman Recreation and Parks Advisory
. Board regarding the design, location, implementation, and dedication of park
land(s) for said Cattail Creek Subdivision, that also includes an implementation
plan for maintenance and upkeep of parkland and trail system, for review and
approval by City staff prior to final plat approval.
27. That the applicant provide with the application for final plat review and approval
a copy of a signed Memorandum of Understanding with the Gallatin County
Weed Control District.
28. That the applicant execute and file with the final plat a waiver of right-to-protest
creation of a city-wide park maintenance district f,or review and approval by the
City of Bozeman for maintenance and upkeep of dedicated parkland and trail
system prior to final plat approval.
29. The final plat shall provide public utility easements along side and rear lots lines
as required by the subdivision regulations. However, in the event front yard
easements are used, rear yard easements must still be provided on the plat
unless written confirmation is submitted to the Planning Office from all utility
companies indicating that front yard easements are adequate. The easement
note required in Section 16.14.050 of the subdivision regulations shall be
provided on the final plat.
30. The subdivider shall ensure that all construction material and other debris is
. removed from the subdivision prior to final plat approval, or prior to release of
said financial guarantee, if an Improvements Agreement is necessary with the
final plat.
31. That the developer shall enter in an Improvements Agreement with the City of
Bozeman guaranteeing the completion of all improvements in accordance with
the preliminary plat submittal information and conditions of approval. If the final
plat is filed prior to installation of all improvements, the developef shall supply
the City of Bozeman with an acceptable method of security equal to one
hundred fifty (150) percent of the cost of the remaining improvements.
32. That the developer shall have three (3) years from the date of preliminary plat
approval to complete the conditions of preliminary plat approval and apply for
final plat approval for Phase I.
33. That the applicant submit with the application for final plat review and approval
of Cattail Creek Subdivision, Phase II, a written narrative stating how each of
the conditions of preliminary plat approval has been satisfactorily addressed.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Kirchhoff, Commissioner Brown, Commissioner Frost, Commissioner Smiley and Mayor Youngman;
those voting No, none.
.
11-06-2000
.---.- - ---
- 32 -
Discussion - FYI Items
. City Manager Johnson presented to the Commission the following "For Your Information"
items.
( 1 ) Copy of a letter from Engineering Assistant Kerr to property owners near the
intersection of West Koch Street and South 5th Avenue, regarding the impending installation of stop
signs and parking restrictions.
Commissioner Smiley noted that the neighbors want stop signs installed in an opposite
direction from what is being proposed.
Commissioner Frost stated the neighbors have requested the signs be installed as a traffic
calming measure; following discussion, the Commissioners agreed with the ,proposed reorientation of
the signs.
(2) Letter from Melvin Howe, 1204 Cherry Drive, dated October 28, regarding the Blue
Iguana Teen Center.
Responding to COl)lmissioner Smiley, Mayor Youngman suggested that this request should be
submitted to the Recreation and Parks Advisory Board prior to being considered by the Commission.
(3) Copies of press releases from SkyWest Airlines announcing the reception for the
inaugural flight and the new flight schedule f~r non-stop flights to and from Denver, beginning October
31, 2000.
. (4) Copy of a letter from the Montana Department of Commerce announcing the public
review period for the draft annual action plan.
(5) Copy of the schedule of planning items for upcoming City Commission meetings.
(6) Newsletter from Headwaters Recycling announcing that the next m~eting is scheduled
for 10:00 am on November 8 in Bozeman.
(7) Agenda for the Cemetery Board meeting to be held at 10:00 am on Thursday,
November 9, in the Commission Room.
(8) Minutes from the Cemetery Board meeting held on August 24,' 2000.
(9) Minutes from the Gallatin Local Water Quality District meeting held on July 10.
(10) Minutes from the Cemetery Board meeting held on September 21, 2000.
( 11 ) Minutes from the Gallatin City-County Board of Health meeting held on September 28,
2000.
( 13) Minutes from the 9-1-1 Administrative Board meeting held on September 27, 2000.
. ( 14) Revised agenda for the Design Review Board meeting held on Tuesday, October 24.
, 11 ~06-2000
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- 33 -
( 15) Agenda for the continued Design Review Board meeting held on Tuesday, October 31.
. (16) Agenda for the Development Review Committee meeting held on Tuesday, October 31.
(17) Agenda for the County Commission meeting held on Tuesday, October 31.
(18) Agenda for the Development Review Committee meeting to be held at 10:00 am on
Wednesday, November 8, at the Professional Building.
( 19) Agenda for the City Planning Board meeting to be held at 7:00 pm on Wednesday,
November 8, in the Commission Room.
(20) Agenda for the Bozeman Area Transportation Coordinating Committee meeting to be
held at 10:00 am on Wednesday, November 15, in the Commission Room.
(21 ) City Manager Johnson submitted the following. (1) Stated that dedication of the
Haynes Pavilion is scheduled for 3:30 p.m. on Wednesday, December 6. (2) Announced that,
beginning on November 20, staff will give 20-minute presentations to kick off the budget process for
Fiscal Year 2002. He noted that those presentations will be made during every Monday meeting
through December 11 and then, on December 16, a day-long retreat is being scheduled for the
Commissioners to prioritize what they have heard, forward their own "to do" lists, and give direction
to staff. (3) Stated that a discussion on affordable housing has been scheduled for next week's work
session; and he has invited people from various organizations to attend that session.
(22) Mayor Youngman noted that the people involved in developing the Inter-Neighborhood
. Council program will be making a presentation to the Commission at next week's meeting; and they
will be holding a community meeting that evening. She suggested that this group be added to the
Commissioners' liaison list.
(23) Commissioner Frost stated that the Planning Board finished its goals and objectives for
the growth plan at last week's meeting.
(24) Commissioner Smiley submitted the following. (1) Stated her appreciation for the new
cemetery brochure. (2) Stated that she talked to the manager of Town and Country. Grocers, who is
concerned about the proposed divider in North 20th Avenue because it may block semi-trucks from
making turns onto that street. She also noted that he is encountering some problems at his store
because some of the "punk syndrome" skateboarders hang out there.
(25) Commissioner Brown stated that he met with Fair Board members, and noted that they
want to get street vacations completed as quickly as possible so the triangles created by the extension
of East Oak Street can be exchanged.
(26) Commissioner Frost noted that many people were glad to get the City's newsletter.
Mayor Youngman stated that the newsletters have not yet been distributed in several
neighborhoods, but will be in the near future.
.
11-06-2000
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- 34 -
Adjournment - 10:02 D.m.
. There being no further business to come before the Commission at this time, it was moved by
Commissioner Frost, seconded by Commissioner Kirchhoff, that the meeting be adjourned. The
motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost,
Commissioner Kirchhoff, Commissioner Smiley, Commissioner Brown and Mayor Youngman; those
voting No, none.
MARC~N~;tc:: .
ATTEST:
~./~
ROBIN L. SULLIVAN
Clerk of the Commission -
.
.
.
11-06~2000