HomeMy WebLinkAbout2007-06-18 Minutes, City Commission
LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
June 18,2007
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The Commission of the City of Bozeman met in the Community Room, Gallatin County
Courthouse, 311 West Main Street, on Monday, June 18,2007 at 6:00 pm. Present were Mayor
Jeff Krauss, Cr. Sean Becker, Cr. JeffRupp, Cr. Kaaren Jacobson, Cr. Steve Kirchhoff, City
Manager Chris Kukulski, Assistant City Manager Ron Brey, Planning Director Andy Epple,
Finance Director Anna Rosenberry, Assistant City Attorney Tim Cooper, and Deputy City Clerk
Cynthia Jordan Delaney.
0:16:59 A. Call to Order - 6:00 pm - Community Room, Gallatin County Courthouse, 311
West Main Street
Mayor Krauss called the meeting to order.
0: 17:02 B.
Pledge of Allegiance and a Moment of Silence
0: 18:00 Changes to Agenda
City Manager Chris Kuku1ski wanted to remove item G. "Special Presentation - Bozeman
Intermodal Facility Financing and Timeline (Pope, Rosenberry, and Goehrung)" and item H. 1.
"Award of Base Bid for Construction of the Bozeman Intermodal Facility (Goehrung)" from the
agenda because they are tied to the parking garage downtown. They are waiting for final approval
from the federal government for the $4 million grant, and have been advised not to go ahead with
the bid awards until the final approval. He anticipates that they will be appearing before the
Commission in the next 30 days.
0: 19:53 C.
Public Service Announcement - Fireworks (McLane)
0:20:04 Lt. Rich McLane, Bozeman Police Department
With Independence Day approaching, Lt. McLane gave guidelines for the legal and safe use of
fireworks.
0:22:42 D.
Minutes - May 7, 2007 and June 7,2007 Policy Meeting
0:22:47 Motion and Vote to approve the Minutes of May 7, 2007 and June 7, 2007.
It was moved by Cr. Becker. seconded by Cr. RUPD. to approve the Minutes of May 7. 2007
and June 7. 2007.
Those votine: Aye beine: Crs. Becker. Rupp, Jacobson. and Mayor Krauss.
Those votine: No beine: none.
The motion carried 4-0.
0:23 :05 E.
Consent
1. Authorize payment of claims (LaMeres)
2. Approve Resolution No. 4017, Genesis Business Park II Annexation #A-06003 (Skelton)
3. Provisionally adopt Ordinance No. 1703, Genesis Business Park II Zone Map Amendment
#Z-06133 (Skelton)
4. Authorize City Manager to sign Notice of Award for 2007 Landfill Sewer Service
Improvements (Johnson)
5. Approve Resolution No. 4028, Street Vacation Request for Portion of East Lamme Street
(Kerr)
6. Finally adopt Ordinance No. 1708, Davenport Zone Map Amendment #Z-06151 (Sanford)
7. Approve staff recommendations for the Mayors' Climate Protection Agreement Task Force
(MCPATF) (Baker)
8. Authorize City Manager to sign Notice of Award for the 2007 Street Improvements Contract
(Kerr)
9. Authorize City Manager to sign Water Pipeline and Access Easement and Agreement for
Woodhaven Village Condos (Heaston)
10. Authorize Contract for Floor Plan Drafting for Existing City of Bozeman Facilities
(Henderson)
11. Authorize City Manager to sign Public Access Easement for Library Approach (Kerr)
12. Approve Resolution No. 4029, Intent to Create Special Improvement Lighting District #698,
Alder Creek Subdivision Phases 4 and 5 (Shannon)
13. Authorize City Manager to sign Public Access Easement for Partridge Condos (Heaston) 14.
Approve Resolution No. 4031, Baxter Creek Growth Policy Amendment #P-07019
(Skelton)
15. Approve Resolution No. 4032, Schroeder Growth Policy Amendment #P-07016 (Knight)
0:23:14 Public Comment
Mayor Krauss opened and closed public comment. No person commented.
0:23:37 Motion and Vote to approve Consent items E. 1-15.
It was moved bv Cr. Rupp. seconded bv Cr. Jacobson. to approve Consent items E. 1-15.
Those votine: Ave beine: Crs. Rupp. Jacobson. Becker. and Mavor Krauss.
Those votine: No beine: none.
The motion carried 4-0.
0:23:53 F. Public Comment
Mayor Krauss opened public comment.
0:24:33 Wren Bade - Public Comment
Ms. Bade resides at 304 South 9th Avenue. She is very concerned about our parks and how they are
funded, especially Bogert Park. The tennis and basketball courts, which are in a state of disrepair,
are scheduled to become a parking lot. She said that Bozeman will lose a great resource for kids
who can't afford expensive sports. She said that the problem in our community is having to have
bake sales for skate parks and tennis courts. Revenue-generated sports need to put money back into
the community.
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0:27:51 Peter RUl!heimer - Public Comment
Mr. Rugheimer resides at 1404 Story Mill Road. He stated that there will be a combined meeting
here in 1 Y2 weeks that involves the City of Bozeman, Gallatin County, and the Montana Dept. of
Transportation to take public input for a master plan of transportation needs. On the north side of
town where he lives, Mr. Rugheimer stated that there are no sidewalks or bike corridors for kids to
get to the Boys and Girls Club or the Tae Kwon Do Club. What is the next step to making the
sidewalks and paths happen in the north end of town to access all the new developments? Is it
appropriate to have a representative of the City Commission be at this meeting to guide the efforts?
0:32:09 Mayor Krauss
Mayor Krauss responded that the Rouse Corridor is already in the Bozeman Area Transportation
Plan for the kind of improvements Mr. Rugheimer suggested, but they await the funding of the next
federal Transportation Bill in 2009 or 2010.
0:35:07 Public Comment closed.
Mayor Krauss closed public comment.
0:35:16 G. Special Presentation - Bozeman Intermodal Facility Financing and Timeline
(Pope, Rosenberry and Goehrung) REMOVED
Mayor Krauss stated that G. was pulled from the Agenda.
0:35:18 H.
Action Items
0:35:191. Award of Base Bids for Construction of the Bozeman Intermodal Facility
(Goehrung) REMOVED
Mayor Krauss stated that H. 1. was pulled from the Agenda.
0:35:252. Rialto Building Site Plan/Certificate of Appropriateness/Change In Use #Z-
07019, opened and continued from May 14,2007; continue to July 9, 2007 (Bristor)
0:35:29 Public Comment
Mayor Krauss opened and closed public comment. No person commented.
0:35:42 Motion to open and continue to July 9, 2007 the Rialto Building Site Plan/Certificate
of Appropriateness/Change In Use #Z-07019.
It was moved by Cr. Jacobson. seconded by Cr. Becker. to open and continue to July 9. 2007
the Rialto Buildine: Site Plan/Certificate of Appropriateness/Chane:e In Use #Z-07019.
0:36:43 Vote to open and continue to July 9, 2007 the Rialto Building Site Plan/Certificate of
Appropriateness/Change In Use #Z-07019.
[It was moved by Cr. Jacobson. seconded by Cr. Becker. to open and continue to July 9. 2007
the Rialto Buildine: Site Plan/Certificate of Appropriateness/Chane:e In Use #Z-07019.1
Those votin! Aye beine: Crs. Jacobson. Becker. and Mayor Krauss.
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Those votine No beine Cr. Rupp.
The motion carried 3-1.
0:36:503. Schroeder Growth Policy Amendment #P-07016, opened and continued from
May 14, 2007 (Knight)
0:37:06 Martin Knight, Assistant Planner
Mr. Knight presented the staff report.
0:39:25 Susan Kozub, Applicant
Ms. Kozub, of Intrinsik Architecture at 111 North Tracy, added a brief history of the project and
stated that this area is compatible with residential uses.
0:41 :22 Public Comment
Mayor Krauss opened and closed public comment. No person commented.
0:41 :46 Motion and Vote to approve the Schroeder Growth Policy Amendment with
contingencies listed on page 7 of our staff report.
It was moved bv Cr. Becker, seconded bv Cr. Rupp, to approve the Schroeder Growth Policy
Amendment with contineencies listed on paee 7 of our staff report.
Those votine Ave beine Crs. Becker, Rupp, Jacobson, and Mavor Krauss.
Those votine No beine none.
The motion carried 4-0.
Contineencies:
1. The applicant shall submit, within forty-five (45) days of approval bv the City
Commission, an 8~- x ll-inch or 8~- x 14-inch exhibit entitled "Schroeder Growth Policv
Amendment" to the Plannine Department containine an accurate description of the property
for which the erowth policv desienation is beine amended. The exhibit must be acceptable to
the Plannine Department.
2. The resolution for the erowth policy amendment shall not be drafted until the applicant
provides an exhibit of the area to be re-desienated, which will be utilized in the preparation of
the resolution to officiallv amend the Future Land Use Map of the Bozeman 2020 Community
Plan.
0:42: 15 4.
Louis Zone Map Amendment #Z-07073 (Riley)
0:42:34 Doug Riley, Associate Planner
Mr. Riley presented the staff report.
0:47: 18 Bill Lewis, Applicant
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Mr. Lewis resides at 1242 Thomas Drive. He stated that Thomas Drive will be a 27th collector, and
the area is growing. The R-4 units to the south are beautiful and have improved the area a lot. The
goals of the community are to allow for a large diversity of housing types and character, and he
commended the City Planning Department.
0:48:49 Public Comment
Mayor Krauss opened public comment.
0:49:02 Blair McGavin - Public Comment
Mr. McGavin resides at 1013 Thomas Drive, and he was a part of the Davenport-McGavin
Annexation to R-4. He has been asked to show Davenport's support for this amendment, as well as
the support of the neighbor to the north.
0:49:43 Public Comment closed.
Mayor Krauss closed public comment.
0:50:01 Motion to approve Zone Map Amendment #Z-07073 with the three recommended
contingencies listed in the report.
It was moved bv Cr. Rupp. seconded bv Cr. Jacobson. to approve Zone Map Amendment #Z-
07073 with the three recommended contin!encies listed in the report.
0:52:30 Vote to approve Zone Map Amendment #Z-07073 with the three recommended
contingencies listed in the report.
rIt was moved bv Cr. Rupp. seconded bv Cr. Jacobson. to approve Zone Map Amendment
#Z-07073 with the three recommended contin!encies listed in the report.l
Those votine: Ave beine: Crs. Rupp. Jacobson. Becker. and Mavor Krauss.
Those votine: No beine: none.
Those abstainine: beine: Cr. Kirchhoff.
The motion carried 4-0.
Contine:encies:
1. The applicant shall submit a 24" x 36" mylar zone map titled "Louis Zone Map
Amendment." SYi-inch x ll-inch. or S Yi-inch x 14-inch paper exhibit; and a die:ital COpy of
the area to be zoned. acceptable to the Director of Public Service. which will be utilized in the
preparation of the ordinance to officially amend the City of Bozeman Zonin! Map. Said map
shall contain a metes and bounds lee:al description of the perimeter of the subiect propertv(s).
total acreal!e of the property(s). and adioininl! ril!hts-of-wav and/or street access easements.
2. The ordinance for the Zone Map Amendment shall not be drafted until the applicant
provides a metes and bounds lee:al description. includine: die:ital text copv. prepared bv a
licensed Montana surveyor and map of the area to be rezoned. which will be utilized in the
preparation of the ordinance to officially amend the zone map.
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3. With the orie:inal annexation and ZMA of these properties. the applicants/property
owners paid Cash-in-Lieu of Water Rie:hts for respective zonin!! desi!!nations of R-S. R-l. and
R-3. With a new zonin!! desi!!nation of R-4. additional Cash-in-Lieu of Water Ri!!hts. or
eauivalent. must be paid prior to approval of the Ordinance for the ZMA.
0:52:41 Mayor Krauss
Mayor Krauss recognized the arrival of Cr. Kirchhoff.
0:53:13 5.
(Tymrak)
Resolution No. 4030, Police & Municipal Court Facility and Staffing Plans
0:53 :31 Mark Tymrak, Director of Public Safety/Police
Chief Tymrak presented the staff report. He shared the updated plan for the Police Dept. regarding
the facility, municipal court, and a staffing analysis to address the proposed needs of the City of
Bozeman for the next 20 years.
0:55:54 Public Comment
Mayor Pro Tern Jacobson opened and closed public comment. No person commented.
1 :08:23 Motion to adopt Resolution No. 4030 endorsing the Needs Assessment and Facility
Plan prepared by Carter Goble Lee, as well as the staffing methodology previously presented.
It was moved bv Cr. Kirchhoff. seconded bv Cr. Jacobson. to adopt Resolution No. 4030
endorsin!! the Needs Assessment and Facility Plan prepared bv Carter Goble Lee. as well as
the staffin!! methodolo2V previously presented.
1: 11 : 13 Vote to adopt Resolution No. 4030 endorsing the Needs Assessment and Facility Plan
prepared by Carter Goble Lee, as well as the staffing methodology previously presented.
lIt was moved bv Cr. Kirchhoff. seconded bv Cr. Jacobson. to adopt Resolution No. 4030
endorsin!! the Needs Assessment and Facility Plan prepared bv Carter Goble Lee. as well as
the staffin!! methodolo2V previously presented.l
Those voting: Ave bein!! Crs. Kirchhoff. Jacobson. Becker. Rupp. and Mavor Krauss.
Those votine: No beine: none.
The motion carried 5-0.
1: 11 :23 Motion to set a benchmark of 30 minutes of proactive time for the Bozeman Police
Department.
It was moved bv Cr. Jacobson. seconded bv Cr. Becker. to set a benchmark of 30 minutes of
proactive time for the Bozeman Police Department.
1: 12:06 Vote to set a benchmark of 30 minutes of proactive time for the Bozeman Police
Department.
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lIt was moved by Cr. Jacobson. seconded bv Cr. Becker. to set a benchmark of 30 minutes of
proactive time for the Bozeman Police Department.l
Those votine Ave beine Crs. Jacobson. Becker. Rupp. Kirchhoff. and Mayor Krauss.
Those votine No beine none.
The motion carried 5-0.
1 :12:22 Mayor Krauss
Mayor Krauss declared a five minute break.
1 :12:28 Break
1 :23 :50 6. Baxter Meadows Phase IV Preliminary Planned Unit Development/Conditional
Use Permit with Relaxations #Z-07049 (Windemaker)
1 :24:07 Lanette Windemaker, Contact Planner
Ms. Windemaker presented the staff report of the Preliminary Plan for Phase IV of Baxter
Meadows. Baxter Meadows is asking for five relaxations.
1 :27:50 Jason Leep, Applicant
Mr. Lcep is with Potter Clinton Development, presenting on behalf of Baxter Meadows West LLC.
Their goal with Phase IV is to introduce an additional housing choice for residents of the area and
to get as many residents as possible into the area to encourage this commercial node to the north to
develop.
1 :35: 11 Public Comment
Mayor Krauss opened and closed public comment. No person commented.
1 :37:05 Motion to approve Baxter Meadows Phase IV Preliminary Planned Unit
Development/Conditional Use Permit with relaxations #1 thru #5, subject to the conditions of
approval and code provisions outlined in the staff report.
It was moved bv Cr. Becker. seconded by Cr. Rupp. to approve Baxter Meadows Phase IV
Preliminary Planned Unit Development/Conditional Use Permit with relaxations #1 thru #5.
subiect to the conditions of approval and code provisions outlined in the staff report.
1 :38:52 Vote to approve Baxter Meadows Phase IV Preliminary Planned Unit
Development/Conditional Use Permit with relaxations #1 thru #5, subject to the conditions of
approval and code provisions outlined in the staff report.
[It was moved bv Cr. Becker. seconded by Cr. Rupp. to approve Baxter Meadows Phase IV
Preliminary Planned Unit Development/Conditional Use Permit with relaxations #1 thru #5.
subiect to the conditions of approval and code provisions outlined in the staff report.l
Those votine Aye beine Crs. Becker. Rupp. Kirchhoff. Jacobson. and Mayor Krauss.
Those votine No beine none.
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Tbe motion carried 5-0.
Relaxations #1-5:
1. Section 18.42.040. Blocks: to allow block lene:th to exceed 400 feet but not exceed 1.087
feet. See recommended condition #1 and #3.
2. Section 18.42.040. Blocks: to allow block width to be less than 200 feet or more than
400 feet in width. See recommended condition #2.
3. Section 18.42.150.C.5. Liehtine:: to allow local street lieM mountine heie:hts to be less
than 25 feet. See recommended condition #4.
4. Section 18.44.050. Street and Road Rie:ht of Way Width and Construction Standards:
to allow a 55 foot riebt of way width for local streets. This relaxation was addressed bv the
followine: Ene:ineerine: condition with the Preliminary Plat - "The minimum rieht of way
width that would be supported bv Ene:ineerine under a relaxation request would be 55' with
the proposed 31' wide street section. This would provide for 6' wide boulevards for adequate
snow storae:e and plantine area. If this relaxation is approved. the streets shall be privatelv
maintained. and shown as such on the final plat. as shall any streets that do not meet the
City's desien standards (i.e. roll over curb). "
5. Section 18.16.050.A. Yards: to allow a corner side vard (front vard) to be a minimum
of 10 feet. See recommended condition #5.
Conditions of Approval:
1. Due to topoeraphv. the presence of critical lands. access control. and adiacencv to
open space. block leneths may exceed 400 feet but may not exceed 1.087 feet. and shall not
exceed 600 feet without a 30 foot rieht ofwav with pedestrian walkway.
2. Due to separation of residential development from traffic arterials and to overcome
specific disadvantaees of topoe:raphv and orientation. block widths may be less than 200 feet
or more than 400 feet in width.
3. Per Section 18.42.040. a rieht-of-wav for a pedestrian walk. not less than 10 feet wide.
shall be required in Lot 12. Block 7 in alienment with the pedestrian walk bisectine Block 8
and extendine across the sprine ditch to intersect with the trail on the west side of the sprine
ditch. Unless the pedestrian rieht-of-wav is a minimum of 30 feet wide. the setback adiacent
to it shall be a minimum of 15 feet.
4. In keepine with the previous approved residential subdivisions within the Baxter
Meadows PUD. street lie:ht pole heiehts may be 17.5 feet within the interior of the subdivision.
Street lie:ht pole heiehts at interior street intersections with Vaquero Parkway shall be 20 feet.
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5. The corner side yard (front yard) setback of Lots 1 & 9. Block 3 and Lots 10 & 20.
Block 4 may be 10 feet.
6. A community center that is intended for use solely bv the residents of this
development. and privately or jointly owned. is an accessorv use. and as such would not be
subject to Section 18.40.210. Lot 11. Block 7 shall be desie:nated for a community center for
the sole use of the residents of the development on the final plat. final pun plan and in the
covenants. The community center shall be subject to site plan review in accordance with the
BMC.
7. The lots alone: Baxter Lane and Davis Lane shall have double-front architectural
features facine: those roads as found on the front of the dwelline:s units. for example: covered
porches. varied roof lines. multiple facade materials. varied facade plane. and decorative
lie:htine:. These architectural reQuirements shall be addressed and demonstrated in the
covenants/development e:uidelines.
8. Fences located in the side or rear yard setback of properties adjacent to any park or
open space shall not exceed a maximum heie:ht of 4 feet. and shall be of an open construction.
This reQuirement shall be addressed and demonstrated in the covenants/development
e:uidelines.
9. The development e:uidelines shall include thumbnail sketches to demonstrate
architectural reQuirements.
10. The owner shall execute and submit documents the followine: prior to final plan
approval:
a. A certification of completion and compliance statine: that they understand any conditions of
approval and the submitted final site plans or master site plan have complied with any
conditions of approval or corrections to comply with code provisions per Section 18.34.130.B.
b. A statement of intent to construct accordine: to the final site plan. Such statement shall
acknowlede:e that construction not in compliance with the approved final site plan may result
in delays of occupancy or costs to correct noncompliance per Section 18.34.130.C.
c. A certification that it is their intent to comply with the reQuirements of the Bozeman
Municipal Code and any conditions considered necessarv bv the approval body.
11. That the rie:ht to a use and occupancy permit shall be contine:ent upon the fulfillment
of all e:eneral and special conditions imposed bv the conditional use permit procedure
pursuant to Section 18.34.100.C.l of the Bozeman Municipal Code.
12. That all of the special conditions shall constitute restrictions runnine: with the land use.
shall apply and be adhered to bv the owner of the land. successors or assie:ns. shall be bindine:
upon the owner of the land. his successors or assie:ns. shall be consented to in writine:. and
shall be recorded as such with the County Clerk and Recorder's Office bv the property
owner prior to the issuance of any buildine: permits. final site plan approval or
commencement of the conditional use pursuant to Section 18.34.100.C.2 of the Bozeman
Municipal Code.
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13. The final site nlan shall comply with the standards identified and referenced in the
Bozeman Municipal Code. The applicant is advised that unmet code provisions. or code
provisions that are not specifically listed as conditions of approval. does not. in any way.
create a waiver or other relaxation of the lawful requirements of the Bozeman Municinal
Code or state law.
14. The open space landscapine: plans shall exceed the standards of Chanter 18.48. similar
to that demonstrated in Alternative C. The applicant should consider revisine: Alternative C
to include seatine: alone: the trail system and additional plantine: to break UP the e:rassed areas
adiacent to Baxter Lane.
1 :39:01 7. Baxter Meadows Phase IV Planned Unit Development Major Subdivision
Preliminary Plat #P-07011 (Windemaker)
1 :40:45 Ms. Windemaker
Ms. Windemaker presented the staff report. She read the revised condition 13 relating to the fire
station site (this rewrite is in the revised memo dated June 18, 2007):
"Final plat approval for Baxter Meadows Phase 4 Major Subdivision shall not be granted until an
appropriate fire station site within the area defined in the adopted Bozeman Fire Protection Master
Plan (i.e., between Flanders Mill Road and North 27th Avenuc, and bctween Durston Road and
Baxter Lane) has been secured.
Subdivider shall enter into an agreement with the Fire Department whereby the Subdivider shall
design, construct, and warranty, the full design section of Vaquero Lane (less sidewalk on the south
side of Vaquero) including a temporary cul-de-sac, and the water main extension adjacent to and
along the frontage of the proposed fire station/91I center, located at the intersection of Vaquero and
Davis Lane in the Gallatin County Regional Park. The water main extension shall include a water
service stub to the site as directed by the City Engineering Department. Phase 1 infrastructure plans
shall include these improvements and the extensions will be made upon receiving a written request
from the City Fire Department."
I :44: 11 Mr. Leep, Applicant
Mr. Leep expressed his concerns with conditions #5 and #13. As to condition #5, Restricted Size
Lots (RSL's) were calculated wrong initially but have been corrected and resubmitted. He is asking
to strike the second sentence in condition #5 and allow them to meet the requirements of the UDO.
As to condition #13, they have reservations about the way the condition is worded now because
they can't affect the outcome of the fire station.
1 :51 :36 Public Comment
Mayor Krauss opened and closed public comment. No person commented.
1 :54:56 Tim Cooper, Assistant City Attorney
Mr. Cooper (and Ms. Windemaker) clarified that the second sentence of condition #5 has no
application if the revised plat has met the correct % ofRSL's.
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1 :56:22 Motion to approve the application of #P-07011, subject to the conditions of approval
in Planning Board Resolution with condition 13 being the language submitted in the June 18
memo.
It was moved by Cr. Rupp. seconded by Cr. Kirchhoff, to approve the application of #P-
07011, subiect to the conditions of approval in Plannin! Board Resolution with condition 13
beine: the lane:uae:e submitted in the June 18 memo.
1 :56:48 Cr. Jacobson
Cr. Jacobson wants to remove the second sentence of condition #5: "The additional RSL's not
identified as a single household detached dwelling unit on the preliminary plat shall be designated
as single household attached Restricted Size Dwelling Units within the multi family lot, Lot 12,
Block 7."
1 :57:29 Amendment to Motion
It was moved bv Cr. Becker. seconded by Cr. Jacobson, to remove the second sentence of
condition number #5: "The additional RSL's not identified as a sine:le household detached
dwelline: unit on the preliminary plat shall be desie:nated as sine:le household attached
Restricted Size Dwellin! Units within the multi family lot, Lot 12, Block 7."
2:02:08 Vote on Amendment
[It was moved by Cr. Becker, seconded by Cr. Jacobson, to remove the second sentence of
condition number #5: "The additional RSL's not identified as a sine:le household detached
dwelline: unit on the preliminary plat shall be desie:nated as sine:le household attached
Restricted Size Dwelline: Units within the multi familv lot. Lot 12. Block 7."1
Those votine: Aye bein! Crs. Jacobson and Becker.
Those votine: No beine: Crs. Rupp, Kirchhoff. and Mayor Krauss.
The motion failed 2-3.
2:06:50 Mayor Krauss
Mayor Krauss feels the second paragraph commits to putting the fire station there (condition #13),
and they are far enough down the road with the siting of the fire station to leave the condition as
written.
2:10:21 Vote to approve the application of#P-07011, subject to the conditions of approval in
Planning Board Resolution with condition 13 being the language submitted in the June 18
memo.
[It was moved by Cr. Rupp, seconded bv Cr. Kirchhoff. to approve the application of #P-
07011, subiect to the conditions of approval in Plannine: Board Resolution with condition 13
bein! the lane:ua!e submitted in the June 18 memo.l
Those votine: Aye beine: Crs. Rupp, Kirchhoff, Jacobson. Becker. and Mayor Krauss.
II
Those votinl! No beinl! none.
The motion carried 5-0.
Conditions of Avvroval:
1. The ril!ht-of-wav widths of "A" Way and "B" Street shall not be less than 55' wide.
Anv street with a ROW less than 60' wide shall be subiect to the followinl! conditions:
Per Section 18.44.020.A. all streets within the vrovosed develovment shall be dedicated
to the vublic.
Per Section 18.44.020.A.2.b. a vermanent fundinl! source. such as the levvinl! of
assessments al!ainst all vroverties within the develovment. for street maintenance is
established and the fundinl! levels will be adeauate for all future private street maintenance.
Per Section 18.44.020.A.2.b. an executed waiver of ril!ht to vrotest the creation of
SIDs. or other vervetual lel!al instrument. acknowledl!inl! that the City will not assume
dedication and/or maintenance of the streets unless the street is broul!ht uv to City standards.
or the property owners have al!reed to an assessment to fund imvrovements reauired to brinl!
the street uv to City standards. The develover shall record the waiver. or other lel!al
instrument. at the time of final vlat recordation. or prior to issuance of buildinl! permits if no
final vlat recordation is reauired.
Per Section 18.44.020.A.2.c. documented proof of adeauate maintenance fundinl! and
schedulinl!. for all vrivate streets. shall be vrovided. subiect to Section 18.72.030.
2. Street lil!ht locations and svecifications shall be vrovided to the City Enl!ineer for
review and avvroval with the vublic imvrovements vlans and specifications.
3. Street lil!htinl! SILD information shall be submitted to the Clerk of Commission
directlv after Preliminary Plat avvroval in hard covv and dil!ital form. The final vlat will not
be deemed comvlete until the resolution to create the SILD has been avproved bv the City
Commission.
4. Pursuant to Section 18.42.060. front yard utility easements shall be 10 feet wide. and
shall alwavs be vrovided unless written confirmation is submitted to the Planninl!
Devartment from ALL utility comvanies vrovidinl! service indicatinl! that front yard
easements are not needed.
5. Pursuant to Section 18.42.180. the subdivider shall ensure that a minimum of 10
vercent of the net buildable acreal!e is dedicated to Restricted Size Lots (RSLs). The
additional RSL's not identified as a sinl!le household detached dwellinl! unit on the
preliminary vlat shall be desil!nated as sinl!le household attached Restricted Size Dwellinl!
Units within the multi family lot. Lot 12. Block 7.
6. Pursuant to Section 18.50.110. the develover shall install all trails/vathwavs. A
minimum of 25 foot wide public access easement shall be vrovided for all traillvathwav
corridors. Trail/vathwav locations and svecifications shall be provided to the City Enl!ineer
for review and apvroval with the vublic imvrovements vlans and svecifications.
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7. Notes shall be included on the plat describint! ownership and maintenance
responsibility for parks and/or open space. e.t!.: public park. dedicated to the city and
maintained by the homeowners' association: and open space. public access. owned by the
landowners. maintained by the homeowners' association. etc.
8. Water rie:hts. or if water rie:hts are not available cash-in-lieu thereof. as calculated by
the City Ene:ineer is due with the final plat.
9. A note shall be included on the plat describine: park dedication for Lot 12. Block 7. e.t!.
park dedication reQuirements have been met for 8 dwellint! units per acre. the eQuivalent of a
total of 48 dwellint! units: at the time of subseQuent development. when net residential density
becomes known. park dedication reQuirements shall be met for any additional density in
accordance with the BMC.
10. The final plat shall include a notation that due to hie:h t!round water conditions in the
area full or partial basements are not recommended. Buildine:s proposed for construction
with crawl spaces or basements shall include Ene:ineer Certification ree:ardine: depth of
e:round water and soil conditions and proposed mitie:ation methods to be submitted with each
Buildine: Permit.
11. Applicant shall provide a soils report. alone: with buildint! plans. to the Buildint!
Division. recommendint! types of foundations. If development shall occur in phases. the soils
report may address those lots within the proposed phase.
12. The final plat shall comply with the standards identified and referenced in the
Bozeman Municipal Code. The applicant is advised that unmet code provisions. or code
provisions that are not specifically listed as conditions of approval. does not. in anv wav.
create a waiver or other relaxation of the lawful reQuirements of the Bozeman Municipal
Code or state law.
13. Final plat approval for Baxter Meadows Phase 4 Maior Subdivision shall not be
e:ranted until an appropriate fire station site within the area defined in the adopted Bozeman
Fire Protection Master Plan (i.e.. between Flanders Mill Road and North 27th Avenue. and
between Durston Road and Baxter Lane) has been secured. Subdivider shall enter into an
ae:reement with the Fire Department whereby the Subdivider shall desie:n. construct. and
warranty. the full desie:n section of VaQuero Lane (less sidewalk on south side of VaQuero)
includine: a temporary cul-de-sac. and the water main extension adiacent to and alone: the
frontat!e of the proposed fire station/911 center. located at the intersection of Vaquero and
Davis Lane in the Gallatin County Ree:ional Park. The water main extension shall include a
water service stub to the site as directed by the City Ent!ineerine: Department. Phase 1
infrastructure plans shall include these improvements and the extensions will be made upon
receivine: a written reQuest from the City Fire Department.
14. The 100-year floodplain shall be delineated for the Sprine: Ditch alone: the entire
lent!th of the subdivision. The floodplain shall be shown on the final plat. If the limits of the
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floodine: encroach onto any proposed lots. minimum floor elevations for any structures on the
lots shall be specified.
15. Per Section 18.42.060.D.4 and 18.42.080.C. stormwater shall not be dischare:ed into
irrie:ation ditches. One section of the preliminary plat application refers to the Sprint!: Ditch
as a StreamlDitch. while another just a ditch. Evidence of the current classification shall be
provided and the stormwater dealt with accordine:lv.
16. Vaquero Parkway shall be constructed to meet the 35' back of curb to back of curb
local street standard as shown in the Greater Bozeman Area Transportation Plan 2001
Update. The entire street section exclusive of the sidewalk on the adjoinine: properties side of
the rie:ht of way shall be constructed.
17. Warrants must be met in order to install the three wav stop control at Vaquero and
C Street as stated in the preliminary plat approval.
18. AI' No Access Strip shall be shown on the plat alone: the entire lot frontae:e of Davis
Lane and Baxter Lane.
19. All street lie:ht poles shall be installed a minimum of 10' from any water or sewer
main or appurtenance.
20. Each phase of the subdivision shall have a minimum of two separate water main
feeds. Sine:le source loops created bv phasine: will not be allowed.
21. The sidewalks adjacent to Baxter and Davis/Fowler shall be 6'wide. and shall be
installed at the time the street improvements are done.
22. The minimum rie:ht of way width that would be supported bv Ene:ineerine: under a
relaxation request would be 55' with the proposed 31' wide street section. This would provide
for 6' wide boulevards for adequate snow storae:e and plantine: area. If this relaxation is
approved. the streets shall be privatelv maintained. and shown as such on the final plat. as
shall anv streets that do not meet the City's desie:n standards (i.e. roll over curb).
23. Water and Sewer stubs shall be provided to the lot to the west of Vaquero Parkwav.
24. The property owners dependent on the sewae:e lift station shall be responsible for
financine: the costs of its operation and maintenance. which will be the responsibility of the
City. The applicant shall ae:ree in writine: to a surchare:e to cover the costs of operatine: and
maintainine: the lift station. The ae:reement shall be filed with the final plat and shall applv to
all heirs. successors. and assie:ns. The ae:reement shall be subiect to approval bv the City
Ene:ineer and the City.
2: 11: 11 8. Conditional Use Permit to Modify Legends at Bridger Creek II Planned Unit
Development with Relaxation #Z-07086 (Windemaker)
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2: 11 :56 Ms. Windemaker
Ms. Windemaker presented the staff report.
2:16:22 Van Bryan, Applicant
Mr. Bryan is with Studio Architects, representing the applicant. He wanted to restate that the
density (the overall number of lots within the subdivision) has not changed, nor has the original
number of RSL's. They are simply trying to shift a number of lots over to have multiples of two to
make duplexes. That has adjusted the overall lot sizes slightly.
2: 17:55 Public Comment
Mayor Krauss opened and closed public comment. No person commented.
2:19:01 Motion and Vote to approve the CUP to modify Legends at Bridger Creek II Planned
Unit Development with relaxation #1 subject to the conditions of approval and code
provisions outlined in the staff report.
It was moved bv Cr. Kirchhoff. seconded by Cr. Jacobson. to approve the CUP to modify
Lee:ends at Bride:er Creek II Planned Unit Development with relaxation #1 subiect to the
conditions of approval and code provisions outlined in the staff report.
Those votine: Aye beine: Crs. Kirchhoff. Jacobson. Becker. Rupp. and Mayor Krauss. Those
votine: No beine: none. The motion carried 5-0.
Relaxation #1:
1. Section 18.16.040. Lot Area and Width: to allow lots to have a minimum area of 4.593
square feet.
Conditions of Approval:
1. The relaxation to allow a lot area minimum square footae:e of 4.593 square feet shall
be restricted to the 22 lots intended for sine:le-household attached duplex townhouses.
2. Plans showine: the location. size. and number of all sewer and water services with the
revised lot layout shall be submitted to and approved by the City Ene:ineer and Water/Sewer
Superintendent. No buildine: permits shall be issued prior to the installation and acceptance
of all service stubs.
3. Easements alone: the common property line between lots shall be provided where any
service is closer than 10' to the common line.
4. The location of all existine: and proposed private utilities and appurtenances must be
shown on the service line plans.
5. The owner shall execute and submit the followine: documents prior to final plan
approval:
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a. A certification of comvletion and comvliance statios!: that they understand any conditions of
avvroval and the submitted final site vlans or master site vlan have comvlied with any
conditions of avvroval or corrections to comvlv with code vrovisions ver Section 18.34.130.B.
b. A statement of intent to construct accordine: to the final site vlan. Such statement shall
acknowlede:e that construction not in comvliance with the avvroved final site vlan may result
in delays of occuvancv or costs to correct noncomvliance ver Section 18.34.130.C.
c. A certification that it is their intent to comvlv with the requirements of the Bozeman
Municival Code and any conditions considered necessary bv the avvroval body.
6. That the rie:ht to a use and occuvancv vermit shall be contine:ent uvon the fulfillment
of all e:eneral and svecial conditions imvosed bv the conditional use vermit vrocedure
vursuant to Section 18.34.100.C.1 of the Bozeman Municival Code.
7. That all of the svecial conditions shall constitute restrictions runnine: with the land use.
shall avvlv and be adhered to bv the owner of the land. successors or assie:ns. shall be bindine:
uvon the owner of the land. his successors or assie:ns. shall be consented to in writine:. and
shall be recorded as such with the County Clerk and Recorder's Office bv the vroverty owner
vrior to the issuance of any buildine: vermits. final site vlan avvroval or commencement of
the conditional use vursuant to Section 18.34.100.C.2 of the Bozeman Municival Code.
8. The final site vlan shall comvlv with the standards identified and referenced in the
Bozeman Municival Code. The avvlicant is advised that unmet code vrovisions. or code
vrovisions that are not svecificallv listed as conditions of avvroval. does not. in any way.
create a waiver or other relaxation of the lawful requirements of the Bozeman Municival
Code or state law.
2: 19:28 9.
Baxter Creek Development Growth Policy Amendment #P-07019 (Skelton)
2:20:24 lody Sanford, Senior Planner
Ms. Sanford presented the staff report.
2:32:01 Eric Nelson, Applicant
Mr. Nelson is representing the Floweree Family Partnership and the owners of the property as well
as the ThinkTank Design Group. He respectfully disagreed with some of the points made by
Plarming staff, and reviewed the four review criteria and why they feel these changes are necessary.
2:44:11 Public Comment
Mayor Krauss opened and closed public comment. No person commented.
2:51: 18 Motion to approve the Baxter Creek Development Growth Policy Amendment
Application #P-07019.
It was moved bv Cr. Jacobson. seconded bv Cr. Becker. to avvrove the Baxter Creek
Develovment Growth Policy Amendment Avvlication #P-07019.
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2:52:54 Vote to approve the Baxter Creek Development Growth Policy Amendment
Application #P-07019.
rIt was moved bv Cr. Jacobson. seconded bv Cr. Becker. to approve the Baxter Creek
Development Growth Policy Amendment Application #P-07019.1
Those votine: Ave beine: none.
Those votine: No beine: Crs. Jacobson. Becker. Rupp. Kirchhoff.
The motion failed 0-5.
2:53:08 Mayor Krauss
Mayor Krauss declared a ten minute break.
2:53: 11 Break
3:09:0210. Provisional Adoption of Ordinance No. 1710, Amending the Bozeman
Municipal Code by Revising Title 17 and Adding a New Chapter to be Numbered Chapter
17.02; Providing for a New Title for Housing and a New Chapter for Workforce Housing
(Brey)
3:09:09 Ron Brey, Assistant City Manager
Mr. Brey presented the staff report.
3:23:04 Public Comment
Mayor Krauss opened public comment.
3:23:10 Marv Vanthull-Public Comment
Ms. Vanthull resides at 416 East Story Street. She hopes that since the diminishment of parkland is
in the Ordinance, that wording could be added to reassure all the people who care very much about
park land, open space, and trails that the Commission isn't losing sight of that by passing this
Ordinance. She wants the Commission to make a positive statement on the record affirming their
support that the wetlands on the east side of town should remain as open space, and to support a
park along the stream setback on the Mandeville property in conjunction with the state land next
door.
3 :25 :34 Brian Caldwell- Public Comment
Mr. Caldwell resides at 733 South Tracy. He wanted to point out substantial deficiencies in the Bay
Area Economic report and their review of the Workforce Housing Ordinance. They incorrectly
calculated the number of workforce housing units. He explained how workforce housing units
actually should be calculated. The ordinance will create more affordable units than a 10%
calculation. It was the intent of the task force to meet or exceed the Commissions' expectations.
3:30:11 Jim Walseth - Public Comment
Mr. Walseth resides at 603 West Babcock. He complimented the City Commission for their
professionalism. As a lay person, he supports workforce housing. There isn't a large crowd tonight
because people recognize the importance of it. He stated that building and development aren't the
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only industries here, and people corne because of the amenities including affordable housing. It is
appropriate for the Commission to take steps to maintain the long-term health of the community
and a good business environment for everyone, and not just to take away the risks of developers.
3:33:14 Public Comment closed.
Mayor Krauss closed public comment.
4:01 :47 Mr. Brey
Mr. Brey read back the Commission's suggestions and provisions from tonight: consider adding in
the "Whereas" section a 2020 Plan reference and data regarding the current AMI and average
housing costs, amend 17.02.080 C and D for an appeal process, put hardship language in the
"Waiver" section with criteria to corne later, and he will send out an email to the Workforce
Housing Task Force tomorrow identifying the concerns about the double dip and seeking
clarification as to their intent for the final adoption two weeks from tonight were the Commission
to pass this tonight with these provisions.
4:09:49 Motion and Vote to suspend the Rules and continue this meeting past 10 pm.
It was moved by Cr. Becker, seconded by Cr. Rupp, to suspend the Rules and continue the
meetine: past 10 pm.
Those votine: Ave beine: Crs. Becker, Jacobson, and Mayor Krauss.
Those votine: No beine: Crs. Rupp and Kirchhoff.
The motion failed 3-2 (need a super maiority).
Cr. Kirchhoff chane:ed his vote to Aye.
The motion carried 4-1.
4:20:00 Motion to provisionally adopt Ordinance No. 1710 and direct staff to return to the
Commission on July 2, 2007 for final presentation and final approval, amending Section
17 .02.080, (deleting) the last sentence of Section Fl.
It was moved by Cr. Becker, seconded by Cr. Rupp, to provisionally adopt Ordinance No.
1710 and direct staff to return to the Commission on July 2, 2007 for final presentation and
final approval, amen dine: Section 17.02.080, (deletine:) the last sentence of Section Fl: "In
addition, the documented costs of maior improvements necessary to maintain the e:ood
condition of the house shall be reimbursed at closine:. "
4:23 :44 Amendment to Motion
It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to include the 2020 Plan statement
in the "Whereas" section, the data ree:ardine: AMI and median home prices for our area, the
ability to reauest a waiver from the absence reauirement beine: no more than a year (fin dine:
some hardship), and addine: the word "hardship" in the "Waiver" section.
4:27:07 Vote on Amendment
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lIt was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to include the 2020 Plan
statement in the "Whereas" section. the data ree:ardine: AMI and median home prices for our
area. the ability to request a waiver from the absence reauirement beine: no more than a year
(fin dine: some hardship), and addine: the word "hardship" in the "Waiver" section.l
Those votine: Aye beine: Crs. Kirchhoff and Jacobson.
Those votine: No beine: Crs. Becker. Rupp. and Mayor Krauss.
The amendment fails 2-3.
4:27:20 Amendment to Motion
It was moved by Cr. Kirchhoff, seconded bv Cr. Jacobson, that unless it can somehow be
demonstrated between this and the second readine: that there is no double dippine: e:oine: on
that under 17.02.060. Cost Offsets AI: "The reduction in parkland 1:1 ratio" should be
stricken.
4:31 :01 Vote on Amendment
lIt was moved by Cr. Kirchhoff, seconded by Cr. Jacobson. that unless it can somehow be
demonstrated between this and the second readine: that there is no double dip pine: e:oine: on
that under 17.02.060, Cost Offsets AI: "The reduction in parkland 1:1 ratio" should be
stricken:
"The reduction of parkland for WHU shall be a 1:1 ratio based on the required sauare
footae:e of the lot area. For example. if 50,000 square feet of WHU lots are required then
there shall be a reduction in the required parkland area of 50.000 square feet. If the
developer chooses to develop more than the reauired WHU lots the additional lot area square
footae:e. above the required, shall not reduce the parkland area in excess of the required. The
reduction of parkland shall be allowed for WHUs and/or lots provided offsite but only to the
extent of the required WHU lot area for the development applyine: for this parkland offset
and only applied on the site of the development applyine: for the parkland offset. "1
Those votine: Aye beine: Crs. Kirchhoff and Jacobson.
Those votine: No beine: Crs. Becker. Rupp, and Mayor Krauss.
The motion failed 2-3.
4:37:14 Vote to provisionally adopt Ordinance No. 1710 and direct staff to return to the
Commission on July 2, 2007 for final presentation and final approval, amending Section
17 .02.080, (deleting) the last sentence of Section F1.
lIt was moved by Cr. Becker. seconded by Cr. Rupp, to provisionally adopt Ordinance No.
1710 and direct staff to return to the Commission on July 2, 2007 for final presentation and
final approval. amen dine: Section 17.02.080, (deletine:) the last sentence of SeCtionFl: "In
addition. the documented costs of maior improvements necessary to maintain the e:ood
condition of the house shall be reimbursed at closine:. "1
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Those votine: Aye beine: Crs. Becker. Runn. and Mayor Krauss.
Those votine: No beine: Crs. Kirchhoff and Jacobson.
The motion carried 3-2.
4:38:34 11. Provisional Adoption of Ordinance No. 1709, Workforce Housing Revisions to
Title 18 of the Bozeman Municipal Code, Unified Development Ordinance (Brey)
4:39:02Mr. Brey
Mr. Brey presented the staff report.
4:48:53 Public Comment
Mayor Krauss opened and closed public comment. No person commented.
4:49:21 Motion to provisionally adopt Ordinance No. 1709.
It was moved by Cr. Kirchhoff. seconded by Cr. Becker. to nrovisionallv adont Ordinance
No. 1709.
4:50:52 Vote to provisionally adopt Ordinance No. 1709.
[It was moved by Cr. Kirchhoff. seconded by Cr. Becker. to nrovisionally adont Ordinance
No. 1709.1
Those votine: Aye beine: Crs. Kirchhoff. Becker. Runn, and Mavor Krauss.
Those votine: No beine: none.
The motion carried 4-0.
4:51:02 I.
FYllDiscussion
4:51 :31 Cr. Becker
Cr. Becker asked if abandoned buildings, such as Hardee's, are required to cut their grass and
control their weeds. He wanted a Code Enforcement Officer to take a look.
4:52:05 J. Adjournment
Mayor Krauss adjourned the meeting.
J~l~i~
ATTEST:
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PREPARED BY:
Approved on
f\Jav~~e}- c9i. ~7 .
,
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