HomeMy WebLinkAboutAgenda Packet 12-04-06THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
AGENDA
Monday, December 4, 2006
A. Call to Order - 6:00 PM - Community Room, Gallatin County Courthouse,
311 West Main
B. Pledge of Allegiance and Moment of Silence
C. Public Service Announcement - Stormwater (Johnson)
D. Minutes - November 6, November 13 and November 27, 2006
*Consider a motion to approve the Minutes of November 6, November 13 and November
27, 2006 as submitted.
E. Consent
1. Authorize payment of claims (LaMeres)
2. Adopt Commission Resolution No. 3981, Change Order No. 2 Durston
Road SID 684 Project (Stodola)
3. Authorize City Manager to Sign Temporary Drainage Easement –
Blackleaf Group, LLC (Stodola)
4. Approve Meadow Creek Subdivision, Phase 1 Final Plat (Cooper)
*Consider a motion to approve Consent items 1 – 4 as listed above.
F. Public Comment - Please state name and address in an audible tone of voice for
the record.
This is the time for individuals to comment on matters falling within the
purview of the Bozeman City Commission. There will also be an
opportunity in conjunction with each agenda item for comments pertaining
to that item. Please limit your comments to 3 minutes.
G. Action Items
1. Presentation of the Contract Goal of the Bozeman Parking Garage
(Fontenot)
*Consider taking action if necessary.
2. Buffalo Wild Wings Conditional Use Permit/Certificate of
Appropriateness, #Z-06209, continued from Nov. 6th - APPLICATION
WITHDRAWN AT APPLICANT’S REQUEST (Kozub)
*Consider a motion acknowledging receipt of the applicant’s request to withdraw their
application for Buffalo Wild Wings Conditional Use Permit/Certificate of
Appropriateness, #Z-06209.
3. Edgewood Townhomes Preliminary Planned Unit Development, #Z-
06149, continued from Nov. 6th - APPLICATION WITHDRAWN AT
APPLICANT’S REQUEST (Skelton)
*Consider a motion acknowledging receipt of the applicant’s request to withdraw their
application for Edgewood Townhomes Preliminary Planned Unit Development, #Z-
06149.
4. Edgewood Townhomes Major Subdivision Preliminary Plat, #P-06041,
continued from Nov. 6th - APPLICATION WITHDRAWN AT
APPLICANT’S REQUEST (Skelton)
*Consider a motion acknowledging receipt of the applicant’s request to withdraw their
application for Edgewood Townhomes Major Subdivision Preliminary Plat, #P-06041.
5. Old Chicago Minor Subdivision Preliminary Plat Application #P-06054 –
PUBLIC HEARING (Knight)
*Consider a motion to conditionally approve the Old Chicago Minor Subdivision
Preliminary Plat application, based on the Planning Board’s recommendation of
conditional approval, with the conditions listed on Page 2 of Planning Board Resolution
#P-06054.
H. FYI/Discussion
1. Goals Discussion (Kukulski)
2. Affordable Housing Task Force Update (Brey)
3. South 19th Street Lights (Fontenot)
I. Adjournment
City Commission meetings are open to all members of the public. If you have a disability that requires
assistance, please contact our ADA Coordinator, Ron Brey, at 582 2306 (TDD 582 2301).
Please note that agenda submissions must be received by the City Manager the Wednesday before the
Commission Meeting.
For further information please see the City of Bozeman webpage at www.bozeman.net
Commission meetings are televised live on cable channel twenty. Repeats are aired at 5 PM on Wednesday
and Friday and 1 PM on Sundays.
LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
November 6, 2006
*****************************
The Commission of the City of Bozeman met in the Community Room, Gallatin County
Courthouse, 311 West Main, on Monday, November 6, 2006, at 6:00 p.m. Present were
Mayor Jeff Krauss, Cr. Sean Becker, Cr. Steve Kirchhoff, Cr. Jeff Rupp, City Manager
Chris Kukulski, Assistant City Manager Ron Brey, Public Works Director Debbie Arkell,
Assistant Planning Director Chris Saunders, City Attorney Paul Luwe, and City Clerk
Brit Fontenot.
0:10:07 [18:03:15] A. Call to Order - 6:00 p.m. - Community Room, Gallatin County
Courthouse, 311 West Main
0:10:09 [18:03:17] B. Pledge of Allegiance and Moment of Silence
0:10:56 [18:04:04] Changes to the agenda
Mayor Krauss asked City Manager Kukulski about any changes to the agenda. Mr.
Kukulski responded that there has been a request to continue the public hearing,
Edgewood Townhomes Preliminary Planned Unit Development, #Z-06149, to December
4, 2006.
0:11:42 [18:04:58] C. Public Service Announcement(s) - 911 Mil Levy
(Cashell/Rosenberry)
Anna Rosenberry, City of Bozeman Finance Director informed the public about the 911
ballot issue in the context of financial matters.
Gallatin County Sheriff Jim Cashell stated the top 10 reasons for supporting the 911 Mil
Levy.
Public Works Director Debbie Arkell updated the public on the progress of the
construction of Durston Road.
0:18:06 [22:54:26] D. Minutes - October 16, October 20 (Joint City-County Meeting),
and October 30, 2006
0:18:09 [18:11:23] Motion and Vote to approve the minutes for October 16, October
20 (Joint City-County Meeting), and October 30, 2006 as submitted.
It was moved by Cr. Becker, seconded by Cr. Rupp, to approve the minutes for
October 16, October 20 (Joint City-County Meeting), and October 30, 2006 as
submitted.
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Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson and Mayor Krauss.
Those voting No being none.
The motion carried.
0:18:22 [18:11:24] E. Consent
1. Authorize payment of claims (LaMeres)
2. Authorize City Manager to sign State Lands East Annexation Agreement (Cooper)
3. Approve Resolution 3974, Resolution of Annexation for State Lands East
(Cooper)
4. Provisionally adopt Ordinance 1677, Initial Zoning of State Lands East (Cooper)
5. Adopt Resolution 3975 declaring Mandeville Farm blighted (Kukulski)
6. Approve Morgan Annexation (part 46), #A-06010
7. Adopt Resolution 3976 transferring ownership of parking lots from the Parking
Commission to the City of Bozeman (Luwe)
8. Approve Durston Road SID Project - Amendment No.4 to the Professional
Services Agreement (Stodola)
9. Approve Hyalite Transmission Main Project - Amendment No.3 to the
Professional Services Agreement (Stodola)
10. Authorize Mayor to sign Findings of Fact and Order for Meadow Creek
Subdivision (Cooper)
11. Award contract for fire suppression system for Bogert Pavilion to Spring
Corporation (Goehrung)
12. Award bid for Side Loader to Rocky Mountain Truck Center (Johnson)
13. Finally Adopt Ordinance 1676 Legends Zone Map Amendment (Bernard)
14. Approve Baxter Meadows Phase 3A Final Plat (Cooper)
15. Approve Bozeman Gateway Subdivision Planned Unit Development, Phase 3,
Final Plat (Cooper)
16. Authorize City Manager to sign Wilda Lane Annexation Agreement (Cooper)
17. Adopt Resolution 3978 Wilda Lane Annexation (Cooper)
18. Adopt Ordinance 1679 Wilda Lane Zone Map Amendment (Cooper)
19. Authorize payment of Buttrey's Solvent Site Cost Recovery (Luwe)
20. Approve Oak Springs Subdivision, Phase 3, Final Plat (Cooper)
21. Authorize Mayor to sign Findings of Fact and Order for LeClair Minor
Subdivision (Cooper)
22. Authorize Mayor to sign Findings of Fact and Order for Wierda Minor
Subdivision (Cooper)
0:18:25 [18:11:49] F. Public Comment
Mayor Krauss called for public comment on Consent Items E1 - E22.
0:18:45 [18:12:11] Public Comment - Deb Stober
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Deb Stober resides at 395 North Valley Drive. She voiced concern about the Durston
Road SID amendment and the contract increase due to a proposed engineering change.
0:20:52 [18:12:13] Mr. Kukulski
Mr. Kukulski provided clarification on the Professional Services Agreement (E8 Approve
Durston Road SID Project - Amendment No.4 to the Professional Services Agreement.
0:27:06 [18:19:40] Motion and Vote to approve consent items E1 - E22 as listed.
It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to approve consent items E1
- E22 as listed.
Those voting Aye being Crs. Rupp, Kirchhoff, Jacobson and Mayor Krauss.
Those voting No being none.
The motion carried.
0:27:24 [18:20:40] F. Public Comment
Mayor Krauss called for public comment. This was the time for individuals to comment
on matters falling within the purview of the Bozeman City Commission. There was also
an opportunity in conjunction with each agenda item for comments pertaining to that
item.
0:27:45 [18:21:08] Public Comment - Marty Lambert
Marty Lambert resides at 1611 Willow Way. He opposes the Lincoln Park Condo project
and suggested limiting dense development and restricting the proposal to maintain the
single family character of the neighborhood.
0:30:17 [18:21:09] Public Comment - Savannah Barns
Savannah Barns resides at 1602 Maple Lane. She is angry about having to appear before
the Commission for the fourth time to protect their neighborhood. She resents feeling
like a victim and opposes the Lincoln park Condos project.
0:33:14 [18:23:55] Public Comment - Joanne Wilke
Joanne Wilke resides at 1665 Alder Court and opposes the revised Lincoln Park
development plan.
0:36:49 [18:26:46] Public Comment - Michael Ivy
Michael Ivy resides at 1407 South Rouse and asks that the Commission not delay the
issue [of Edgewood Townhomes] and requested that the Commission proceed with
testimony and follow-up with a vote.
0:40:01 [18:33:08] Public Comment - Deb Stober
Deb Stober resides at 395 North Valley Drive. She seeks a date certain for the opening of
Durston and Annie streets. She questioned the possibility of enacting ordinance limiting
road closures and proposed a waiting list for construction. She is seeking a Valley Drive
street sign on Durston Road. She asked the Commission to seriously consider the
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number of blight designations being adopted and is upset about compact fluorescent light
bulbs in the City.
0:42:55 [18:33:47] Public Comment - David Smith
David Smith, President and CEO of the Bozeman Area Chamber of Commerce, stated
that the road construction this year is a colossal failure and noted that some businesses in
the construction zones have revenues half of what they would normally have. He
suggested an allowance in sign codes for larger signs in construction areas.
0:47:12 [18:40:43] G. Action Items
0:47:20 [22:53:38] 1. Special Improvement Lighting District No. 696, Laurel Glen
Subdivision Phase II (Rosenberry) - PUBLIC HEARING, open and continue to
November 20, 2006.
0:47:30 [18:40:46] Staff Report
Director of Finance Anna Rosenberry requested an open and continuance on the Special
Improvement Lighting District No. 696, Laurel Glen Subdivision Phase II.
0:47:55 [18:41:08] Public Comment
Mayor Krauss called for public comment.
No person commented.
0:48:10 [18:41:12] Motion and Vote to continue to Nov. 20, 2006, the Special
Improvement Lighting District No. 696, Laurel Glen Subdivision Phase II
It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to continue to Nov. 20,
2006, the Special Improvement Lighting District No. 696, Laurel Glen Subdivision
Phase II.
Those voting Aye being Crs. Kirchhoff, Jacobson, Becker, Rupp and Mayor Krauss.
Those voting no being
The motion carried.
0:48:40 [18:41:25] 2. Fire Master Plan (Winn) - PUBLIC HEARING
0:49:25 [18:41:55] Staff Report
Director of Public Safety - Fire Services Chuck Winn presented the staff report and Fire
Master Plan.
1:11:59 [18:42:51] Public Comment
Mayor Krauss called for public comment.
No person commented.
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1:34:48 [19:09:10] Motion to adopt the amended fire protection master plan and
formally adopt a 6 minute response time.
It was moved by Cr. Jacobson, seconded by Cr. Becker, to adopt the amended fire
protection master plan as the guiding document for our [City of Bozeman] future
planning and formally adopt a 6 minute response time goal for the Bozeman fire
department.
1:41:23 [19:13:32] Vote to adopt the amended fire protection master plan and
formally adopt a 6 minute response time.
[It was moved by Cr. Jacobson, seconded by Cr. Becker, to adopt the amended fire
protection master plan as the guiding document for our [City of Bozeman] future
planning and formally adopt a 6 minute response time goal for the Bozeman fire
department.]
Those voting Aye being Crs. Jacobson, Becker, Rupp, Kirchhoff and Mayor Krauss.
Those voting No being none.
The motion carried.
1:41:46 [19:14:40] Break
Mayor Krauss called for a break.
1:54:06 [19:15:20] 3. Edgewood Townhomes Major Subdivision Preliminary Plat,
#P-06041 opened and continued from August 28, 2006 (Skelton)
1:54:56 [19:16:39] Staff Report
Senior Planner Dave Skelton presented the staff report.
2:04:42 [19:19:45] Public Comment
Mayor Krauss called for public comment.
2:04:51 [19:20:52] Public Comment - Brian Gallik
Attorney Brian Gallik, 35 N. Grand Avenue, appeared on behalf of his clients Jimmy and
Sherry Pepper who are opposed to the pending application, including recent changes. He
suggested that the Commission make decision based on the original application submitted
months ago.
2:07:37 [19:22:28] Public Comment - Frank Munshower
Frank Munshower resides at 1407 South Bozeman Avenue and is Chairman of the
Executive Committee of the Bozeman Creek Neighborhood Association and requested a
firm answer on whether this issue would be tabled. He also requested more notice before
the Planning Dept. meets with the developer.
2:21:45 [19:36:20] Public Comment
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Mayor Krauss called for further public comment.
No person commented.
2:21:57 [19:36:49] Motion to continue the Edgewood Townhomes Major Subdivision
Preliminary Plat, #P-06041 hearing to December 4, 2006.
It was moved by Cr. Becker, seconded by Cr. Rupp, to continue the public hearing
on the initial Edgewood Townhomes Major Subdivision preliminary plat
application to December 4, 2006.
2:23:23 [19:49:25] Vote to continue the Edgewood Townhomes Major Subdivision
Preliminary Plat, #P-06041hearing to December 4, 2006
[It was moved by Cr. Becker, seconded by Cr. Rupp, to continue the public hearing
on the initial Edgewood Townhomes Major Subdivision preliminary plat
application to December 4, 2006.]
Those voting Aye being Crs. Becker, Rupp, Jacobson and Mayor Krauss.
Those voting No being Cr. Kirchhoff.
The motion carried.
2:23:34 [19:49:44] 4. Edgewood Townhomes Preliminary Planned Unit
Development, #Z-06149, opened and continued from August 28, 2006 (Skelton)
2:23:39 [19:50:11] Staff report
Senior Planner Dave Skelton presented the staff report.
2:24:18 [19:52:26] Public Comment
Mayor Krauss called for public comment.
2:24:23 [19:53:10] Public Comment - Frank Munshower
Frank Munshower resides at 1407 South Bozeman Avenue and is Chairman of the
Executive Committee of the Bozeman Creek Neighborhood Association and requested
that the City Planning Department notify the BCNA when they are meeting with the
developer.
2:27:45 [19:56:41] Public Comment - Chuck Paden
Chuck Paden resides at 507 Ice Pond Road. He requested clarification on whether or not
the public will have the opportunity to comment on both Edgewood applications.
2:28:42 [19:57:22] Motion and Vote to continue the Edgewood Townhomes
Preliminary Planned Unit Development, #Z-06149 to December 4, 2006.
It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to continue the Edgewood
Townhomes Preliminary Planned Unit Development [the original application], #Z-
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06149 to Dec. 4, 2006.
Those voting Aye being Crs. Rupp, Jacobson, Becker and Mayor Krauss.
Those voting No being Cr. Kirchhoff.
The motion carried.
2:29:50 [19:59:09] 5. Buffalo Wild Wings Conditional Use Permit/Certificate of
Appropriateness, #Z-06209, opened and continued from October 16, 2006 (Kozub)
2:30:11 [19:59:46] Staff report
Planner Susan Kozub presented the staff report.
2:31:27 [20:00:20] Public Comment
Mayor Krauss called for public comment.
No person commented.
2:34:51 [20:11:09] Motion to continue the Buffalo Wild Wings Conditional Use
Permit/Certificate of Appropriateness, #Z-06209 to Dec. 4, 2006.
It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to continue the Buffalo
Wild Wings Conditional Use Permit/Certificate of Appropriateness, #Z-06209 to
Dec. 4, 2006.
2:36:16 [20:12:29] Vote to continue the Buffalo Wild Wings Conditional Use
Permit/Certificate of Appropriateness, #Z-06209 to Dec. 4, 2006.
[It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to continue the Buffalo
Wild Wings Conditional Use Permit/Certificate of Appropriateness, #Z-06209 to
Dec. 4, 2006.]
Those voting Aye being Crs. Becker and Mayor Krauss.
Those voting No being Crs. Kirchhoff, Jacobson and Rupp.
The motion failed.
2:40:07 [20:19:07] Substitute motion to continue the Buffalo Wild Wings
Conditional Use Permit/Certificate of Appropriateness, #Z-06209 to Dec. 4, 2006.
It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, continue the Buffalo
Wild Wings Conditional Use Permit/Certificate of Appropriateness, #Z-06209 to
Dec. 4, 2006.
2:40:27 [20:19:14] Vote to continue the Buffalo Wild Wings Conditional Use
Permit/Certificate of Appropriateness, #Z-06209 to Dec. 4, 2006.
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[It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, continue the Buffalo
Wild Wings Conditional Use Permit/Certificate of Appropriateness, #Z-06209 to
Dec. 4, 2006.]
Those voting Aye being Crs. Jacobson, Becker and Mayor Krauss.
Those voting No being Crs. Kirchhoff and Rupp.
The motion carried.
2:40:55 [20:19:40] Mayor Krauss
Mayor Krauss requested from Mr. Luwe information about whether or not the Mayor can
postpone hearings in the absence of the applicant.
2:41:57 [20:20:28] 6. Lincoln Park Condos Site Plan, #Z-06193 (Kozub) (Tabled from
Oct. 16, 2006)
2:42:17 [20:21:27] Staff Report
Planner Susan Kozub presented the staff report
2:47:06 [20:22:56] Commissioner Rupp
Commissioner Rupp stated that he was absent on October 16, 2006 the meeting in which
when this item was tabled.
2:50:46 [20:26:51] Applicant
Catherine Konen of Gaston Engineering appeared on behalf of the applicant and Jeremy
Shay, the applicant, appeared on his own behalf.
3:15:03 [20:43:08] Public Comment
Mayor Krauss called for public comment.
3:15:33 [20:43:35] Public Comment - Marty Lambert
Marty Lambert resides at 1611 Willow Way and suggests this is an illogical development
in a college town when one takes into consideration the character of the neighborhood.
The proposal does not providing a transition area between units and parking will be an
issue.
3:19:07 [20:43:43] Public Comment - Joanne Wilke
Joanne Wilke resides at 1665 Alder Court . She clarified that her earlier comments
referred to the revised plan, she continues to oppose the development.
3:22:11 [20:43:55] Public Comment - Savannah Barnes
Savannah Barnes resides at 1602 Maple Lane. She continues to oppose the Lincoln Park
development.
3:23:52 [20:44:17] Public Comment - Mary Price
Mary Price resides at 1615 Alder Court and while she appreciates the efforts by the
developer to revise the plans but its still too dense.
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3:24:29 [20:45:05] Public Comment - Brian Hamer
Brian Hamer, no residence stated, states that if this area is too dense for R-1 zoning than
the law should be changed.
3:27:08 [20:47:04] Applicant Response to public comment
The applicant had no response.
3:46:24 [20:55:57] Motion and Vote to forward the Lincoln Park Condos Site Plan to
DRC and return to the Commission on Nov. 20, 2006.
It was moved by Cr. Becker, seconded by Cr. Jacobson, to forward the Lincoln Park
Condos Site Plan, #Z-06193 revised application, to the Design Review Committee
with the advice and comments provided by the Commission for DRC review and
return to the Commission on Dec. 20, 2006.
Those voting Aye being Crs. Becker, Jacobson, Kirchhoff and Mayor Krauss.
Those voting No being Cr. Rupp.
The motion carried.
3:48:20 [20:56:23] 7. Oak Meadows Condos Site Plan/Certificate of
Appropriateness/Deviations (Krueger) [Tabled on October 23, 2006 with a motion on
the floor and vote held in abeyance]
3:49:20 [20:57:18] Staff report
Planner Brian Krueger presented the staff report.
3:51:21 [20:57:59] Applicant
James Nicholson of Morrison-Maierle appeared for the applicant.
3:53:01 [20:59:02] Public Comment
Mayor Krauss called for public comment.
No person commented.
3:53:09 [21:00:04] Withdrawal of original motion by Commissioner Kirchhoff
Commissioner Kirchhoff withdrew the original motion made on October 23, 2006:
[It was moved by Cr. Kirchhoff, seconded by Cr. Becker, to conditionally approve
Oak Street Meadows Condos Site Plan/Certificate of Appropriateness/Deviations as
conditioned by Planning Staff including the most recent one (a corrected condition
that was requested by City Engineering) referenced by (Planner) Brian (Krueger)]
3:53:13 [22:26:39] Withdrawal of second to the original motion by Commissioner
Becker
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Commissioner Becker withdrew his second to the original motion (see original
motion above).
3:53:39 [21:09:51] New Motion to approve Oak Meadows Condominiums Site
Plan/Certificate of Appropriateness with Deviations as conditioned by Planning
Staff.
It was moved by Cr. Kirchhoff, seconded by Cr. Becker, to approve Oak Meadows
Condominiums Site Plan/Certificate of Appropriateness with Deviations as
conditioned by Planning Staff in the November 6, 2006 staff report addendum and
as shown on the October, 2006 site plan with one deviation to 18.16.050 "Yards" to
allow a maximum encroachment of four feet into the required 20 foot rear yard
setback on Lot 2, Block 5.
RECOMMENDED CONDITIONS OF APPROVAL:
Based on the previous analysis, the DRC, DRB and ADR staff find that the
application, with conditions, is in general compliance with the adopted Growth
Policy and the City of Bozeman Unified Development Ordinance. The following
conditions of approval are recommended. Please note that these conditions are in
addition to the required code provisions beginning on Pages 3 and 4 of the October
23, 2006 staff report.
1. A stronger urban building form shall be used along the Oak Street Corridor.
An example of an appropriate build form is the Unit 5 model building. A
strong corner presence shall be established at the corners of Oak Street and
N. 14th Avenue and Lilac Avenue. The buildings along Oak Street shall have
the primary entrance facing north and a pedestrian connection to the Oak
Street trail.
2. A shared use Type IA trail constructed to City standards shall be provided in
the setback area along Oak Street. The trail location should be coordinated
with the City of Bozeman Parks Department. A preconstruction meeting is
required with the City of Bozeman Parks Department prior to construction.
3. All proposed on-street parking shall be shown and designated on the final
site plan with accurate hydrant locations, curb extensions, crosswalks, and
site vision triangles depicted on that plan.
4. The landscape plan shall be revised to address the following:
a) Accurate locations of the water and sewer, and utility lines
shall be shown on the landscape plan. No tree may be closer
than 10 feet to a utility line. Water and sewer lines shall be
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routed to avoid the parking area landscape islands in order to
protect the required tree canopy within the parking areas.
b) Sidewalks shall be moved to one side of the parking area
landscape island at the rear of unit #5’s in order to
accommodate an additional tree in those areas.
c) The proposed surface detention ponds shall be designed as
amenities. The ponds shall be lined with native grasses,
indigenous plants, and boulders to create a more natural site
amenity.
d) Additional seating areas shall be provided along the
north/south trail corridor.
e) Ground mounted mechanical equipment, including air
exchange equipment, air conditioning condensers, and
irrigation wells, are not permitted in the required yard
setbacks or open space corridor and must be noted on the site
plan and landscape plan, if proposed.
5. That the applicant provide on the site plan and exterior elevations the
location of all roof-top and/or ground-mounted mechanical and utility
equipment, including ground-mounted mechanical power and telephone
boxes, irrigation wells, as well as a typical detail(s) illustrating the materials,
color, and method of screening used to screen the equipment from adjacent
properties and public streets, for review and approval by the planning staff
prior to issuance of a C.O.A. and Final Site Plan approval.
6. The color palette for the building shall include material samples and color
chips for review and approval by the Planning Office, prior to Final Site Plan
approval. All final building elevations shall be keyed to the color palette to
delineate where each individual building material and color is specified.
7. All building/site signage anticipated shall be shown in the correct scale, size,
and color on all final building elevations and perspectives submitted for final
site plan approval.
8. The alternate design of unit #7 on Oak Street is required, that variety and
use of colors be incorporated into the design, and shrub foundation plantings
be used on street sides and internal locations of the buildings.
9. That the entire perimeter and center parkland trail of the site (i.e.,
driveways, sidewalks, egress/ingress points, setback landscaping, boulevard
trees, and trail improvements) shall be installed with the initial phase of the
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project, if phased construction is proposed.
10. That the applicant provide an access easement for the sidewalk system that
services the condominium units that front on Oak Street.
11. That the applicant upon submitting the Final Site Plan for approval by the
Planning Director and prior to issuance of a building permit, will also submit
a written narrative outlining how each of the conditions of approval and code
provisions have been satisfied
12. The Final Site Plan shall be adequately dimensioned. A complete legend of all
line types used shall also be provided.
13. A Storm Water Drainage/Treatment Grading Plan and Maintenance Plan
for a system designed to remove solids, silt, oils, grease, and other pollutants
must be provided to and approved by the City Engineer. The plan must
demonstrate adequate site drainage (including sufficient spot elevations),
flow direction arrows, storm water detention/retention basin details
(including basin sizing and discharge calculations, and discharge structure
details), storm water discharge destination, and a storm water maintenance
plan.
14. Sewer and water services shall be shown on the FSP and approved by the
Water/Sewer Superintendent. City of Bozeman applications for service shall
be completed by the applicant.
15. Trees shall not be located within ten (10) feet of water and sewer service
lines.
16. The location of existing water and sewer mains shall be properly depicted, as
well as nearby fire hydrants. Proposed main extensions shall be labeled
"proposed".
17. The drive approach shall be constructed in accordance with the City's
standard approach (i.e., concrete apron, sidewalk section and drop-curb) and
shown as such on the FSP. A City Curb Cut and Sidewalk Permit shall be
obtained prior to FSP approval.
18. City standard sidewalk shall be installed and properly depicted at the
standard location (i.e., 1 foot off property line) along the street(s) frontage.
Any deviation to the standard alignment or location must be approved by the
City Engineer.
19. All existing utility and other easements must be shown on the FSP.
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20. Adequate snow storage area must be designated outside the sight triangles,
but on the subject property (unless a snow storage easement is obtained for a
location off the property and filed with the County Clerk and Recorder's
office).
21. Drive approach and public street intersection sight triangles shall be free of
plantings which at mature growth will obscure vision within the sight
triangle.
22. The Montana Department of Fish, Wildlife & Parks, SCS, Montana
Department of Environmental Quality and Army Corps of Engineer's shall
be contacted regarding the proposed project and any required permits (i.e.,
310, 404, Turbidity exemption, etc.) shall be obtained prior to FSP approval.
23. If construction activities related to the project result in the disturbance of
more than 1 acre of natural ground, an erosion/sediment control plan may be
required. The Montana Department of Environmental Quality may need to
be contacted by the Applicant to determine if a Stormwater Discharge
Permit is necessary. If a permit is required by the State, the Developer shall
demonstrate to the City full permit compliance.
24. The applicant shall submit a construction route map dictating how materials
and heavy equipment will travel to and from the site in accordance with
section 18.74.020.A.1 of the Unified Development Ordinance. This shall be
submitted as part of the final site plan for site developments, or with the
infrastructure plans for subdivisions. It shall be the responsibility of the
applicant to ensure that the construction traffic follows the approved routes.
25. All construction activities shall comply with section 18.74.020.A.2. of the
Unified Development Ordinance. This shall include routine
cleaning/sweeping of material that is dragged to adjacent streets. The City
may require a guarantee as allowed for under this section at any time during
the construction to ensure any damages or cleaning that are required are
complete. The developer shall be responsible to reimburse the City for all
costs associated with the work if it becomes necessary for the City to correct
any problems that are identified.
26. Regarding Condition No. 11, indicate the impact of the development on the
previously approved storm water plan for the Oakwood Meadows
Subdivision. Any storm water runoff that exceeds what was previously
designed for shall be retained on site.
27. At the 21’ wide alleys provide the City standard alley approach instead of the
radii shown.
14
28. Wherever parking shall not be allowed on the private streets the curb shall
be painted red with white lettering that is at least 3" in height and signs
provided every 35 feet that state "FIRE LANE/TOW AWAY ZON". No
parking shall be allowed on the private streets and alleys less than 27 ft wide
and parking may be allowed on one side of the 27 29 ft wide private street.
29. Plans and Specifications for water and sewer main extensions prepared and
signed by a Professional Engineer (PE) registered in the State of Montana
shall be provided to and approved by the City Engineer. Water and sewer
plans shall also be approved by 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. Construction shall not be initiated
on the public infrastructure improvements until the plans and specifications
have been approved and a preconstruction conference has been conducted.
No building permits shall be issued prior to City acceptance of the required
infrastructure improvements unless approved for concurrent construction.
30. A 30 ft wide easement shall be provided for the water and sewer mains
within the property prior to FSP approval.
31. Wherever sanitary sewer mains are not located under or accessed from
improved streets, a 12 foot wide all weather access drive shall be constructed
to provide necessary access.
32. A Public Access Easement shall be provided for the private streets thru the
property prior to FSP approval
Those voting Aye being Crs. Kirchhoff, Becker, Jacobson and Mayor Krauss.
Those voting No being none.
Those absent being Cr. Rupp.
The motion carried.
3:54:40 [21:10:01] 8. Delaney/Indreland Fence, Phase II, Z-06239 - PUBLIC
HEARING
3:55:11 [21:10:39] Staff report
Director of Planning Andy Epple presented the staff report
3:58:35 [21:11:01] Applicant
Ileana Inderland appeared on behalf of the applicant.
3:58:59 [21:11:16] Public Comment
Mayor Krauss Called for public comment.
No person commented.
15
4:02:53 [21:19:14] Motion and Vote to approve the Delaney/Indreland Fence, Phase
II, Z-06239
It was moved by Cr. Jacobson, seconded by Cr. Becker, to approve the
Delaney/Indreland Fence, Phase II, Z-06239 as conditioned by planning staff.
Conditions:
1. All proposed fences shall avoid the required site vision triangle at the alley
and East Story Street intersection.
2. Prior to the issuance of a building permit, the applicant shall submit a detail
for the proposed gate of Fence Type C.
3. Prior to the issuance of a building permit, the applicant shall submit a
modified fence site plan that depicts Fence Type B as beginning at the 15-foot
corner side yard line along East Story Street.
4. The applicant shall provide a color and materials palette for final design
review and approval by Administrative Design Review Staff (including color
of the concrete and rod iron fencing material).
5. The applicant shall obtain a building permit and pay all required fees prior
to construction, and within one year of Certificate of Appropriateness
approval or this approval shall become null and void.
6. This project shall be constructed as approved and conditioned in the
Certificate of Appropriateness with deviations 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 Department of Planning prior to undertaking
said modifications, as required by Section 18.64.110 of the Bozeman Unified
Development Ordinance.
Those voting Aye being Crs. Jacobson, Becker, Rupp, Kirchhoff and Mayor Krauss.
Those voting No being none.
The motion carried.
4:03:36 [22:28:03] Suspension of the Rules of Procedure to allow the meeting to
continue past 10 PM.
Mayor Krauss suspended the Rules of Procedure to allow the meeting to continue
past 10 PM.
4:04:53 [21:20:57] 9. Morgan Zone Map Amendment, #A-06197 - PUBLIC
HEARING
16
4:04:56 [21:21:44] Staff report
Planner Martin Knight presented the staff report.
4:06:33 [21:24:13] Applicant
Chris Budeski of Madison Engineering appeared for the applicant.
4:07:32 [21:24:19] Questions for the applicant
There were no questions for the applicant.
4:07:51 [21:24:41] Public Comment
Mayor Pro Tem Jacobson called for public comment.
No person commented.
4:08:12 [21:29:41] Motion and Vote to approve the Morgan Zone Map Amendment,
#A-06197.
It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to approve the Morgan Zone
Map Amendment, #A-06197 with contingencies listed on page 2 of the Zoning
Commission Resolution #Z-06197.
Recommended Contingencies:
1. That the Ordinance of the Zone Map Amendment shall not be adopted until
the Resolution of Annexation is signed by the applicant and formally
approved by the City Commission. If the annexation is not approved, the
application shall be null and void.
2. That the applicant submit a zone amendment map, titled "Morgan tract 2
Zone Map Amendment", on a 24" by 36" mylar, 8 ½" by 11", or 8 ½" by
14" paper exhibit, and a digital 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 Zoning Map. Said map
shall contain a metes and bounds legal description of the perimeter of the
subject property and zoning districts, and total acreage of the property.
3. That the Ordinance for the Zone Map Amendment shall not be drafted until
the applicant provides a metes and bounds legal description prepared by 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.
17
Those voting Aye being Crs. Rupp, Kirchhoff, Becker and Mayor Pro Tem
Jacobson.
Those voting No being none.
Those absent being Mayor Krauss.
The motion carried.
4:09:02 [21:32:08] 10. Genesis Business Park Annexation, #A-06003 - PUBLIC
HEARING
4:09:09 [21:34:31] Staff report
Senior Planner Dave Skelton presented the staff report.
4:15:00 [21:35:52] Applicant
Chris Budeski and Gene Gianforte appeared for the applicant.
4:19:21 [21:40:22] Motion to approve the Genesis Business Park Annexation, #A-
06003
It was moved by Cr. Becker, seconded by Commissioner Kirchhoff, to approve the
request for annexation [Genesis Business Park Annexation, #A-06003 based on the
terms and contingencies outlined in the staff report and direct staff to prepare an
annexation agreement for signature by the parties.]
Staff Recommendation:
1. Applicant shall provide and file with the County Clerk and Recorder's office
executed Waivers of Right to Protest Creation of S.I.D.'s for the following:
a. Street improvements including paving, curb/gutter, sidewalk
and storm drainage facilities for the following streets 1) South
19th Avenue, 2) Graf Street, 3) South 27th Avenue, 4) Stucky
Road, 5) Fowler Avenue, 6) Blackwood Road, and 7)
applicable signalization improvements at said street
intersections.
b. Truck Sewer and Water Mains to service the property.
The documents filed shall specify that in the event an S.I.D. is not utilized for
the completion of these improvements, the developer agrees to participate in
an alternate financing method for the completion of said improvements on a
fair share, proportionate basis as determined by square footage of property,
taxable valuation of the property, traffic contribution from the development
or a combination thereof.
18
2. Public street and utility easements shall be provided for South 19th Avenue
unless adequate right of way already exists.
3. That the applicant execute at the Gallatin County Clerk & Recorder's Office
a waiver of right-to-protest creation of S.I.D.'s for a City-wide Park
Maintenance District, which would provide a mechanism for the fair and
equitable assessment of maintenance costs for City parks as part of the
Annexation Agreement.
4. The property owner shall provide usable water rights, or cash in-lieu thereof,
in the amount determined by the Director of Public Service at the time the
property is annexed to the corporate limits to the City of Bozeman.
5. The property owner should be advised that prior to development of the
property, the future developer(s) may be required to prepare, at their own
expense, a comprehensive design report evaluating existing capacity of water
and sewer utilities, storm water master plan and traffic impacts.
6. That at the time of any new development on the property, fire, street, water
and wastewater impact fees will be assessed.
7. The Annexation Agreement should include notice that, prior to development,
the developer will be responsible for installing any facilities required to
provide full municipal services to the property in accordance with the City's
infrastructure Master Plan and all city policies and guidelines that may be in
effect at the time of development.
8. The Annexation Agreement shall contain a section that the Landowner
acknowledges and agrees that that future development will comply with the
goals and policies of the Bozeman 2020 Community Plan, and having
recognized the City's concern for implementation of progressive urban
design guidelines outlined in the Bozeman 2020 Community Plan for both
community and neighborhood design, a Master Plan of the land use patterns
and types for development of the property that addresses compatibility with,
and sensitive to, the immediate environment of the site and the adjacent
neighborhoods relative to architectural design, building mass and height,
neighborhood identity, landscaping, historical character, orientation of
buildings, and visual integration shall be provided.
9. An Annexation Map, titled "Genesis Business Park Annexation Map" with a
legal description of the property and adjoining rights-of-way and/or street
access easements (i.e., Griffin Drive and Manley Road) shall be submitted by
the applicant for use with the Annexation Agreement. The map must be
supplied on a mylar for City records (18" by 24"), a reduced 8 ½" x 11" or 8
½" by 14" exhibit for filing with the Annexation Agreement at the County
Clerk & Recorder, and a digital copy for the City Engineer's Office. This
19
map must be acceptable to the Director of Public Services and City
Engineer's Office, and shall be submitted with the signed Annexation
Agreement.
10. That the applicant execute an Annexation Agreement, which addresses all
contingencies and terms placed on the annexation application by the City
Commission, shall be signed, notarized and returned to the City of Bozeman
Planning & Community Development Department within sixty (60) days of
distribution of the annexation agreement, unless another time period is
specifically identified by the City Commission.
4:19:43 [21:41:20] Motion to amend the previous motion.
It was moved by Cr. Rupp to amend the previous motion to include the conditions
outlined in the Ainsworth letter of November 2, 2006.
The motion to amend fails for the lack of a second.
4:20:04 [22:28:13] Vote to approve the Genesis Business Park Annexation, #A-
06003.
It was moved by Cr. Becker, seconded by Commissioner Kirchhoff, to approve the
request for annexation [Genesis Business Park Annexation, #A-06003 based on the
terms and contingencies outlined in the staff report and direct staff to prepare an
annexation agreement for signature by the parties.] See conditions above.
Those voting Aye being Crs. Becker, Kirchhoff, Jacobson, Rupp and Mayor Krauss.
Those voting No being none.
The motion carried.
4:20:17 [21:43:22] 11. Genesis Business Park Zone Map Amendment, #Z-06133 -
PUBLIC HEARING
4:20:23 [21:43:39] Staff Report
Senior Planner Dave Skelton presented the staff report.
4:22:06 [21:44:35] Applicant
The applicant did not have a presentation.
4:22:14 [21:45:31] Public Comment
Mayor Krauss called for public comment.
No person commented.
4:22:27 [21:45:43] Motion and Vote to approve the Genesis Business Park Zone Map
Amendment, #Z-06133.
20
It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to approve the Genesis
Business Park Zone Map Amendment, #Z-06133 for an initial municipal "BP"
zoning designation based on the recommendations outlined in the staff report and
Zoning Commission Resolution #Z-06133.
Staff Recommendations:
1. That the Ordinance of the Zone Map Amendment shall not be adopted until
the Resolution of Annexation is signed by the applicant and formally
approved by the City Commission. If the annexation is not approved, the
application shall be null and void.
2. That the Ordinance for the Zone Map Amendment shall not be adopted until
the growth policy amendment to amend the Land Use Plan Element of the
Bozeman 2020 Community Plan from "Residential" to "Business Park" is
formally adopted by the City Commission.
3. That the applicant submit a zone amendment map, titled "Genesis Business
Park Zone Map Amendment", on a 24" by 36" mylar, 8 ½" by 11" or 8 ½"
by 14" paper exhibit, and two (2) digital copies 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
Zoning Map. Said map shall containing a metes and bounds legal
description of the perimeter of the subject property, total acreage of the
property and adjoining rights-of-way and/or street access easements.
4. That the Ordinance for the Zone Map Amendment shall not be drafted until
the applicant provides a metes and bounds legal description and map of the
area to be rezoned, which will be utilized in the preparation of the Ordinance
to officially amend the zone map.
Those voting Aye being Crs. Kirchhoff, Jacobson, Becker, Rupp and Mayor Krauss.
Those voting No being none.
The motion carried.
4:22:56 [21:45:52] Motion to suspend the Rules of Procedure in order to continue
the meeting.
It was moved by Cr. Becker, seconded by Jacobson, to continue to suspend the rules
to continue the meeting.
Those voting Aye being Crs. Becker, Jacobson and Rupp.
Those voting No being Cr. Kirchhoff and Mayor Krauss.
The motion carried.
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4:23:57 [21:48:55] H. Non-Action Items
4:23:58 [21:46:05] 1. Lower Yards - removal/replacement costs and location
suggestions (Arkell)
4:24:25 [21:46:30] Staff Report
Debbie Arkell presented the staff report.
4:31:15 [21:57:02] 2. City Lands Inventory Report (Goehrung)
This report was delayed to the following week.
4:31:22 [21:58:52] I. FYI/Discussion
4:31:24 [21:58:11] 1. Draft letter from the Commission supporting Streamline bustle
back style busses.
4:36:16 [22:33:09] Mayor Krauss
Mayor Krauss received the support of at least two additional Commissioners to endorse
the letter from the Commission supporting Streamline bustle back style busses.
4:36:21 [22:04:17] 2. Willson/College Traffic Signal Installation
4:39:25 [22:07:17] Mayor Krauss
Mayor Krauss questioned whether or not there was majority agreement on proceeding
with the stoplight. He received the support of at least two additional Commissioners to
place the issue of the Willson/College Traffic Signal Installation on a future agenda.
4:48:39 [22:20:35] 3. Commission Policy Meeting Schedule
4:57:06 [22:25:04] J. Adjournment
Mayor Krauss adjourned the meeting at 10:57 PM.
______________________________
Jeffrey K. Krauss, Mayor
ATTEST:
____________________________
Brit Fontenot, City Clerk
22
PREPARED BY:
______________________________________
Brit Fontenot, City Clerk
Approved on ____________________.
LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
November 13, 2006
*****************************
The Commission of the City of Bozeman met in the Community Room, Gallatin County
Courthouse, 311 West Main Street, on Monday, November 13, 2006, at 6:00 p.m.
Present were Mayor Jeff Krauss, Cr. Sean Becker, Cr. Jeff Rupp, Cr. Kaaren Jacobson,
Cr. Steve Kirchhoff, City Manager Chris Kukulski, Assistant City Manager Ron Brey,
Director of Public Services Debbie Arkell, Planning Director Andy Epple, City Attorney
Paul Luwe, and Deputy City Clerk Stuart John Bernard.
0:24:19 [17:36:07] A. Call to Order - 6:00 PM - Community Room, Gallatin County
Courthouse, 311 West Main
Mayor Krauss called the meeting to order at 6:06 PM.
0:24:21 [17:36:09] B. Pledge of Allegiance and Moment of Silence
0:25:10 [17:36:24] Changes to Agenda
The location had to be changed due to an asbestos issue at the County Building
0:25:54 [17:36:43] C. Public Service Announcement
0:26:29 [17:42:05] 2006 Beautification Awards
Associate Planner Susan Kozub presented the 2006 Beautification Awards.
0:31:35 [17:42:49] D. Consent
1. Authorize payment of claims (LaMeres)
2. Approve professional services agreement with HDR for update to the Fire Impact Fee
(Saunders)
3. Authorize amendment to contract with HDR to revise indemnification language
(Saunders)
4. Approve Mengel Annexation #A-06009 (Skelton)
5. Ratify City Manager's Signature on Montana Department of Commerce - Big Sky
Economic Development Trust Fund, Management Plan, with Gallatin Development
Corporation (Rosenberry)
6. Authorize Mayor to sign a letter supporting the Streamline "bussel back" style busses
(Fontenot)
7. Authorize City Manager to sign Public Access Easement for Baxter Springs Condos
(Johnson)
8. Provisionally Adopt Ordinance 1683 amending the City Acquisition Rules (Kukulski)
9. Provisionally Adopt Ordinance 1682 Revising Building Fees (Poulsen)
10. Adopt Resolution 3980 Clarifying the ownership of a right-of-way (Bernard)
0:32:17 [17:43:40] Motion - It was moved by Cr. Becker, seconded by Cr. Rupp, to
approve Consent items 1 - 10 as listed.
0:33:25 [17:44:33] Questions for Staff - Rupp
0:34:26 [17:47:37] Vote - to approve Consent items 1 - 10 as listed.
Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson and Mayor Krauss.
Those voting No being none.
The motion carried.
0:34:41 [18:04:51] E. Public Comment
Mayor Krauss called for Public Comment. This was the time for individuals to comment
on matters falling within the purview of the Bozeman City Commission.
0:35:13 [18:04:52] Public Comment - Brianne Barber
Brianne Barber of 308 S 5th Ave. a student, talked about global warming, and proposed a
project from Burlington, VT to reduce energy by 10%. 10percentchallenge.org
0:38:27 [18:05:58] Discussion - Becker
0:39:51 [18:06:27] Public Comment - Debbie Pendland
Debbie Pendland of 429 E. Story spoke in favor of the parking lot at Burke Park and
spoke in favor of sidewalk.
0:42:51 [18:13:00] F. Action Items
0:42:54 [18:14:10] 1. Mengel Zone Map Amendment #Z-06192 (Skelton)
0:43:18 [18:15:05] Staff Report
Senior Planner Dave Skelton presented the Staff Report
0:54:20 [18:15:24] Applicant
Dab Dabney spoke for the Applicant.
0:54:50 [18:15:59] Public Comment - Janet Swenson
Janet Swenson of 4959 Swenson Rd spoke against the zoning designation of the Mengel
Zone Map Amendment.
1:02:00 [18:19:58] Public Comment - Bob Swenson
Bob Swenson of 4959 Durston Rd understands expansion in the city happens, but feels
that the annexations will make some unhappy.
1:12:06 [18:23:46] Applicant
Dan Derby spoke of the future plans for the parcel.
1:13:42 [18:24:11] Motion - It was moved by Cr. Rupp, seconded by Cr. Jacobson, to
approve the Mengel Zone Map Amendment application for an initial municipal R-1
zoning designation based on the recommendations outlined in the staff report and
Zoning Commission Resolution #Z-06192.
1:15:35 [18:43:13] Vote - to approve the Mengel Zone Map Amendment application
for an initial municipal R-1 zoning designation based on the recommendations
outlined in the staff report and Zoning Commission Resolution #Z-06192.
Those voting Aye being Crs. Rupp, Jacobson.
Those voting No being Crs. Becker, Kirchhoff, and Mayor Krauss.
The motion failed.
1:16:18 [18:46:07] Motion and Vote - It was moved by Cr. Rupp, seconded by Cr.
Kirchhoff, to approve the Mengel Zone Map Amendment application for an initial
municipal R-2 zoning designation based on the recommendations outlined in the staff
report and Zoning Commission Resolution #Z-06192.
Those voting Aye being Crs. Becker, Kirchhoff, and Mayor Krauss.
Those voting No being Crs. Rupp, Jacobson.
The motion carried.
1:18:56 [18:48:11] 2. Senior Citizens Advisory Board Appointments (Bernard)
1:19:54 [18:49:53] Motion - It was moved by Cr. Jacobson to appoint Ken Tiahrt,
Robert Seltzer, and Sheila Velazquez to the Senior Citizens Advisory Board.
1:22:02 [21:38:34] Second - It was seconded by Cr. Rupp, to appoint Ken Tiahrt,
Robert Seltzer, and Sheila Velazquez to the Senior Citizens Advisory Board.
1:23:18 [21:42:06] Vote - to appoint Ken Tiahrt, Robert Seltzer, and Sheila Velazquez
to the Senior Citizens Advisory Board.
Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson and Mayor Krauss.
Those voting No being none.
The motion carried.
1:23:39 [18:55:16] 3. Mandeville Farm Tax Increment Financing Industrial District -
PUBLIC HEARING (Kukulski)
1:23:46 [18:55:47] Staff Report
City Manager Chris Kukulski presented the staff report.
1:29:49 [18:56:07] Public Comment
There was no public comment
1:30:09 [18:57:09] Questions for Staff - Becker
1:31:26 [18:57:53] Craig Campbell Manager Bozeman Unit DNRC
1:33:27 [19:00:08] Discussion - Krauss
1:37:57 [21:42:22] Staff - Deputy City Clerk Stuart John Bernard
1:38:21 [19:00:42] Motion and Vote - It was moved by Cr. Becker, seconded by Cr.
Rupp, to approve the Mandeville Farm Tax Increment Financing Industrial District.
Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson and Mayor Krauss.
Those voting No being none.
The motion carried.
1:38:37 [19:01:36] Motion and Vote - It was moved by Cr. Becker, seconded by Cr.
Rupp, to provisionally adopt Ordinance 1684 Creating the Mandeville Farm Tax
Increment Financing Industrial District (TIFID) as amended to change a date in the
resolution.
Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson and Mayor Krauss.
Those voting No being none.
The motion carried.
1:39:19 [19:03:05] 4. North 7th Urban Renewal Plan - PUBLIC HEARING (Brey)
1:39:32 [19:04:44] Staff Report
Assistant City Manager Ron Brey presented the staff report
1:58:17 [19:05:22] Public Comment - Bernie Jones
Bernie Jones of Darigold spoke for the North 7th Urban Renewal District, but mentioned
disinterest in one of the proposed roads that would go thru their building.
1:59:32 [19:05:25] Public Comment - Mike Hope
Mike Hope of 2215 Arrowleaf Hills Drive supports the plan and thanked Ron Brey for all
his work.
2:00:22 [19:11:40] Public Comment - Ben
Ben (last name unintelligible) of 621 N Bozeman spoke in favor of alternative forms of
transportation in the plan.
2:20:15 [19:41:58] Motion and Vote - It was moved by Cr. Rupp, seconded by Cr.
Kirchoff, to approve the North 7th Urban Renewal Plan.
Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson and Mayor Krauss.
Those voting No being none.
The motion carried.
2:20:31 [19:42:51] Motion and Vote - It was moved by Cr. Rupp, seconded by Cr.
Kirchhoff, to provisionally adopt Ordinance 1685 Adopting an Urban Renewal Plan
for the North Seventh Avenue corridor and adjacent properties.
Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson and Mayor Krauss.
Those voting No being none.
The motion carried.
2:20:58 [19:43:51] Break
2:41:48 [19:47:21] 5. 3303 Sora Way Conditional Use Permit for Accessory Dwelling
Unit, #Z-06242 - PUBLIC HEARING (Knight)
2:42:06 [19:49:35] Staff Report
Assistant Planner Martin Knight presented the staff report for 3303, 3332, and 3366 Sora
Way
2:52:32 [20:03:53] Motion - It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson,
to approve Application No. Z-06242 with the conditions of approval as outlined in the
Staff Report.
2:54:01 [20:25:23] Vote - to approve Application No. Z-06242 with the conditions of
approval as outlined in the Staff Report.
Those voting Aye being Crs. Becker, Kirchhoff, and Jacobson
Those voting No being Crs. Rupp and Mayor Krauss
The motion carried.
Conditions of Approval:
Planning:
1. Parking shall be provided for all uses in accordance with UDO Section 18.46
“Parking`.” Parking for accessory dwelling units may not provided on-street. A 26-
foot setback is required for a garage with stacked parking off an alley.
2. Accessory structures greater than 600 square feet shall not be located in any
required front, rear, or side yard.
3. Accessory structures may not occupy more than 20 percent of the area of the lot
located to the rear of the principal building. Lot coverage calculations shall be
included on the site plan for Final Site Plan submittal.
4. Evidence that the proposed development (s) have been reviewed and approved by
the Cattail Creek Design Review Authority shall be submitted prior to Final Site
Plan submittal.
5. Landscaping standards, per UDO Section 18.48 “Landscaping,” shall be
provided.
6. Any utility lines and easements shall be accurately depicted on the Final Site Plan
and Landscape plan. Proposed extensions and additions shall be labeled
“proposed.”
7. The proposed project shall be completed as approved and conditioned in the
Conditional Use Permit and Variance applications. Any modifications to the
submitted and approved application materials shall invalidate the project's
legitimacy, unless the applicant submits the proposed modifications for review and
approval by the Department of Planning prior to undertaking said modifications.
8. The applicant shall comply with all applicable Building/Electrical/Plumbing
codes, and permits shall be obtained as required by the Building Division prior to
commencement of any tenant improvements.
Engineering:
1. A dedicated sewer service shall be provided for the accessory dwelling unit.
2. Sidewalk shall be depicted and installed in the standard location across the lot
frontage (i.e. 1’ off property) and shall not be installed in the street boulevard.
2:54:15 [20:25:28] 6. 3332 Sora Way Conditional Use Permit for Accessory Dwelling
Unit, #Z-06243 - PUBLIC HEARING (Knight)
2:54:20 [20:29:04] Motion and Vote - It was moved by Cr. Jacobson, seconded by Cr.
Becker, to approve Application No. Z-06243 with the conditions of approval as outlined
in the attached Staff Report.
Those voting Aye being Crs. Becker, Kirchhoff, and Jacobson
Those voting No being Crs. Rupp and Mayor Krauss
The motion carried.
Conditions of Approval:
Planning:
1. Parking shall be provided for all uses in accordance with UDO Section 18.46
“Parking`.” Parking for accessory dwelling units may not provided on-street. A 26-
foot setback is required for a garage with stacked parking off an alley.
2. Accessory structures greater than 600 square feet shall not be located in any
required front, rear, or side yard.
3. Accessory structures may not occupy more than 20 percent of the area of the lot
located to the rear of the principal building. Lot coverage calculations shall be
included on the site plan for Final Site Plan submittal.
4. Evidence that the proposed development (s) have been reviewed and approved by
the Cattail Creek Design Review Authority shall be submitted prior to Final Site
Plan submittal.
5. Landscaping standards, per UDO Section 18.48 “Landscaping,” shall be
provided.
6. Any utility lines and easements shall be accurately depicted on the Final Site Plan
and Landscape plan. Proposed extensions and additions shall be labeled
“proposed.”
7. The proposed project shall be completed as approved and conditioned in the
Conditional Use Permit and Variance applications. Any modifications to the
submitted and approved application materials shall invalidate the project's
legitimacy, unless the applicant submits the proposed modifications for review and
approval by the Department of Planning prior to undertaking said modifications.
8. The applicant shall comply with all applicable Building/Electrical/Plumbing
codes, and permits shall be obtained as required by the Building Division prior to
commencement of any tenant improvements.
Engineering:
1. A dedicated sewer service shall be provided for the accessory dwelling unit.
2. Sidewalk shall be depicted and installed in the standard location across the lot
frontage (i.e. 1’ off property) and shall not be installed in the street boulevard.
2:54:44 [20:29:34] 7. 3366 Sora Way Conditional Use Permit for Accessory Dwelling
Unit, #Z-06244 - PUBLIC HEARING (Knight)
2:54:56 [20:30:24] Motion and Vote - It was moved by Cr. Becker, seconded by Cr.
Rupp, to approve Application No. Z-06244 with the conditions of approval as outlined
in the attached Staff Report.
Those voting Aye being Crs. Becker, Kirchhoff, and Jacobson
Those voting No being Crs. Rupp and Mayor Krauss
The motion carried.
Conditions of Approval:
Planning:
1. Parking shall be provided for all uses in accordance with UDO Section 18.46
“Parking`.” Parking for accessory dwelling units may not provided on-street. A 26-
foot setback is required for a garage with stacked parking off an alley.
2. Accessory structures greater than 600 square feet shall not be located in any
required front, rear, or side yard.
3. Accessory structures may not occupy more than 20 percent of the area of the lot
located to the rear of the principal building. Lot coverage calculations shall be
included on the site plan for Final Site Plan submittal.
4. Evidence that the proposed development (s) have been reviewed and approved by
the Cattail Creek Design Review Authority shall be submitted prior to Final Site
Plan submittal.
5. Landscaping standards, per UDO Section 18.48 “Landscaping,” shall be
provided.
6. Any utility lines and easements shall be accurately depicted on the Final Site Plan
and Landscape plan. Proposed extensions and additions shall be labeled
“proposed.”
7. The proposed project shall be completed as approved and conditioned in the
Conditional Use Permit and Variance applications. Any modifications to the
submitted and approved application materials shall invalidate the project's
legitimacy, unless the applicant submits the proposed modifications for review and
approval by the Department of Planning prior to undertaking said modifications.
8. The applicant shall comply with all applicable Building/Electrical/Plumbing
codes, and permits shall be obtained as required by the Building Division prior to
commencement of any tenant improvements.
Engineering:
1. A dedicated sewer service shall be provided for the accessory dwelling unit.
2. Sidewalk shall be depicted and installed in the standard location across the lot
frontage (i.e. 1’ off property) and shall not be installed in the street boulevard.
2:55:31 [20:31:32] 8. Walton Homestead Planned Unit Development/Conditional Use
Permit Modifications II (Lot 11), #Z-06237 - PUBLIC HEARING (Kozub)
2:58:52 [21:42:45] Staff Report
Andy Epple presented the staff report
3:03:39 [20:33:16] Motion and Vote - It was moved by Cr. Rupp, seconded by Cr.
Kirchhoff, to approve the Conditional Use Permit allowing a modification to the
Walton Homestead Planned Unit Development for Lot 11, #Z-06237 as conditioned by
staff.
Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson and Mayor Krauss.
Those voting No being none.
The motion carried.
Conditions of Approval:
1. The approval for the 3,555 square foot lot shall only apply to Lot 11, Block 5,
Walton Homestead Planned Unit Development.
3:04:47 [20:34:09] G. Non-Action Items
3:05:59 [20:35:07] 1. City Lands Inventory Report (Goehrung)
3:21:17 [20:49:50] H. FYI/Discussion
3:21:28 [21:24:06] 1. Board of Adjustments Application Status (Bernard)
3:27:36 [20:58:50] FYI - Kukulski - Durston Update
3:39:52 [21:17:00] FYI - Kukulski Structure Report on Lamme Street Library
3:44:14 [21:18:06] FYI - Kukulski South 19th Lightining
3:45:59 [21:18:32] FYI - Epple - Susan Kozub leaving the Planning Department
3:47:29 [21:19:16] FYI - Epple - Deconness land swap meeting
3:51:27 [21:20:10] FYI - Jacobson map readablity
3:53:40 [21:21:50] FYI - Rupp Letter response
3:55:35 [21:23:53] I. Adjournment
Mayor Krauss adjourned the meeting at 10:01 PM.
______________________________
Jeffrey K. Krauss, Mayor
ATTEST:
______________________________________
Brit Fontenot, City Clerk
PREPARED BY:
______________________________________
Stuart John Bernard, Deputy City Clerk
Approved on ____________________.
LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
November 27, 2006
*****************************
The Commission of the City of Bozeman met in the Community Room, Gallatin County
Courthouse, 311 West Main Street, on Monday, November 27, 2006, at 6:00 p.m. Present were
Mayor Jeff Krauss, Cr. Sean Becker, Cr. Jeff Rupp, Cr. Kaaren Jacobson, Cr. Steve Kirchhoff, City
Manager Chris Kukulski, Director of Public Services Debbie Arkell, Planning Director Andy
Epple, City Attorney Paul Luwe, and Deputy City Clerk Stuart John Bernard.
0:09:45 [18:04:35] A. Call to Order - 6:00 PM - Community Room, Gallatin County Courthouse,
311 West Main
Mayor Krauss called the meeting to order at 6:04 pm
0:09:48 [18:04:36] B. Pledge of Allegiance and Moment of Silence
0:10:35 [18:05:26] Changes to the Agenda
0:11:33 [18:05:30] C. Public Service Announcement – Announce winners of the Bozeman
Beautification Awards (Quatraro)
0:12:31 [18:06:21] Terry Quatraro - Chair of the Beautification Board
Terry Quatraro presented the 2006 Bozeman Beautification Awards
0:21:27 [18:06:34] PSA - Krauss
Thanks to the MSU Fighting Bobcats
0:22:03 [18:07:20] D. Minutes - November 9, 2006 (Policy Meeting)
0:22:11 [18:16:33] Motion and Vote - It was moved by Cr. Becker, and seconded by Cr. Rupp to
approve the minutes November 9, 2006 as submitted.
Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson and Mayor Krauss.
Those voting No being none.
The motion carried.
0:22:30 [18:17:05] E. Consent
1. Claims (LaMeres)
2. Finally Adopt Ordinance 1677, State Lands Zone Map Amendment (Bernard)
3. Finally Adopt Ordinance 1682, Revising Building Fees (Bernard)
4. Finally Adopt Ordinance 1683, amending the City Acquisition Rules (Bernard)
5. Finally Adopt Ordinance 1684, Creating Mandeville Farm Tax Increment Financing Industrial
District (Bernard)
6. Finally Adopt Ordinance 1685, Adopting an Urban Renewal Plan for the North Seventh Avenue
corridor and adjacent properties (Bernard)
7. Approve Simmental Way Speed Zone Study (Kerr)
8. Authorize City Manager to Sign Public Access & Drainage Easements - Bozeman Peaks Condos
(Heaston)
9. Authorize City Manager to sign Pebble Brook Condominiums Irrevocable Offer of Dedication
(Murray)
10. Authorize City Manager to Sign Rosa Johnson Apartments - Public Street and Utility Easement
and Sanitary Sewer Easement (Johnson)
11. Approve the appointment of Commissioners Kirchhoff and Jacobson to review the depository
bonds and pledged securities as of September 30, 2006 (Clark)
12. Purchase of property at 214 East Lamme (Goehrung)
0:22:39 [18:17:14] Public Comment
No public comment was received.
0:22:56 [18:17:33] Staff - Chris Kukulski City Manager
Chris spoke to clarify consent item E12 Purchase of property at 214 East Lamme.
0:26:30 [18:17:41] Motion and Vote - It was moved by Cr. Rupp, and seconded by Cr. Kirchhoff
to approve Consent items 1 - 12 as listed above.
Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson and Mayor Krauss.
Those voting No being none.
The motion carried.
0:26:50 [18:17:58] G. Public Comment
This is the time for individuals to comment on matters falling within the purview of the Bozeman
City Commission. There will also be an opportunity in conjunction with each agenda item for
comments pertaining to that item.
0:27:27 [18:21:37] Public Comment - Jim Good
Jim Good of 908 S Grand spoke about returning the Ten Commandments to the park.
0:30:34 [18:22:01] Public Comment - Laura Hain
Laura Hain of 1115 S Wilson spoke in favor of action at of the Willson/College Traffic Signal
Installation
0:32:14 [18:22:34] Public Comment - Richard Bennett
Richard Bennett of 1612 W Olive spoke of the removal of the Ten Commandments from the Park,
and asked that the monument be returned.
0:35:04 [18:25:45] H. Swearing in of Bozeman Firefighter Joe Capri
0:38:20 [18:27:27] I. Special Presentation
0:40:22 [18:30:27] Carbon Reduction Presentation
Jeff Penderson presented the Carbon
0:52:52 [18:33:41] Carbon Sequestration
Susan Capalbo presented the presentation
1:08:21 [18:35:46] Mayors' Climate Protection Agreement
Karen Krieger of 1105 S Grand spoke of the history of the Mayors' Climate Protection Agreement
1:10:31 [18:48:31] Local Governments for Sustainability
1:11:40 [19:04:19] Climate Action Handbook
1:12:30 [19:06:39] Joan Diamond
Joan Diamond of 424 N Wilson asked the Commission to sign the Mayors' Climate Protection
Agreement. She continued to ask the Commission add Global Warming to the Commissioner's
Goal List for 2007 and the future. Third she ask the Commission to create a Task Force. Fourth
consider creation a business advisory panel. Fifth she asked that appropriate boards review
environmental impact within their specialties.
1:18:10 [19:07:46] Public Comment - Gretchen Rupp
Gretchen Rupp of 221 Lindsey Place listed several options for economic environmentally
responsible options.
1:22:13 [19:08:38] Public Comment - David Bogman
David Bogman 3701 Tracker Trail spoke of the environmental impact of bicycles and bicycle
facilities.
1:24:43 [19:14:20] Public Comment - Mark Johnston
Mark Johnston of 107 Western Ave spoke of integrating various endeavors including the Mayors'
Climate Protection Agreement, and Task Force.
1:27:06 [19:18:28] Public Comment - Valerie Harms
Valerie Harms spoke of leadership too guide environmental policies.
1:28:39 [19:21:08] Public Comment - Stan Jones
Stan Jones believes that man has had no impact on global warming.
1:33:46 [19:23:28] Public Comment - Sandy Bellingham
Sandy Bellingham of 605 S 6th spoke of teamwork and Bozeman Environmental Action Plan.
1:36:14 [19:25:02] Public Comment - Randy Carpenter
Randy Carpenter of 1108 S Black spoke of working with the county.
1:38:04 [19:30:16] Public Comment - Jenny Birdsalt
Jenny Birdsalt of 205 S 7th requested adoption of Mayors' Climate Protection Agreement.
1:39:01 [19:32:51] Public Comment - Radon Dilstrom
Radon Dilstrom referenced a Disney movie with lemmings, to make a point about more
investigation and less emotion.
1:40:54 [19:34:46] Public Comment - Rich Vought
Rich Vought of 712 N Montana spoke on behalf of the Christian Education Association asked the
Commissioners to review Anti-Global Warming Petition.
1:45:35 [19:34:50] Public Comment - Greg Pederson
Greg Peterson of 2750 Marlin Court spoke in rebuttal to Rich Vought.
1:47:15 [19:35:37] Public Comment - Pete Martins
Pete Martins would like to keep Montana cool. He spoke of the relation of solar activity to climate
change.
1:50:11 [19:37:24] Public Comment - Amy Kelly
Amy Kelly of 702 East Peach asked the Commission to adopt the Mayors' Climate Protection
Agreement and appoint an environmental task force.
1:51:28 [19:42:19] Public Comment - Chris Werner
Chris Werner of 9201 Big Gultch presented Mike Phillips' letter.
1:52:04 [19:44:15] Public Comment - Louise Forest
Louise Forest spoke in support of various environmental initiatives
1:52:49 [19:47:01] Public Comment - Collette Brooks-Hops
Collette Brooks-Hops of 371 Old West Trail told a story about an Eskimo elder named Uncle and
how our actions affect the climate in Greenland.
1:56:48 [19:48:24] Public Comment - Jennifer Roundtree
Jennifer Roundtree 514 N Black read a quote from Out of Balance a movie about Exxon.
1:59:09 [19:49:05] Public Comment - Bob Applebee
Bob Applebee of 102 Trails End Road asked the Commissioners to take on the CO2 issue.
2:01:34 [19:49:45] J. Action Items
2:12:27 [20:04:06] Motion and Vote - It was moved by Cr. Kirchhoff, and seconded by Cr.
Jacobson to adopt Mayors’ Climate Protection Agreement
Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson and Mayor Krauss.
Those voting No being none.
The motion carried.
2:21:50 [20:16:51] Motion and Vote - It was moved by Mayor Krauss, and seconded by Cr.
Becker to encourage other local government bodies including the School District, MSU, and
Gallatin County also adopt the Mayors’ Climate Protection Agreement
Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Krauss and Mayor Pro-Tem Jacobson.
Those voting No being none.
The motion carried.
[Mayor Pro Tem Jacobson initially voted no, she subsequently changed her vote to Aye]
2:29:42 [20:24:07] Motion and Vote - It was moved by Cr. Rupp, and seconded by Cr. Kirchhoff
to Direct staff to review and develop the Draft Bozeman Environmental Action Plan and return
to the Commission with suggestions for adoption including the Task Force.
Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson and Mayor Krauss.
Those voting No being none.
The motion carried.
2:30:12 [20:24:19] Break
2:45:29 [20:24:35] Commissioner Jacobson
Commissioner Jacobson would like to change her vote on Mayor Krauss's Motion to Aye, and have
that change reflected in the minutes.
2:46:05 [20:24:48] 2. Commissioner Becker’s vote on Commissioner Kirchhoff’s motion to
approve the Lincoln Park Condos Site Plan, #Z-06193, from November 20, 2006 (Fontenot)
2:46:30 [20:27:27] Vote - Commissioner Becker's vote on Commissioner Kirchhoff’s November
20, 2006 motion to approve the Lincoln Park Condos Site Plan, #Z-06193, as conditioned by
staff.
Those voting Aye being Cr. Becker
The motion carried.
[Motion to approve application No. Z-06193, Lincoln Park Condos Site Plan, with the
REVISED site plan and with the revised conditions and code provisions outlined in the staff
memo.
It was moved by Cr. Kirchhoff to approve [application No. Z-06193], Lincoln Park Condos
Site Plan, with the REVISED site plan and with the revised conditions and code provisions
outlined in the staff memo.
Conditions of Approval:
1. The Annexation and Zone Map Amendment must be finalized prior to Final Site Plan
approval.
2. Stormwater detention facilities shall not have a slope steeper than 25 percent and shall not
make up more than one-third of the required front yard.
3. Regarding pedestrian circulation (Section 18.34.090.6):
a. The pedestrian connection shall be constructed of concrete (minimum 6 feet in
width) or asphalt (minimum of 10 feet in width), subject to review and approval by the
Parks Department.
b. The trail must either: 1) connect to both Maple Lane and to Alder Court or 2)
connect directly to the sidewalk to be installed along Lincoln Road.
c. The applicants/owners shall work with the condominium association to the south to
coordinate the location (specifically the southern terminus) of the trail.
4. Regarding the relationship of site plan elements to conditions on and off the property
(Section 18.34.090):
a. The relocated house shall be on its own lot and not be part of the
condominium association.
b. The north elevations of the units along Lincoln Street shall include additional
architectural features (including front porches with sidewalk connections to the
sidewalk on Lincoln Road) to avoid presenting a “back” side to the streetscape.
c. The covenants shall specify that no individual unit fences are allowed.
5. Regarding the impact of the project on parking and traffic conditions (Section
18.34.090.5):
a. Garage doors must be setback at least 20 feet from the public access
easement for Maple Lane and from the right-of-way line for Alder Court.
Where driveways along the interior private drive are less than 20 feet, no
parking signage shall be installed and shown on the Final Site Plan. No
driveways will be permitted to be between 10 and 20 feet in length to avoid
parked cars blocking the pedestrian facilities and the private drive aisle.
b. The covenants must also specify these parking restrictions and the method of
enforcement for parking problems. Revised parking calculations must be
included with the Final Site Plan.
6. An 8 inch sanitary sewer main shall be extended down Alder Court Lane to the southern
property line.
7. Provide a fire hydrant at the southwest corner of the Lincoln Street/Alder Court Lane
intersection instead of the north side of Lincoln Street. Provide a City standard blow-off at
the dead end of the Lincoln Street water main.
8. The 6” water main in Alder Court Lane does not meet City standard. The water main shall
be 8” and extend to the southern property line. The water main extension is in excess of 500 ft
and shall be looped.
9. Any unused water services to the property shall be properly abandoned at the main.
10. The private drive into the property shall connect to Maple Lane with a City standard
approach not with curb radii as shown on the site plan. Both sides of the private drive shall
have the curb painted red with white lettering that is at least 3” in height and signs every 35
feet that state “FIRE LANE/TOW AWAY ZONE”. The cul-de-sac shall meet Fire
Department code requirements.
11. The minimum width of Maple Lane, from Lincoln Street to the southern property line,
shall be 29 feet back of curb to back of curb. Curb and gutter, shall be provided on both sides
of the street. Sidewalk shall be provided on the east side of the street. Also, the curb on the
east side of the street shall be painted red with white lettering that is at least 3” in height and
signs provided every 35 feet that state “FIRE LANE/TOW AWAY Report compiled on
November 15, 2006
ZONE”. This is to allow parking on the west side of the street and provide a 20 foot
minimum width for emergency vehicles.
12. Either a City standard sidewalk or extension of the linear park trail shall be provided on
Lincoln Street.
13. City standard curb and gutter, boulevard, and sidewalk shall be provided on the west side
of Alder Court Lane from Lincoln St to the southern property line.
14. Plans and Specifications for water and sewer main extensions, and streets and storm
drainage facilities, prepared and signed by a Professional Engineer (PE) registered in the
State of Montana shall be provided to and approved by the City Engineer. Water and sewer
plans shall also be approved by 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. Construction
shall not be initiated on the public infrastructure improvements until the plans and
specifications have been approved and a preconstruction conference has been conducted. No
building permits shall be issued prior to City acceptance of the required infrastructure
improvements.
15. A Public Access Easement shall be provided for the private drive within the property
prior to FSP approval.
16. Prior to issuance of building permits for any new buildings in the development and upon
availability of service, any existing residence/business on the property must be connected to
City water and sewer utilities. The existing on-site treatment systems must be properly
abandoned and certification provided the abandonment occurred. Any wells presently used
for domestic purpose can be retained for irrigation only with no physical connection to
domestic water piping.
UDO Code Provisions:
a) Section 18.16.040 requires 5,000 square feet per single household residence. Section
18.80.1980 defines net residential density as the number of residences per buildable unit of
land which would exclude the easement for Maple Lane, any easements for Lincoln Avenue,
and the required parkland equivalent of 0.03 acres per dwelling unit (for the new units only).
Exact density calculations must be submitted with the Final Site Plan.
b) A subdivision exemption to aggregate and relocate lot lines must be approved prior to
Final Site Plan approval in order to meet to meet Section 18.10.040 of the Unified
Development Ordinance.
c) Section 18.34.130 requires the applicant to submit seven (7) sets (bound together) of a Final
Site Plan within six (6) months of preliminary approval containing all of the conditions,
corrections and modifications to be reviewed and approved by the Planning Office.
d) Section 18.34.140 states that 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.
e) Section 18.38.050.F requires all mechanical equipment to be screened. Rooftop
equipment should be incorporated into the roof form and ground or wall-mounted
equipment shall be screened with walls, fencing, or dense evergreen plant materials. The
location of all mechanical equipment and the method of screening shall be shown on the Final
Site Plan.
f) Sections 18.42.150 requires a lighting plan for all on-site lighting including wall-mounted
lights on the building must be included in the Final Site Plan submittal. All lights must be full
cutoff. Lighting cut-sheets shall be provided with the Final Site Plan.
g) All street and driveway vision triangles must be shown on the Final Site Plan in
accordance with Section 18.44.100. On-street parking does not count within a street
vision triangle.
h) Section 18.46.020 specifies the required length and width of parking spaces.
i) Section 18.46.040.E states that all developments shall provide adequate bicycle parking
facilities to accommodate residents and guests. The location and details for the bike rack shall
be provided in the Final Site Plan.
j) The Final Site Submittal must indicate how the required 23 landscape points are being met
in accordance with Chapter 18.48 without double counting. Note that any drought tolerant
species proposed for points must be specifically denoted in the Landscape Schedule. The final
landscape plan must be signed and certified by a landscape professional as outlined in Section
18.78.100.
k) Section 18.48.050.E requires one large canopy tree for each 50 feet of total street
frontage (including Lincoln Road and Alder Court). Street tree permits must be obtained
from the Forestry Division prior to installation.
l) Section 18.50.110.F requires a 25-foot wide public access easement for the entire length of
the north-south trail, which should be centered on the easement.
m) Per Chapter 18.52, all signage, including any project identification signage, shall require a
sign permit subject to review and approval by the Department of Planning & Community
Development. Only one free-standing sign is permitted per lot.
n) The Final Site Plan shall be adequately dimensioned. A complete legend of all line types
used shall also be provided.
o) A Storm Water Drainage/Treatment Grading Plan and Maintenance Plan for a system
designed to remove solids, silt, oils, grease, and other pollutants must be provided to and
approved by the City Engineer. The plan must demonstrate adequate site drainage (including
sufficient spot elevations), flow direction arrows, storm water detention/retention basin
details (including basin sizing and discharge calculations, and discharge structure details),
storm water discharge destination, and a storm water maintenance plan.
p) Sewer and water services shall be shown on the FSP and approved by the Water/Sewer
Superintendent. City of Bozeman applications for service shall be completed by the applicant.
q) Trees shall not be located within ten (10) feet of water and sewer service lines.
r) The location of existing water and sewer mains shall be properly depicted, as well as
nearby fire hydrants. Proposed main extensions shall be labeled "proposed".
s) The drive approach shall be constructed in accordance with the City's standard approach
(i.e., concrete apron, sidewalk section and drop-curb) and shown as such on the FSP. A City
Curb Cut and Sidewalk Permit shall be obtained prior to FSP approval.
t) City standard sidewalk shall be installed and properly depicted at the standard location
(i.e., 1 foot off property line) along the street(s) frontage. Any deviation to the standard
alignment or location must be approved by the City Engineer.
u) All existing utility and other easements must be shown on the FSP.
v) Adequate snow storage area must be designated outside the sight triangles, but on the
subject property (unless a snow storage easement is obtained for a location off the property
and filed with the County Clerk and Recorder's office).
w) Drive approach and public street intersection sight triangles shall be free of plantings
which at mature growth will obscure vision within the sight triangle.
x) The Montana Department of Fish, Wildlife & Parks, SCS, Montana Department of
Environmental Quality and Army Corps of Engineer's shall be contacted regarding the
proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be
obtained prior to FSP approval.
y) If construction activities related to the project result in the disturbance of more than 1 acre
of natural ground, an erosion/sediment control plan may be required. The Montana
Department of Environmental Quality may need to be contacted by the Applicant to
determine if a Stormwater Discharge Permit is necessary. If a permit is required by the State,
the Developer shall demonstrate to the City full permit compliance.
z) The applicant shall submit a construction route map dictating how materials and heavy
equipment will travel to and from the site in accordance with section 18.74.020.A.1 of the
Unified Development Ordinance. This shall be submitted as part of the final site plan for site
developments, or with the infrastructure plans for subdivisions. It shall be the responsibility
of the applicant to ensure that the construction traffic follows the approved routes. Report
compiled on November 15, 2006.
aa) All construction activities shall comply with section 18.74.020.A.2. of the Unified
Development Ordinance. This shall include routine cleaning/sweeping of material that is
dragged to adjacent streets. The City may require a guarantee as allowed for under this
section at any time during the construction to ensure any damages or cleaning that are
required are complete. The developer shall be responsible to reimburse the City for all costs
associated with the work if it becomes necessary for the City to correct any problems that are
identified.]
2:47:07 [20:27:55] 3. Landfill Convenience Center Conditional Use Permit, #Z-06245, continued
from November 20, 2006 (Knight)
2:47:41 [20:43:19] Staff Report
Assistant Planner Martin Knight presented the staff report.
2:51:51 [20:43:25] Applicant
Project Engineer Dustin Johnston appeared for the Applicant
2:52:54 [20:44:00] Public Comment - Peter Rugheimer
Peter Rugheimer of 1404 Story Mill Road spoke of chemical mishandling in relation to the
Landfill.
2:58:52 [20:44:36] Public Comment - Paul Rugheimer
Paul Bruchimer of 506 Oxford Dr. spoke in favor of household hazardous containment, but against
this location.
3:00:34 [20:45:05] Public Comment - Charles Bowen
Charles Bowen of 3070 Mackelhatten wanted to hear a landfill update and mentioned that a
sidewalk would be appropiate.
3:27:05 [21:12:32] Motion - It was moved by Cr. Jacobson, and seconded by Cr. Becker to
approve application No. Z-06245, Landfill Convenience Center Conditional Use Permit, with the
conditions of approval outlined in the staff report.
3:32:08 [21:24:25] Vote - to approve application No. Z-06245, Landfill Convenience Center
Conditional Use Permit, with the conditions of approval outlined in the staff report.
Those voting Aye being Crs. Becker, Rupp, Kirchhoff, and Jacobson.
Those voting No being Mayor Krauss.
The motion carried.
3:32:15 [21:24:56] 4. Willson/College Traffic Signal Installation (Arkell)
3:32:38 [21:25:58] Staff Report - Debbie Arkell Director of Public Services
3:35:34 [21:26:12] Public Comment - Tom Johnston
Tom Johnston asked that the pedestrian balls be removed and a right turn lane added.
3:36:49 [21:27:56] Public Comment - Ted Lang
Ted Lang of 2807 Westridge Dr. spoke in favor of a roundabout at Willson/College. Suggested
contacting Wallwork to design a roundabout at the intersection.
3:40:15 [21:29:37] Public Comment - Cathy Costakis
Cathy Costakis of 408 Bonner Lane spoke in favor of the roundabout.
3:44:30 [21:30:34] Public Comment - Patricia Ann Simpson
Patricia Ann Simpson of 320 S Willson mentioned some issues with the MDT report.
3:46:40 [21:31:06] Public Comment - Jane Klockman
Jane Klockman of 713 S Willson spoke against a light at the Willson/College intersection.
3:50:29 [21:31:14] Public Comment - Randy Walthall
Randy Walthall of 516 S Tracy is the principal of Longfellow school and asked the Commission to
consider extra traffic on Tracy as a result of a signal at Willson and College.
3:52:15 [21:31:29] Public Comment - Jack Devant
802 S Tracy spoke against the signalization of Willson/College and the fallout to Tracy Ave.
3:53:21 [21:34:15] Public Comment - Wade Pannell
Wade Pannell of 725 S Willson spoke against a light at the intersection.
3:57:16 [21:34:36] Public Comment - Rachel Wallace
Rachel Wallace of 401 S Willson brought up issues with a light and asked for a holistic solution.
3:59:32 [21:35:57] Public Comment - Jim Devit
Jim Devit of 1060 Westgate lived on Willson for 20 years and feels that Willson works as is.
4:03:00 [21:39:25] Public Comment - Mike Miles
Mike Miles spoke of flaws in the MDT report and didn't examine the whole area.
4:06:04 [21:43:48] Mayor Krauss suspended the rules to extend the meeting past 10:00 pm
4:06:11 [21:45:56] Public Comment - Joanne Jenson
Joanne Jenson represents the residents of 804 S Willson and spoke against the proposed light at
College/Willson and asked to save the on street parking.
4:07:10 [21:49:50] Public Comment - Rob Zimmer
Rob Zimmer is the chair of the Bozeman Pedestrian and Traffic Safety spoke in favor of the signal.
He is blind and finds crossing the street a challenge.
4:14:12 [21:59:04] Rob Lustridge from Montana Department of Transportation
4:38:56 [22:33:45] Motion and Vote - It was moved by Cr. Becker, and seconded by Cr.
Kirchhoff to Direct staff to work with MDT to facilitate an alternative roundabout design and
historic impact mitigation to install a roundabout at College and Willson that is still eligible to
capture MDT federal hazard safety elimination funding and to authorize the use of up to three
thousand dollars to acquire professional services to inform this process
Those voting Aye being Crs. Becker, Kirchhoff, Jacobson and Mayor Krauss.
Those voting No being Cr. Rupp.
The motion carried.
4:41:02 [22:34:54] Motion and Vote - It was moved by Cr. Becker, and seconded by Cr.
Jacobson to extend the meeting
Those voting Aye being Crs. Becker, Kirchhoff, and Jacobson
Those voting No being Cr. Rupp and Mayor Krauss.
The motion carried.
4:41:33 [22:35:27] 5. Churn Creek Annexation Extension Request (Epple)
4:42:33 [22:37:55] Staff Report
Andy Epple presented the staff report
4:48:24 [22:38:10] Questions for Staff - Becker
4:48:45 [22:38:21] Applicant
Troy appeared for Churn Creek Partners
4:50:23 [22:38:43] Public Comment - Pat Martin
Pat Martin of 2771 Deercreek Dr. mentioned a lack of contact with the land owners.
4:52:08 [22:39:06] Public Comment - Peter Rugheimer
Peter Rugheimer of 1404 Story Mill Road likes the plans and has enjoyed working with Churn
Creek Partners
4:54:15 [22:39:22] Public Comment - Paul Rugheimer
Paul Rugheimer of 506 Oxford Dr. has enjoyed working with the Churn Creek team.
4:55:40 [22:41:59] Public Comment - Steve Zigler
Steve Zigler of 2531 Whitetail Rd. spoke of TDRs and future expansion issues.
4:58:21 [22:43:07] Public Comment - Brian Damon
Brian Damon of 8645 Look Far Way spoke of traffic concerns relating to this project.
4:59:19 [22:43:10] Motion - It was moved by Cr. Rupp, and seconded by Cr. Kirchhoff to deny
the request for extension of Preliminary Annexation Approval
5:05:25 [22:50:58] Vote - to deny the request for extension of Preliminary Annexation Approval
Those voting Aye being Crs. Rupp, Kirchhoff, and Jacobson
Those voting No being Cr. Becker and Mayor Krauss.
The motion carried.
5:05:50 [22:52:46] L. Adjournment
Mayor Krauss adjourned the meeting at 11:10 pm
______________________________
Jeffrey K. Krauss, Mayor
ATTEST:
______________________________________
Brit Fontenot, City Clerk
PREPARED BY:
______________________________________
Stuart John Bernard, Deputy City Clerk
Approved on ____________________.
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Brian LaMeres, City Controller and
Chris Kukulski, City Manager
SUBJECT: Accounts Payable Claims Review and Approval
MEETING DATE: December 4, 2006
BACKGROUND: Section 7-6-4301 MCA states that claims should not be paid by the City until they
have been first presented to the City Commission. However, under Section 7-1-4124 MCA a
municipality has the power to ratify any action of the municipality or its officers or employees that could
have been approved in advance. Because the Commission held a work session last week and not a formal
meeting, no claims were approved. The Commission is therefore being presented with two lists of claims
this week. The claims on one list being reviewed for approval have already been paid, while the claims
on the other list have not yet been paid. The Commission is being asked to approve the claims presented
on the Expenditure Approval Lists, a portion of which have already been paid.
RECOMMENDATION: The City Commission approve payment of the claims.
FISCAL EFFECTS: The total amounts of the claims paid and the claims to be paid are presented
at the bottom of the Expenditure Approval Lists.
ALTERNATIVES: As suggested by the City Commission.
Respectfully submitted,
Brian LaMeres, City Controller
Approved by:
Chris A. Kukulski, City Manager
Attachments: Expenditure Approval Lists
Report compiled on November 29, 2006
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Sue Stodola, Project Engineer
Chris Kukulski, City Manager
SUBJECT: Commission Resolution No. 3981
Change Order No. 2
Durston Road SID 684 Project
MEETING DATE: December 4, 2006
BACKGROUND: On February 27, 2006 the City Commission authorized award of the bid for the
Durston Road project to Johnson-Wilson Constructors, Inc. The City
Commission approved Change Order No. 1 on October 2, 2006.
Six (6) original signature copies of the partially executed Change Order No. 2 to
the Construction contract for the above referenced project have been provided to
the City Clerk, Brit Fontenot.
This change order covers the additional North 19th Avenue intersection signal
work and road improvements to the east leg of the intersection as summarized in
the attached Change Order No. 2 Cost Summary. The change order increases the
contract amount from $4,279,715.84 by $94,857.48 to a total of $4,374,573.32.
In addition, this change order includes an increase in the contract time of 7 days
for substantial completion and final completion.
RECOMMENDATION: The Commission make a motion to adopt Commission Resolution No. 3981 to
authorize the City Manager to sign Change Order No. 2 of the construction
contract for the Durston Road project.
FISCAL EFFECTS: The project will be funded through SID 684, Street Impact Fees, Water
Impact Fees, and Sewer Impact Fees. Change order No. 2 is still within the
project contingency thus, overall, the project remains within budget.
Commission Memorandum
Commission Resolution No. 3981
Change Order No. 2
Durston Road SID 684 Project
December 4, 2006
Page 2 of 2
ALTERNATIVES: As may be suggested by the City Commission.
Respectfully submitted,
_________________________________ ____________________________
Susan M. Stodola, Project Engineer Chris A. Kukulski, City Manager
Attachments: Change Order No. 2 and
Commission Resolution No. 3981
Report compiled on 11/29/06
cc: Brit Fontenot w/orig. enclosures
Project File
COMMISSION RESOLUTION NO. 3981
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, APPROVING ALTERATION/MODIFICATION OF CONTRACT WITH
JOHNSON-WILSON CONSTRUCTORS, INC., HELENA, MONTANA.
WHEREAS, the City Commission did, on the 27th day of February 2006, authorize award of the bid
for the Durston Road project to Johnson-Wilson Constructors, Inc., Helena, Montana; and
WHEREAS, Section 7-5-4308, Montana Code Annotated, provides that any such alterations or
modifications of the specifications and/or plans of the contract be made by resolution; and
WHEREAS, it has become necessary in the prosecution of the work to make alterations or
modifications to the specifications and/or plans of the contract.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana,
that the proposed modifications and/or alterations to the contract between the City of Bozeman, a municipal
corporation, and Johnson-Wilson Constructors, Inc., as contained in Change Order No. 2, attached hereto,
be and the same are hereby approved; and the City Manager is hereby authorized and directed to execute
the contract change order for and on behalf of the City; and the City Clerk is authorized and directed to attest
such signature.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular
session thereof held on the 4th day of December 2006.
__________________________________________
JEFFREY K. KRAUSS, Mayor
ATTEST:
________________________________________
BRIT FONTENOT
City Clerk
APPROVED AS TO FORM:
_____________________________________
PAUL J. LUWE
City Attorney
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Sue Stodola, Project Engineer
Chris Kukulski, City Manager
SUBJECT: Temporary Drainage Easement (Blackleaf Group, LLC)
MEETING DATE: December 4, 2006, Consent Agenda
BACKGROUND: The original partially executed Temporary Drainage Easement for the
above referenced property has been provided to the City Clerk. The
temporary drainage easement is for storm drainage from Durston Road
along the property which will permanently be detained on the property
once it is fully developed. Engineering staff has reviewed the Temporary
Drainage Easement and found it to be acceptable.
RECOMMENDATION: The City Commission make a motion to authorize City Manager to
sign the Temporary Drainage Easement.
FISCAL EFFECTS: N/A
ALTERNATIVES: None
Respectfully submitted,
_________________________________ ____________________________
Susan M. Stodola, Project Engineer Chris A. Kukulski, City Manager
Attachments: Temporary Drainage
Easement
Report compiled on 11/28/06
cc: Project File
REPORT TO: Honorable Mayor and City Commission
FROM: Tim Cooper, Assistant City Attorney
Chris Kukulski, City Manager
SUBJECT: Meadow Creek Subdivision, Phase 1 Final Plat
MEETING DATE: December 4, 2006
BACKGROUND: This is a request for approval of a Subdivision Final Plat to subdivide approximately 118
acres to create a traditional residential neighborhood development of mixed density housing on property located
south of Stuckey Road, west of South 19th Avenue, and north of Blackwood Road. At the November 7, 2005
public hearing, the City Commission voted to approve the Meadow Creek Subdivision Preliminary Plat with
twenty-nine (29) subdivision conditions and subject to all applicable subdivision code provisions. The applicant
has applied for final plat approval for Phase 1 and staff has concluded all terms and conditions of preliminary plat
approval have been met.
State law provides that the governing body shall approve the plat only if:
a) The plat conforms to the conditions of approval set forth on the preliminary plat and to the terms
of the state subdivision law and regulations and the regulations adopted by the Bozeman City Commission; and
b) The County Treasurer has certified that all real property taxes and special assessments assessed
and levied on the land to subdivide have been paid.
The County Treasurer has certified that the taxes and special assessments have been paid. Attached is a
memorandum from Dave Skelton, Senior Planner, delineating how the conditions of preliminary plat approval
have been satisfied.
RECOMMENDATION: Upon the Director of Public Service’s review and concurrence, the City Commission
approves the Final Plat of Meadow Creek Subdivision, Phase 1, and authorizes the Director of Public Service to
execute the same on behalf of the City of Bozeman.
FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased property tax
revenues from new development, along with increased costs to deliver municipal services to the property.
ALTERNATIVES: As suggested by the City Commission
Respectfully submitted,
_________________________________ ____________________________
Tim Cooper, Assistant City Attorney Chris Kukulski, City Manager
Attachments: Review Memo to Tim Cooper, dated October 27, 2006.
Commission Memorandum
planning · zoning · subdivision review · annexation · historic preservation · housing · grant administration · neighborhood
coordination
CITY OF BOZEMAN
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
Alfred M. Stiff Professional Building
20 East Olive Street
P.O. Box 1230
Bozeman, Montana 59771-1230
phone 406-582-2260
fax 406-582-2263
planning@bozeman.net
www.bozeman.net
MEMORANDUM
--------------------------------------------------------------------------------------------------------------------------------------
TO: TIM COOPER, CITY ATTORNEY’S OFFICE
FROM: DAVE SKELTON, SENIOR PLANNER
RE: FINAL PLAT REVIEW AND APPROVAL
MEADOW CREEK SUBDIVISION, PHASE ONE
PLANNING FILE NO. P-06058
DATE: OCTOBER 27, 2006
(Updated November 22, 2006)
--------------------------------------------------------------------------------------------------------------------------------------
Engineering, Inc., on behalf of Meadow Creek Partners, LLC, has made application to the
Planning Office for Final Plat review and approval for Meadow Creek Subdivision, Phase One, being the
first phase of a residential major subdivision to subdivide 202.4± acres and create 341 mixed-use residential
lots located south of Stucky Road, west of South 19th Avenue, and north of Blackwood Road. Phase One
would subdivide 118.4 acres and create 155 residential lots.
On Monday, November 7, 2005, the City Commission granted preliminary plat approval to
subdivide 202.41± acres and create Meadow Creek Subdivision subject to twenty-nine (29) conditions
(Planning Application No.P-05053). The Commission is scheduled to tentatively approve the Findings of
Fact and Order on November 6, 2006, and a draft of the Findings of Fact and Order is attached to this
memorandum for your review.
The developer has applied for final plat review and approval of Phase One, electing to financially
guarantee the following subdivision improvements for said phase: a) portions of the internal subdivision
street for Enterprise Boulevard and Parkway Avenue, b) City standard boulevard sidewalks, c) boulevard
landscape and irrigation, d) open space landscape, irrigation and trail improvements, and e) parkland
improvements. The applicant will provide Staff with the applicable financial guarantee for the remaining
subdivision improvements prior to scheduling this matter before the City Commission.
A “No Build” Restriction is necessary at this time with this final plat application. All street and
municipal infrastructure improvements are scheduled to be completed, inspected and accepted by the City
of Bozeman with the filing of the final plat for Phase One, with exception to sections along Enterprise
Boulevard and Parkway Avenue. Based on the summary review provided below, the City Engineer’s Office
and Planning Department have reviewed the final plat application against the conditions of preliminary plat
approval; and as a result, find that final plat approval should be granted.
Page 2
Enclosed, please find four (4) original mylars of the Final Plat, original Platting Certificate, copy of
Improvements Agreement and financial guarantee, copy of Declaration of Covenants and Restrictions for
the Property Owner’s Association, and deed to transfer site for the Fire Department’s substation.
The Planning Staff respectfully requests that you prepare a City Attorney's Certificate using the
attached original Platting Certificate; approve the Certificates of Director of Public Service, Release of
Sanitary Restrictions, and Certificate of Completion "as to form". If you find this submittal
acceptable and complete, the applicant respectfully requests that the Final Plat application be scheduled
before the Bozeman City Commission at the earliest time possible. An application for final plat review and
approval was submitted on Wednesday, October 9, 2006 and deemed substantially complete. The 45-day
(i.e., working days) review period would be Wednesday, December 19, 2006. However, a review against the
conditions of preliminary plat approval indicated that the following conditions were not yet met upon
submitting the application: condition #1 – BMC code provisions need to be met, 2) condition #2 and #3
confirmed by City Engineer’s Office, 3) condition #10 – 100-year flood elevations, 4) condition #15 –
modify covenants with language to maintain existing vegetation in right-of-way, 5) condition #25 – modify
covenants, 6) condition #27 – identify all parks as “public”, 7) condition #28 – modify covenants to
provide landscape and placement details for storm water facilities, and 8) condition #29 – modify covenants
to include Seifert language.
A revised final plat and platting certificate, containing a new Certificate of Consent of Mortgage on
the face of the plat, was prepared and submitted to the Planning Office on November 6, 2006. Therefore,
the 45-day (i.e., working days) review period for this final plat now expires on Tuesday, January 9,
2007.
Once the Commission has acted on the Final Plat application, please forward all of the original mylar plats,
documents, and supplemental information to Debbie Arkell, have her sign the appropriate certificates on the
final plat, and then return all of the documents to the Planning Office.
The conditions of preliminary plat approval, which are pertinent to this phase, and how they have
been met, follow:
Planning Application No. P-06058:
1. The applicant must comply with all provisions of the Bozeman Municipal Code, which are applicable to
this project. The applicant is advised that unmet code provisions, or code provisions that are not
specifically listed, does not, in any way, create a waiver or other relaxation of the lawful requirements of
the Bozeman Municipal Code or state law.
a. Item “e” of staff report - Section 18.42.180.C - Requires 10% of the net building acreage
to be dedicated to Restricted Size Lots, or a minimum of 453,301 square feet for this
subdivision. The Final Plat must identify the RSL lots.
Both the certificate page(sheet 1 of 3) and subdivision page (sheet 2 of 3) of the
final plat need to provide a “notation that identifies the RSL lots for Phase One to
demonstrate how the requirement for RSL lots will be met. The final plat for
Phase One has been updated to address said provision.
b. Item “m” of staff report - Section 18.78.060.G - A professional cultural resource
inventory of the site to be conducted by a qualified archeologist is necessary. The results
Page 3
of said survey must be provided to the Planning Office and the State Historic
Preservation Office prior to the disturbance of any of the subdivision grounds.
The final plat application now provides a copy of the professional cultural
resource inventory.
c. Item “v” of staff report - 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, side and 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 to service said subdivision
lots. The easement notation required in Section 16.14.050.B.4 of the Bozeman
Subdivision regulations shall also be provided on the final plat.
Because the final plat does not provide utility easements along all required yards,
it is necessary to provide the final plat application approval by all utility
companies that said easements being provided are acceptable. Said letters from
all applicable utility companies has been provided with an updated version of the
final plat.
2. The traffic impact analysis submitted for the project shall be approved by City Engineering and the
Montana Department of Transportation. All improvements needed to provide adequate level of service
for the analyzed intersections must be installed with the project.
Said improvements are being installed and are scheduled be completed prior to the filing of
the final plat. However, a “No Build” restriction is necessary with the filing of the plat
based on the outcome of said required improvements, as well as other outstanding
subdivision improvements identified by the City Engineer’s Office.
3. Access Permits for the intersections, and Occupancy Permits for water and sewer mains and services
within the State's right-of-way must be obtained from the Montana Department of Transportation.
The City Engineer’s Office has determined that said condition has been met.
4. The west half of South 19th Avenue shall be improved to the 120’ right of way, 5 Lane Principal Arterial
standard as shown in the Greater Bozeman Area Transportation Plan, 2001 Update, along the entire
frontage of the subdivision including tapers back to existing asphalt on the north and south end meeting
AASHTO standards. All of the improvements to South 19th Avenue shall be complete with Phase I of
the subdivision.
Said improvements are being completed prior to the filing of the final plat.
5. The sidewalks adjacent to South 19th shall be 6 feet wide, and shall be installed at the time the street
improvements are done.
Said improvements are scheduled to be completed prior to the filing of the final plat or
financially guaranteed.
6. The north half of Blackwood Road along with the required utility extensions shall be improved to the
62-feet back-of-curb to back-of-curb Collector standard as shown in the Greater Bozeman Area
Page 4
Transportation Plan, 2001 Update, along the entire frontage of the subdivision. This shall include the
curb for the future median.
Said improvements for Phase One are scheduled to be completed with the filing of the final
plat.
7. The full width of Graf Street along with the required utility extensions shall be improved to the 48 feet
back-of-curb to back-of-curb Collector standard as shown in the Greater Bozeman Area Transportation
Plan, 2001 Update, from South 27th Avenue to the western boundary of the property.
Said improvements will be completed with the filing of the final plat.
8. The full width of South 27th Avenue from Blackwood Drive to Alder Creek Drive, and the east half
from Alder Creek Drive to Graf Street, along with the required utility extensions shall be improved to
the 62-feet back-of-curb to back-of-curb Collector standard as shown in the Greater Bozeman Area
Transportation Plan, 2001 Update. This shall include the curb for the future median where only a half
street is constructed.
Said improvements will be completed with the filing of the final plat.
9. The proposed variances identified in the preliminary plat submittal are not variances, but rather
deviations from the City Design Standards. Calculations must be submitted to justify the deviations, or
the intersections realigned to meet the standards.
The City Engineer’s Office has approved said variances.
10. 100-year flood elevations shall be computed for the watercourses that are within the subdivision
boundary. All locations where flooding limits encroach onto proposed lots shall be noted on the final
plat along with minimum floor elevation for the structures to be constructed on the effected lots.
Said information is provided on the final plat.
11. The sewer master plan for the area requires that a 10-foot main be installed through this subdivision or
the majority of it to provide service for the properties to the south. The preliminary plat submittal states
that all interior mains will be 8 inches. The mains must be adequately sized to serve the area to the
south.
Said 12-inch main as required by the City Engineer’s Office has been installed to the south
property line.
12. A 1-foot No Access Strip shall be shown on the plat along the entire frontage of South 19th Avenue,
Blackwood Drive, Graf Street, and South 27th Avenue with the exception of along Lots 11 & 12 of
Block 5, and Lots 13, 14, and 15 of Block 9. These lots shall utilize a shared access as shown on the
preliminary plat submittal.
The 1-foot No Access strip and shared access points are noted accordingly on the final plat
for Phase One.
13. All weather access roads shall be installed to provide access to all sewer mains that are not located within
an existing street.
Page 5
The City Engineer’s Office has approved all weather access roads for this phase.
14. Pursuant to Section 18.42.070.3 of the UDO, sewer and water mains shall be stubbed out to the
boundary of the subdivision to provide future service to adjoining undeveloped land.
The applicant indicates that water and sewer mains have been extended to the boundaries
of the subdivision for future extension of infrastructure to the west and south, which the
City Engineer’s Office has confirmed..
15. Section 18.44.020.2.b of the UDO requires that the subdivision be a PUD unless the rights of way are
60 feet wide. Two 40-foot rights of way separated by 60 feet of open space is being proposed for South
29th Avenue. Either the subdivision will need to be submitted as a PUD, or the rights of way increased
to 60 feet. Alternatively, the entire 140 feet may be dedicated. The plat and covenants shall require that
the median in this street be maintained by the homeowners association. This shall include any
maintenance or removal of the trees along the ditch.
The City Engineer’s Office has accepted the entire 140 feet, and the protective covenants
require the homeowner’s association to maintain the mature vegetation within the median.
16. That the subject property shall be formally annexed to the corporate limits of the City of Bozeman with
the appropriate municipal zoning designations adopted by the City Commission prior to the applicant
submitting for final plat approval for any phase of the major subdivision.
Resolution of Annexation No. 3909 was adopted by the City of Bozeman on April 17, 2006 to
annex the entire said lands.
17. That the phasing of the major subdivision will not have sub-phasing within each phase and that each
phase shall be in the proper sequential format, regardless of the timing for each phase to be filed at the
Clerk and Recorder’s Office.
No sub-phasing is proposed.
18. That the subdivision exemption for relocation of a common boundary between the adjoining
landowners (i.e., Marshall Bennett and Jane Schaaf and Don Miller) be filed at the Gallatin County Clerk
& Recorder’s Office prior to submitting for final plat review and approval.
Said common boundary realignment has been filed.
19. That water rights, or cash in-lieu thereof, shall be provided and paid for prior to final plat review and
approval for each phase. If the final plat of the subdivision is filed in phases, water rights, or cash in-lieu
thereof will only be required for each phase of the subdivision that is being filed. The applicant shall
provide payment of the calculated cash in-lieu of water rights based on an amount determined by the
Director of Public Service.
Payment of cash in-lieu of water rights in the amount of $54,903.31 for Phase One was paid
on October 10, 2006.
Page 6
20. That the final plat contain the following language that is readily visible with lettering, at a minimum
height of 3/16-inch, placing future landowners of individual lots on notice of the presence of high
groundwater in the area of the subdivision for review and approval by the Planning Office:
“Due to the potential of high ground water tables in the areas of the subdivision, no partial or
full basements will be permitted in areas designated as having groundwater within five (5) of the
surface during peak irrigation. The finish floor of all residential structures shall be not less than
two (2) feet above the established elevation from the top of curb of the adjoining street.
Furthermore, it is not recommended that residential dwellings or commercial structures with full
or partial basements be constructed without first consulting a professional engineer licensed in
the State of Montana and qualified in the certification of residential and commercial
construction.”
Said notation is provided on the final plat.
21. Dedication of the public parkland will occur with the first phase of the major subdivision.
Two of the four public parks proposed with the subdivision will be dedicated with Phase
One of the major subdivision. Each park noted on the final plat must identify said acres to
be dedicated, exclusive of any common areas and/or storm water facilities. The Recreation
and Parks Advisory Board and Planning Office endorsed the parkland with Phase One with
the exception to note the actual acres for each park and that Ainsworth Park is a Public
Park.
22. That the applicant dedicates with the first phase of the major subdivision up to a 2-acre parcel of land,
reviewed and approved by the City of Bozeman Fire Department, for the purposes of a fire department
substation situated along Graf Street.
This matter was not addressed with the original final plat application, whereby said parcel
of land for the purposes of a fire department substation along Graf Street was deeded to the
City. The creation and documentation to transfer said parcel to the City of Bozeman was
executed on November 16, 2006 (see attached copy of warranty deed).
23. Public pathway easements shall be at least 25-30-feet wide, including said easement located in Block 23
of Phase 2b, and noted accordingly on the final plat.
Said public pathway easements are provided. However, the alignment of the easement on
Lot 14 and 15, Block 9 does not allow proper placement of the 30-foot wide shared access
easement service both lots. Therefore, said alignment will need to be adjusted.
24. That the final design and specifications of the trail system within the major subdivision be reviewed and
approved by the Superintendent of Parks and Recreation.
25. That the applicant modify the protective covenants of the homeowner’s association as outlined in the
staff report and that the applicant submit a revised draft of the protective covenants for review and
approval by the Planning Office at least thirty (30) days prior to submitting for final plat approval of the
initial phase of the major subdivision.
Page 7
Said protective covenants need to be modified to address items identified by staff.
26. All areas for the purposes of open space, storm water runoff facilities, and other common areas owned
and maintained by the homeowner’s association shall be identified on final plat as “common area”
and/or “common open space”, and noted accordingly in the protective covenants of the homeowner’s
association documents.
27. All parks that are dedicated parkland shall be noted on the final plat as “Public Park”.
Ainsworth Parks has been identified as a public park on the final plat.
28. That the applicant provide in the protective covenants of the homeowners association for review and
approval by the Planning Office, written language and landscape details providing the necessary
provisions for the proper landscaping of all storm water facilities and related structures, and that all
facilities will be a distance not less than 30 feet from the water courses.
The protective covenants will be amended to provide adequate provisions for the placement
and landscaping of the storm water facilities and related structures.
29. That the applicant provide in the protective covenants of the homeowners association for review and
approval by the Planning Office, the recommended language provided by Mr. Donald Selfert regarding
agricultural and farming practices, damage due to livestock, pets, and trespassing on private agricultural
lands.
The revised protective covenants contain the recommended language provided by Mr.
Seifert.
DS/dps
Attachments
Applicants Response to Conditions of Preliminary Plat Approval
Four (4) original mylars and original Platting Certificate
Copy of Improvements Agreement
Copy of Warranty Deed and Realty Transfer Certificate for City of Bozeman Fire Station Site
cc: Meadow Creek Partners, LLC., 924 Stoneridge Drive, Suite 1, Bozeman, MT 59718
Madison Engineering, 924 Stoneridge Drive, Suite 1, Bozeman, MT 59718
Engineering Inc., 705 Oysterman Drive, Suite F, Bozeman, MT 59715
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Brit Fontenot, City Clerk
Chris Kukulski, City Manager
SUBJECT: Contract Goal of the Bozeman Parking Garage
MEETING DATE: December 4, 2006
BACKGROUND: The purpose of the presentation by Cassie Riggin of Morrison-Maierle
Engineering is to outline the City of Bozeman’s approach to establishing
the Disadvantaged Business Enterprise (DBE) goal for the Bozeman
Parking Garage project.
The City of Bozeman will submit to the Federal Transit Authority (FTA)
for a DBE program contract goal for the Bozeman Parking Garage project
from 2007 to 2009.
Prior to this submittal, a public information presentation should be
scheduled at a regular Bozeman City Commission meeting. This
presentation will also provide a venue for questions and make comments
to the DBE goal and methodology, and also inform the engineering firm
on ways to increase DBE participation on this project via Race Neutral
Means.
RECOMMENDATION:
FISCAL EFFECTS: N/A
ALTERNATIVES: None recommended.
Respectfully submitted,
_________________________________ ____________________________
Brit Fontenot, City Clerk Chris A. Kukulski, City Manager
December 4, 2006
Bozeman Parking Garage – DBE Goal
Public Meeting Info
Today’s meeting is intended to outline the City of Bozeman’s approach to
establishing the DBE goal for the Bozeman Parking Garage project. After this
informational meeting, the project DBE Goal will be published in the Bozeman
Chronicle, in the Montana Department of Transportation’s Civil Rights Bureau
DBE Newsletter, and in the Montana Contractors’ Association monthly
newsletter. The public is encouraged to review the goal methodology and
comment to the City of Bozeman for 45 days from this meeting. All public
comments will be considered for inclusion in the DBE program goal setting.
The public can contact James Goehrung or Cassie Riggin with any comments or
questions at the following location.
James Goehrung Cassie Riggin
PO Box 1230 #1 Engineering Place
Bozeman Mt, 59711 Helena Mt, 59604
jgoehrung@bozeman.net criggin@m-m.net
(406) 582-3232 (406) 495-3503
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Brian Krueger, Associate Planner
SUBJECT: Buffalo Wildwings CUP/COA, #Z-06209
MEETING DATE: Originally scheduled for October 16, 2006, but opened and continued to
November 6, 2006, 6pm and opened and continued to Monday,
December 4, 2006.
BACKGROUND: The application for a Conditional Use Permit (CUP) would allow the
construction of a new 5,995 square foot restaurant with on-premise alcohol consumption and
related site improvements on property located at 1783 North 19th Avenue (Home Depot Pad Lot
#2). The property is designated as “Business Park” in the Bozeman 2020 Community Plan and is
zoned M-1 (Light Manufacturing District). The original public hearing was scheduled for October
16, 2006; however, after a recommendation of denial from the Design Review Board, the applicants
decided to make changes to the project. The DRB re-reviewed minor modifications to the site plan
and elevations on November 8th; however, the DRB again recommended denial of the project citing
that while the revisions were certainly an improvement from the initial application, they did not go
far enough to adequately address all the initial concerns.
At this time, the applicants have withdrawn the project to allow time for more substantial
revisions. When resubmitted, the revised project will have to be completely re-noticed in the
newspaper and to all property owners within 200 feet. The DRB and possibly the DRC will also
have to review the revised project.
UNRESOLVED ISSUES: None.
RECOMMENDATION: That the City Commission acknowledge the applicants request to
withdraw the application.
FISCAL EFFECTS: Fiscal impacts are undetermined at this time.
ALTERNATIVES: As suggested by the City Commission.
CONTACT: Please feel free to email Brian Krueger at bkrueger@bozeman.net if you have any
questions prior to the public hearing.
APPROVED BY: Andrew Epple, Planning Director
Chris Kukulski, City Manager
Report compiled on November 29, 2006
Bruce M. Carlson, AIA
Patrick G. Blees, AIA
Applicants Withdraw Ltr.doc
C.M. Architecture, P.A. C.M. Architecture, P.A.
200 Bailey Avenue, Suite 310 219 North Second Street, Suite 301
Fort Worth, Texas 76107-1210 Minneapolis, Minnesota 55401-1454
Office (817) 877-0044 Office (612) 338-6677
Fax (817) 877-0418 Fax (612) 338-2995
DATE: 29 November 2006
RE: Buffalo Wild Wings
Home Depot Minor Subdivision
1783 N. 19th Avenue, Lot 2
Bozeman, MT 59718
CMA Project No. 06127-01
SUBJECT: Temporarily Withdraw
On behalf of Brad Anderson [Buffalo Wild Wings Franchise], C.M. Architecture, P.A. would like to temporarily
withdraw the project from the December 04 Commission meeting in order to go before the Design Review Board
one additional time to verify compliance with their wishes.
Any further questions or comments may be directed to Mitch K. Booth @ 612-547-1312.
Report compiled on November 27, 2006
Commission Memorandum
REPORT TO: Honorable Mayor & City Commission
FROM: Andrew Epple, Planning Director
Chris Kukulski, City Manager
SUBJECT: Old Chicago Minor Subdivision Preliminary Plat Application #P-06054
MEETING DATE: Monday, December 4, 2006
BACKGROUND: Garden Inn Center, LLC, represented by Hyalite Engineers, LLC, have made
application for a Second or Subsequent Minor Subdivision from a Tract of Record to subdivide
3.4 acres into two commercial lots at 1940 South 19th Avenue. The subject property is currently
occupied by the Old Chicago and Montana Furniture Gallery buildings. The subject parcel is
part of the Stoneridge P.U.D. Minor Subdivision #2, and was created in 2003. At their
November 21st, 2006 public hearing the City of Bozeman Planning Board voted 7 in favor and 0
against to forward a recommendation of conditional approval subject to 5 conditions.
UNRESOLVED ISSUES: There are no unresolved issues at this time.
RECOMMENDATION: The City Commission conditionally approves this application, based
on the Planning Board’s recommendation of conditional approval, with the conditions listed on
Page 2 of Planning Board Resolution #P-06054.
FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased
property tax revenues, along with increased costs to deliver municipal services to the property,
when the property is developed.
ALTERNATIVES: As suggested by the City Commission.
CONTACT: Please feel free to email Martin Knight at mknight@bozeman.net if you have any
questions prior to the public hearing.
Attachments: Planning Board Resolution #P-06054
Minutes of the Planning Board’s November 21st, 2006 public hearing
Staff report
Applicant’s submittal materials
Proposed amended plat
APPROVED BY: Andrew Epple, Planning Director
Chris Kukulski, City Manager
Report compiled on November 27, 2006
Commission Memorandum
PLANNING BOARD AND CITY COMMISSION STAFF REPORT
OLD CHICAGO MINOR SUBDIVISION FILE NO. #P-06054
#P-06054 Old Chicago Minor Subdivision Staff Report 1
Item: Subdivision Preliminary Plat Application #P-06054, a Second or Subsequent
Minor Subdivision from a Tract of Record to divide 3.4 acres into two
commercial lots at 1940 North 19th Avenue. The subject property is legally
described as Lot 55, Stoneridge P.U.D. Minor Subdivision #2, situated in the
northeast one-quarter of Section 2, T2S, R5E, PMM, City of Bozeman,
Gallatin County, Montana.
Owner/Applicant: Garden Center Inn
2020 Charlotte Street
Bozeman, MT 59718
Representative: Hyalite Engineers
2066 Stadium Drive, Suite 203
Bozeman, MT 59715
Date/Time: Before the Bozeman Planning Board on Tuesday, November 21st, 2006 at 7:00
p.m. in the Community Room, Gallatin County Courthouse, 311 West Main
Street, Bozeman, Montana.
Before the Bozeman City Commission on Monday, December 4th, 2006 at 6:00
p.m. in the Community Room, Gallatin County Courthouse, 311 West Main
Street, Bozeman, Montana.
Report By: Martin Knight, Assistant Planner
Recommendation: Conditional Approval
____________________________________________________________________________________
PROJECT LOCATION
The subject property is legally described Lot 55, Stoneridge P.U.D. Minor Subdivision #2, situated in the
northeast one-quarter of Section 2, T2S, R5E, PMM, City of Bozeman, Gallatin County, Montana, is
addressed at 1940 North 19th Avenue, and is generally located between Commerce Way and Tschache Lane.
The property is zoned B-2 (Community Business District).
Please refer to the vicinity map provided on Page 2.
#P-06054 Old Chicago Minor Subdivision Staff Report
2
PROPOSAL
Don Cape & Garden Center Inn, LLC, represented by Hyalite Engineers, have made application for a
Second or Subsequent Minor Subdivision from a Tract of Record to subdivide 3.4 acres into two
commercial lots at 1940 North 19th Avenue. The subject property currently has two buildings, occupied by
Old Chicago and Montana Furniture Galleries. This subdivision would create individual parcels for each of
these buildings. Lot 55A-1 would be approximately 1.97 acres, and occupied by Old Chicago. Lot 55A-2
would be approximately 1.43 acres, and occupied by Montana Furniture Galleries. The subject parcel is part
of the Stoneridge P.U.D. Subdivision, and was created in 2003.
ZONING DESIGNATION & LAND USES
Again, the subject property is currently occupied by Old Chicago and Montana Furniture Galleries and is
zoned B-2 (Community Business District). The intent of the B-2 district is to provide for a broad range of
mutually supportive retail and service functions located in clustered areas bordered on one or more sides by
limited access arterial streets. The following land uses and zoning are adjacent to the subject property:
North: Hilton Garden Center Inn, zoned B-2 (Community Business District);
South: Bridger Peaks Town Center, zoned B-2 (Community Business District);
East: Lowe’s, zoned B-2 (Community Business District);
West: Home Depot, zoned B-2(Community Business District).
#P-06054 Old Chicago Minor Subdivision Staff Report
3
ADOPTED GROWTH POLICY DESIGNATION
The subject property, as well as all adjacent property, is designated as Regional Commercial and Services in
the Bozeman 2020 Community Plan. This category designates places where the retail, education, health
services, public administration, and tourist services with a regional impact should be provided. Because of
the draw from outside consumers of these services, it is necessary that these types of facilities be located in
proximity to significant transportation routes.
PRELIMINARY PLAT SUPPLEMENTS
During the preapplication review the applicants submitted a letter requesting waivers for all of the materials
required by Section 18.78.060 “Additional Subdivision Preliminary Plat Supplements” of the UDO. During
the preapplication review, the development review committee (DRC) voted to grant all of the requested
waivers.
STAFF FINDINGS/REVIEW CRITERIA
The basis for the City Commission’s decision to approve, conditionally approve or deny the subdivision
shall be whether the preliminary plat, Planning Board advise and recommendation, and additional
information demonstrates that development of the subdivision complies with the Unified Development
Ordinance, the City’s growth policy, the Montana Subdivision and Platting Act and other adopted state and
local ordinances. The Montana Subdivision and Platting Act established six primary review criteria, which
the governing body must also consider when evaluating subdivisions. Planning staff, the DRC, and other
reviewing agencies have made comments in relation to those and other criteria as described below, and have
recommended conditions as outlined in this staff report.
A. Primary Review Criteria
1. Effects on Agriculture
The property has planned, zoned and developed for commercial uses. The area has been
platted and developed for many years, and does not support agricultural uses. There are no
adjacent agricultural uses.
2. Effects on Agricultural Water User Facilities
No effects on agricultural water user facilities were identified.
3. Effects on Local Services
Water/Sewer. Water and Sewer services are currently obtained from Commerce Way and a
35-foot utility easement along the eastern property boundary. No modifications to these
services are proposed. Existing water and sewer service lines must be accurately depicted on
the final plat. This has been included as a condition for Final Plat approval.
Police/Fire. The property is well within the City’s Police and Fire emergency response area.
The subdivider must obtain an address for the new lot from the City Engineering Division
prior to filing of the final plat to facilitate fire and police response to the site.
Streets. No modification to the access and street configuration is proposed. A perpetual
reciprocal easement for access, driveways, parking, snow storage, drainage, etc. must be
#P-06054 Old Chicago Minor Subdivision Staff Report
4
executed prior to final plat approval. This has been included as a condition for Final Plat
approval.
All existing and proposed easements, including adjacent right-of-ways, shall be depicted
upon the preliminary plat. This has also been included as a condition for Final Plat
approval.
Stormwater. Stormwater facilities have been provided with the development of Stoneridge
P.U.D. Subdivision.
Parks. Parkland dedication was provided with the Stoneridge P.U.D. Parkland dedication
cannot be required with minor subdivisions.
Utilities. There are existing power, cable and phone utilities that were installed with initial
development of the subject property. This includes a 35-foot utility easement along the
eastern property boundary. No modifications are proposed.
4. Effects on the Natural Environment
The existing weed plan, as approved through the original subdivision, is found to be
acceptable.
5. Effects on Wildlife and Wildlife Habitat
There should be no impact on wildlife and wildlife habitat. The subject property has been
developed for commercial uses for some time.
6. Effects on Public Health and Safety
The intent of the regulations in the Unified Development Ordinance is to protect the public
health, safety and general welfare. The subdivision has been reviewed and determined to be
in general compliance with the title. Any other conditions deemed necessary to ensure
compliance have been noted throughout this staff report.
B. Compliance with the survey requirements provided for in Part 4 of the Montana Subdivision
and Platting Act.
The property in question has been surveyed and platted in conformance with the Montana
Subdivision and Platting Act and filed as a preliminary plat in accordance with the state statute and
the Bozeman Municipal Code.
C. Compliance with the Bozeman Unified Development Ordinance.
The following requirements are standards of the Unified Development Ordinance and shall be
addressed with the final plat submittal:
1. In accordance with UDO Section 18.42.060, all easements, existing and proposed, shall be
accurately depicted on the final plat.
2. A final copy of the covenants, restrictions, and articles of incorporation, with language that
indicates that these lots are included in the homeowner’s association, shall be submitted
#P-06054 Old Chicago Minor Subdivision Staff Report
5
with the final plat application for review and approval by the Planning Department and
shall contain, but not be limited to, provisions for assessment, maintenance, repair and
upkeep of common open space areas, public parkland/open space corridors, stormwater
facilities, public trails, snow removal, and other areas common to the association pursuant
to Chapter 18.72 of the Bozeman Unified Development Ordinance.
3. The final plat shall conform to all requirements of the Bozeman Unified Development
Ordinance and the Uniform Standards for Final Subdivision Plats and shall be
accompanied by all required documents, including certification from the City Engineer that
as-built drawings for public improvements were received, a platting certificate, and all
required and correct certificates. The final plat application shall include four (4) signed
reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent); two (2)
digital copies on a double-sided, high density 3-1/2" floppy disk; and five (5) paper prints.
4. Pursuant to Section 18.06.040.D.6, conditional approval of the preliminary plat shall be in
force for not more than one calendar year. Prior to that expiration date, the developer may
submit a letter of request for the extension of the period to the Planning Director for the
City Commission’s consideration. The City Commission may, at the written request of the
developer, extend its approval for no more than one calendar year, except that the City
Commission may extend its approval for a period of more than one year if that approval
period is included as a specific condition of a written subdivision improvements agreement
between the City Commission and the developer, provided for in §18.74.060, BMC.
5. Pursuant to Section 18.74.030.B, if it is the developer’s intent to file the plat prior to
installation, certification, and acceptance of all required improvements by the City of
Bozeman, an Improvements Agreement shall be entered into 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 the
installation of all improvements, the developer shall supply the City of Bozeman with an
acceptable method of security equal to 150 percent of the cost of the remaining
improvements.
6. Pursuant to Section 18.06.060, the applicant shall submit with the application for final plat
review and approval, a written narrative stating how each of the conditions of preliminary
plat approval has been satisfactorily addressed, and specifically (tab, page, paragraph, etc.)
where this information can be found.
D. Compliance with the required subdivision review process.
A subdivision preapplication was submitted on August 7, 2006. The preapplication was reviewed by
the DRC on August 16th, 23rd, and 30th, 2006, and the final preapplication letter was mailed on
August 30th, 2006. The applicant had until August 30th, 2007 to submit a preliminary plat
application.
A preliminary plat application was submitted on October 3rd, 2006 and the required completeness
letter was sent on October 6th, 2006. The preliminary plat was reviewed by the DRC on October
25th, November 1st, and 8th, 2006, and the required adequacy letter was mailed on November 8th,
2006. On the third and final week of DRC review, a favorable recommendation was forwarded for
consideration by the Planning Board and City Commission.
#P-06054 Old Chicago Minor Subdivision Staff Report
6
Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday, November
5th, 2006. The site was posted with a public notice on November 3rd, 2006. Finally, notice was sent
to adjacent property owners via certified mail, and to all other property owners of record within 200
feet of the subject property via first class mail, on November 3rd, 2006.
On November 9th, 2006 the subdivision staff report was drafted and forwarded with a
recommendation of conditional approval to the Planning Board for consideration at its November
21st, 2006 public hearing. The City Commission will make a final decision at a December 4th, 2006
public hearing. Final decision for a Second or Subsequent Minor Subdivision from a Tract of
Record Preliminary Plat must be made within 60 working days of the date it was deemed complete
or in this case by December 6th, 2006. If the application is approved on December 4th, 2006 then it
will have taken 58 working days.
E. Provision of easements for the location and installation of any planned utilities.
No modifications are proposed.
F. Provision of legal and physical access to each parcel.
Both lots gain access from Commerce Way. A perpetual reciprocal easement for access, driveways,
parking, snow storage, drainage, etc. will be required. This must be executed prior to Final Plat
approval. This has been included as a condition for Final Plat approval.
RECOMMENDED CONDITIONS OF APPROVAL
The recommended conditions of approval do not include code requirements identified in the Staff Findings.
Mandatory compliance with the explicit terms of the Unified Development Ordinance does not constitute
conditions of approval. The conditions of approval may require compliance with more than the minimum
standards in order to conform to the physical and economic development of the City, and to the safety and
general welfare of the future lot owners and of the community at large. The applicant must comply with all
provisions of the Bozeman Municipal Code, which are applicable to this project.
Planning Staff and the Development Review Committee (DRC) find that the application, with conditions, is
in general compliance with the adopted Growth Policy, the Montana Subdivision and Platting Act and the
Unified Development Ordinance. The Planning Board may provide advice and comments on the following
recommended conditions of approval:
1. When two lots are created, each lot will be expected to provide adequate landscaping to comply with
the landscape performance standards contained in Section 18.48.060 of the UDO. A revised
landscaping plan illustrating how the performance standards will be satisfied must be submitted with
the final plat application. Any additional landscaping that is required shall be installed or financially
guaranteed prior to final plat approval.
2. The perpetual reciprocal easement for access, driveways, parking, snow storage, drainage, etc. must
be executed prior to final plat approval.
3. All existing and proposed easements (including adjacent right-of-way) shall be depicted upon the
final plat.
4. Existing water and sewer service lines shall be accurately depicted upon the final plat.
#P-06054 Old Chicago Minor Subdivision Staff Report
7
5. The final plat shall comply with the standards identified and referenced in the Unified Development
Ordinance. The applicant is advised that unmet code provisions, or code provisions that are not
specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation
of the lawful requirements of the Bozeman Municipal Code or state law.
CONCLUSION/RECOMMENDATION
Pursuant to Section 18.06.040.D of the Unified Development Ordinance, the Planning Board shall review
the preliminary plat and supplementary information to determine if the proposed plat is in compliance or
noncompliance with the adopted growth policy. The Planning Board shall act to recommend approval,
conditional approval or denial of the preliminary plat application. The Board shall then provide advice and
comments to the Bozeman City Commission for its consideration at its Monday, December 4th, 2006, public
hearing which begins at 6:00 p.m. The Planning Board Resolution #P-06054 and minutes from the
Planning Board’s November 21st, 2006 public hearing will be forwarded to the City Commission and made a
part of the Commission’s record.
THE BOZEMAN PLANNING BOARD WILL MAKE A RECOMMENDATION TO THE
BOZEMAN CITY COMMISSION. THE CITY COMMISSION SHALL MAKE THE FINAL
DECISION ON THIS APPLICATION. THE DECISION OF THE CITY COMMISSION MAY
BE APPEALED BY AN AGGRIEVED PERSON AS SET FORTH IN SECTION 18.66 OF THE
UNIFIED DEVELOPMENT ORDINANCE.
PUBLIC COMMENTS
No public comments have been received as of this date. Any public comments received after the date of this
report will be distributed at the public hearing.
ATTACHMENTS
Applicant’s preliminary plat submittal materials
REPORT SENT TO
Done Cape, Garden Center Inn, 2020 Charlotte Street, Bozeman, MT 59718
Daniel Summerfield, Hyalite Engineers, 2066 Stadium Drive, Suite 203, Bozeman, MT 59715
Old Chicago Minor Subdivision
1
RESOLUTION #P-06054
RESOLUTION OF THE CITY OF BOZEMAN PLANNING BOARD REGARDING A
MINOR SUBDIVISION PRELIMINARY PLAT APPLICATION FOR THE SUBDIVISION
OF 3.4 ACRES INTO TWO COMMERCIAL LOTS AT 1940 NORTH 19TH AVENUE. THE
PROPERTY IS ZONED B-2 (COMMUNITY BUSINESS DISTRICT) AND IS LEGALLY
DESCRIBED AS LOT 55, STONERIDGE P.U.D. MINOR SUBDIVISION #2, SITUATED
IN THE NORTHEAST ONE-QUARTER OF SECTION 2, T2S, R5E, PMM, CITY OF
BOZEMAN, GALLATIN COUNTY, MONTANA, GENERALLY LOCATED AT THE
INTERSECTION OF NORTH 19TH AVENUE AND COMMERCE WAY.
WHEREAS, the City of Bozeman has adopted a growth policy pursuant to Section 76-1-601,
M.C.A.; and
WHEREAS, the City of Bozeman Planning Board has been created by Resolution of the
Bozeman City Commission as provided for in Title 76-1-101, M.C.A.; and
WHEREAS, the property owners and applicants, Garden Inn Center, LLC, submitted a Second
or Subsequent Minor Subdivision from a Tract of Record Preliminary Plat Application to divide 3.4
acres into two commercial lots at 1940 North 19th Avenue on land described as Lot 55, Stoneridge
P.U.D. Minor Subdivision #2, situated in the northeast one-quarter of Section 2, T2S, R5E, PMM, City
of Bozeman, Gallatin County, Montana; and
WHEREAS, the proposed Second or Subsequent Minor Subdivision from a Tract of Record
Preliminary Plat Application has been properly submitted, reviewed, and advertised in accordance with
the procedures of Section 18.04 of the Bozeman Unified Development Ordinance; and
WHEREAS, the City of Bozeman Planning Board held a public hearing on Tuesday, November
21, 2006, to review the application and any written public testimony on the request for said Second or
Subsequent Minor Subdivision from a Tract of Record Preliminary Plat Application; and
WHEREAS, no members of the public spoke at the public hearing; and
WHEREAS, the City of Bozeman Planning Board reviewed the application against the
requirements of the Montana Subdivision and Platting Act, and found that with conditions the Second
or Subsequent Minor Subdivision from a Tract of Record Preliminary Plat Application would comply
with those requirements; and
NOW, THEREFORE, BE IT RESOLVED, that the City of Bozeman Planning Board, upon a
vote of 7-0, recommends to the Bozeman City Commission that the application to divide 3.4 acres into
two commercial lots at 1940 North 19th Avenue, on land described as Lot 55, Stoneridge P.U.D. Minor
Subdivision #2, situated in the northeast one-quarter of Section 2, T2S, R5E, PMM, City of Bozeman,
Gallatin County, Montana, be conditionally approved subject to the following conditions:
Old Chicago Minor Subdivision
2
1. When two lots are created, each lot will be expected to provide adequate landscaping to comply
with the landscape performance standards contained in Section 18.48.060 of the UDO. A
revised landscaping plan illustrating how the performance standards will be satisfied must be
submitted with the final plat application. Any additional landscaping that is required shall be
installed or financially guaranteed prior to final plat approval.
2. The perpetual reciprocal easement for access, driveways, parking, snow storage, drainage, etc.
must be executed prior to final plat approval.
3. All existing and proposed easements (including adjacent right-of-way) shall be depicted upon
the final plat.
4. Existing water and sewer service lines shall be accurately depicted upon the final plat.
5. The final plat shall comply with the standards identified and referenced in the Unified
Development Ordinance. The applicant is advised that unmet code provisions, or code
provisions that are not specifically listed as conditions of approval, does not, in any way, create
a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state
law.
DATED THIS DAY OF , 2006 Resolution #P-06054
_____________________________ ____________________________
Andrew C. Epple, Planning Director JP Pomnichowski, President
Department of Planning & Community Development City of Bozeman Planning
Board
1
** MINUTES **
JOINT MEETING OF THE CITY OF BOZEMAN PLANNING BOARD
AND ZONING COMMISSION
NOVEMBER 21st, 2006
CITY HALL, COMMISSION MEETING ROOM
7:00PM
0:08:50 [17:19:38] ITEM 1. CALL TO ORDER AND ATTENDANCE
Chair JP Pomnichowski called this joint meeting of the Bozeman Zoning Commission and
Planning Board to order at 7:04PM and directed the secretary to record the attendance.
Zoning Commission Members Present: Zoning Commission Members Absent:
JP Pomnichowski, Chair Nicholas Lieb
Peter Harned
Warren Vaughan
Nathan Minnick
Sean Becker, Commission Liaison
Planning Board Members Present:
JP Pomnichowski, President and Chair
Brian Caldwell
Randy Carpenter
Dave Jarrett
Caren Roberty
Edward Sypinski
Erik Henyon
Steve Kirchhoff, Comission Liaison
Staff Present:
Andy Epple, Director of Planning and Community Development
Chris Saunders, Assistant Director of Planning and Community Development
Martin Knight, Assistant Planner
Lanette Windemaker, Contract Planner
Kimberly Kenney-Lyden, Recording Secretary
Guests Present:
Jami Morris, Land Use Planning Consultant Joby Sabol
Keith Belden, Morrison-Maierele Inc. Shelly Engler
Marcia Kavenez Chaucer Silverson
Rex Friesenhahn Paul VanOrden
Cory Ravnass, Hyalite Eng. Daniel Sommerville, Hyalite Eng.
Katryn Mitchell, Hyalite Eng. Craig Mendenhall
Glen Monigheth Jerry Perkins, PT Land Trust
2
2:27:41 [22:27:31] ITEM 2. PUBLIC COMMENT (0-15 MINUTES)
Seeing there was none, President JP Pomnichowski closed this portion of the meeting.
2:28:03 [22:42:59] ITEM 3. MINUTES OF NOVEMBER 7TH, 2006.
On page 4, 4th paragraph, please change Mr. Jarrett to Mr. Dabney. Seeing there were no other
corrections, Chair Pomnichowski moved to approve the minutes as amended, seconded by Mr.
Sypinski and Mr. Jarrett. All in favor, motion passed 7-0.
2:27:17 [21:55:27] ITEM 4: PLANNING BOARD PROJECT REVIEW
2:27:24 [19:15:47] 1. Preliminary Plat Application #P-06054 (Old Chicago Minor
Subdivision): Subdivision preliminary plat application requested by the owner and
applicant, Garden Center Inn, and representative Hyalite Engineers to allow a second or
subsequent Minor Subdivision from a Tract of Record to divide 3.4 acres intotwo
commercial lots at 1940 North 19th Avenue. The subject property is legally described as
Lot 55, Stoneridge PUD Minor Subdivision #2, situated in the northeast one-quarter of
Section 2, T2S, R5E, PMM, City of Bozeman, Gallatin County, Montana. (Knight)
2:29:32 [21:47:48] Staff Report
Planner Knight presented his staff report. He noted there were no modifications to this site, but
this plan will propose individual lots for the individual buildings. All zoning ordinances and
requirements are being met and the only issue is the condition for revised landscape requirements
for each lot. Mr. Knight closed by stating the planning staff is recommending conditional
approval per page six of the staff report.
2:31:05 [ ] Questions for Staff
Erik Henyon asked Planner Knight if the parking meets the City's requirements for number of
stalls. Mr. Knight responded this plan does meet the parking requirements.
Dave Jarret asked if there were any waiver of rights to protest prior to this that have not been met
and Mr. Knight stated this was handled prior to this, during the Stoneridge minor subdivision
process.
JP Pomnichowski asked if each lot would have the required number of stalls and Mr. Knight
stated they would and each lot will have a shared access agreement for the entire parking area.
2:32:23 [20:14:52] Applicant Presentation
Daniel Sommerfield with Hyalite Engineers representing the owners of this project. He noted he
did not have much to add, and basically the client, Montana Furniture Gallery is simply
proposing to draw a line down this lot because their desire is to purchase the portion their shop is
on instead of leasing it.
3
2:33:46 [20:28:09] Discussion
Brian Caldwell stated he appreciates the clarification of the reasoning behind this minor lot split
as a lot of people are not familiar with commercial issues. He closed by noting he would like
move forward with a recommendation.
2:34:31 [21:13:57] Motion and Vote
Mr. Caldwell moved to recommend approval of #P-06054 as conditioned by staff. Seconded by
Erik Henyon. Those in favor being Brian Caldwell, Erik Henyon, JP Pomnichwoski, Dave
Jarrett, Caren Roberty, Ed Sypinski, and Randy Carpenter. All in Favor. Motion passed, 7-0.
Draft 2007 Goals List 1
Draft 2007 Goals List
November 30, 2006
City Commission
HIGH
1) Continue to enhance the affordable housing program
2) Implement Charter provisions
3) Utilize citizen panels as an additional method for gaining public input into critical decisions
4) Adopt updated impact and utility rate fees
5) Implement principles outlined in the Mayor’s Climate Protection Agreement – adopted
November 27, 2006
6) Educate the public on the necessity for and passage of a Public Safety mill levy
7) Sign Inter-Local Planning Agreement with Gallatin County
MEDIUM
8) Appoint the Board of Adjustments
9) Coordinate 2020 Plan update with Bozeman school district
10) Schedule a working trip to Fort Collins in order to learn what has gone well or failed since Fort
Collins grew from our current size to over twice our size (include staff, Chamber & MSU)
11) Consider a ban on cellular telephone use while driving within the City
City Manager
HIGH
1) Provide leadership on our workforce housing challenge (Housing Task Force) (NCS – Below
Norm)
2) Complete an analysis of the police department for staffing levels and facilities
3) Present the City Commission with a plan for the review and approval of a Public Safety mill levy
4) Be actively engaged in the 2007 legislative session focused on expanding the ability for local
elected officials and citizens to make decisions regarding:
· Local option resort taxes and/or a general sales tax
· Local option accommodations tax
· Increasing the ½ inflation adjustment to be equal to inflation
· Protect use of TIF Districts
5) Present a timeline for major facility construction and funding sources for each project (i.e.
wastewater plant, fire stations, police station, City Hall and water plant)
Draft 2007 Goals List 2
MEDIUM
6) Complete the redevelopment of Story Mansion
7) Wallace Street/Library lands redevelopment (library debt)
8) Expand our working relationship with MSU focused on:
· Planning campus expansion with community interface
· Street design – S-19th, 11th, 8th, etc.
· Student impact on neighborhoods
9) Establish an economic development strategy, beginning with the development of an Industrial
Park on the Mandeville Farm site (cooperation between City, MSU and Chamber)
10) Develop public information strategy (public information, media, Bresnan)
11) Assist Downtown redevelopment projects - develop a strategy to maintain Downtown vitality
12) Complete Disc Golf Course
13) Create a Parks Maintenance District
Public Safety Director – Police
1) Complete an analysis of the police department for staffing levels and facilities
2) Present the City Manager with a plan for the review and approval of a Public Safety mill levy
3) Improve recruitment and retention of employees
4) Work effectively with Gallatin County to implement the Criminal Justice Plan
5) Create and implement a Traffic Enforcement Plan (NCS – Below Norm)
6) Improve traffic and pedestrian safety - be actively involved in street design with safety, speed
and patrol in mind
Public Safety Director – Fire
1) Implement the 2006 Facility and Staffing Plan - Adopted November 6, 2006
2) Present the City Manager with a plan for the review and approval of a Public Safety mill levy
3) Open fire station 3 in 2008
4) Open fire station 4 in 2010
5) Review fire works policy
6) Improve fire prevention and safety (NCS – Below Norm)
Draft 2007 Goals List 3
Public Services Director
HIGH
1) Implement the 2006 Waste Water Facilities Plan – Adopted May 22, 2006
· Phase I of BNR plant to open in 2008 - $27,000,000
· $750,000 in collection system improvements every other year
2) Negotiate the terms and conditions for joining the Solid Waste District
3) Implement the 2002 water conservation recommendations
4) Implement the 2006 Water Facilities Plan – Adopted October 9, 2006
· $750,000 in distribution system improvements every other year
· Phase I of the water plant expansion to open in approximately 2011
5) Complete the Transportation Plan Update in 2008
· Road Design Workshop – Walkable Communities Best Practices discussion led by
engineering and planning
· Transit issues
· Downtown Couplets (eliminate one ways? Add diagonal parking?)
MEDIUM
6) Continue close working relationship with the Gallatin NFS on a Watershed Management Plan
that deals with the long range and overall health of Bozeman’s watershed
7) Implement the Storm Water District Plan
8) Improve snow removal – on-street parking issue (NCS – Below Norm)
9) Improve street repair, cleaning, lighting (NCS – Below Norm)
10) Pursue EPA grants for utility infrastructure and rehabilitation
11) Determine new Shops complex location
12) Improve recycling opportunities (NCS – Below Norm)
Finance Director
1) Complete utility rates and impact fee analysis for wastewater, water, storm water, streets, fire,
police and recreation facilities
2) Update the Capital Improvement Plan
3) Investigate and propose an arterial and collector street assessment
4) Improve website to maximize convenient public access to city information and services
5) Identify funding sources to pay for added demand for services
6) Conduct an activity-based costing audit of our planning and development fees
7) Install a pilot city wireless project
Draft 2007 Goals List 4
Planning and Community Development Director
HIGH
1) Complete update of the Impact Fee studies
2) Commence five year review of the 2020 Growth Policy
3) Complete the Parks & Recreation Facilities Plan (PROST)
4) Negotiate and present an Inter-Local Planning Agreement with Gallatin County
5) Complete UDO Revisions
MEDIUM
6) Amend Gambling Ordinance to limit gaming machines to five or less if outside gaming district
7) Conduct a neighborhood design workshop to discuss accessory dwelling units and density
issues; are there areas where densities are too low and/or too high?
8) Improve interface between MSU students and neighbors in neighborhoods (enforcement of
residency restrictions)
Library
1) Retire Library debt by working with the City Commission on Library lands redevelopment (3)
2) Hire additional maintenance staff to adequately maintain the new Library (1)
3) Complete landscaping of the plaza, trail system, and Peets Hill parking lot (4)
4) Purchase a second self-check system in order to adequately serve the public (2)
5) Purchase RFID (Radio Frequency Identification) system for best customer service/staff usage (5)
6) Hire additional library staff to adequately meet public demand at the new Library (1)
7) Purchase additional equipment and materials in order to adequately stock Library (6)
Legal
HIGH
1) Implementation of the adopted Charter
2) Anticipate needs and provide necessary legal support for the high priority goals of the
Commission and other departments
3) Approve language for the Public Safety mill levy
4) Increase level of prosecution by maximizing efficiency and reducing case load per attorney
5) Complete implementation of criminal case management software
Draft 2007 Goals List 5
MEDIUM
6) Complete decriminalization of parking violations
7) Complete sidewalk café ordinance
8) Draft ordinance for surcharges on criminal offenses for software management and other criminal
related costs
9) Complete implementation of electronic discovery guidelines; monitor emerging case law and
evidentiary rules and revise, if necessary, guidelines
10) Manage litigation case load by maximizing in-house efficiency and contracting out future in-
house cases
11) Research and draft cell ban ordinance (depending on Commission direction)
12) Prepare list of potential offenses that consideration should be given to converting to municipal
infractions
13) Develop department MOUs for legal services
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Brit Fontenot, City Clerk
Chris Kukulski, City Manager
SUBJECT: South 19th Street Lights
MEETING DATE: December 4, 2006
BACKGROUND: Mayor Krauss requested that the issue of the newly erected street lights on
South 19th Avenue be placed on the December 4, 2006 Commission
meeting agenda as an FYI/Discussion item. The attached documents
include an e-mail dated November 15, 2006, from Director of Planning
and Community Development Andy Epple to City Manger Chris Kukulski
outlining the lighting standards and correspondence from design engineer
Bob Marvin to City Planner Dave Skelton. Mr. Marvin’s letter, dated
November 14, 2006, explains why his lighting design exceeds City
standards.
RECOMMENDATION: Discuss
FISCAL EFFECTS: N/A
ALTERNATIVES: None
Respectfully submitted,
_________________________________ ____________________________
Brit Fontenot, City Clerk Chris A. Kukulski, City Manager
Attachments: E-mail from A. Epple to C. Kukulski dated Nov. 15 2006
Letter from Bob Marvin to Dave Skelton dated Nov. 14, 2006
From: Andy Epple
Sent: Wednesday, November 29, 2006 4:30 PM
To: Brit Fontenot
Subject: FW: South 19th Lighting
--------------------------------------------------------------------------------
From: Andy Epple
Sent: Wednesday, November 15, 2006 11:50 AM
To: Chris Kukulski
Cc: Dave Skelton; Bob Murray; Jody Sanford; Richard Hixson
Subject: South 19th Lighting
Dave has his hands full with DRC this morning so I volunteered to write this
memo to you. Any of the others who are cc’d are welcome to chime in and correct any
misstatements I might make or offer additional thoughts, but here’s my attempt to shed
some light (sorry) on the subject.
Planning and Engineering staff have reviewed the approved plans and specs for
the roadway design for South 19th adjacent to Meadow Creek, which included the
lighting plan. We have also reviewed additional technical information we have received
from Bob Marvin, the project design engineer. We have compared all this information to
our UDO and find that the lights as installed do not create a conflict with the lighting
standards contained therein.
The opening paragraph of our Street Improvement Standards states: “All street
improvements [including lighting] shall be designed by and constructed under the
supervision of a professional civil engineer, registered in the State of Montana, and shall
meet or exceed the right-of-way and construction standards adopted by the City…and
required for the type of street to be constructed.” (Section 18.44.060 BMC, emphasis
added) The second paragraph goes on to state that: “Plans and specifications for all
public or private streets (including but not limited to curb, gutter, storm drainage, street
lighting and sidewalks), shall be provided to and approved by the City Engineer.”
(NOTE: Although South 19th is a State route, MDT deferred to the City Engineer in
terms of approving plans and specs for this project because it is in the City limits and in
an urbanizing area.)
Design engineer Bob Marvin, in a letter to us dated November 14, 2006
(attached), explains why his lighting design exceeds our standards. He references
compliance with safety design standards set forth by the American Association of State
Highway and Transportation Officials (AASHTO) and the Illuminating Engineering
Society (IES) of North America. Mr. Marvin’s conclusion is that the approved lighting is
necessary to adequately protect the public’s health and safety, given the design speed of
the roadway (high, 60 mph) and the urban design standard of the roadway (with curb and
sidewalk). Staff also feels that the number of intersecting streets, and changes in lane
configurations (from two to three and back to two, with attendant striping and signage)
justify the lighting levels in this area where a high speed arterial street enters an
urbanizing area. It is important that the motoring public be able to see and recognize lane
striping and to read directional signs in such an environment, especially at night and
during periods of inclement weather.
As this area continues to urbanize, staff anticipates reduced speed limits on South
19th, probably down to 45 mph at some time in the not-too-distant future. As speed
limits are reduced, the level of lighting could be reduced as well. Meadow Creek
engineers advise us that they would be willing to remove an appropriate number of the
subject light standards and make them available to other developers in the corridor, so
that a continuous pattern of lower level lighting could eventually be achieved. Staff will
discuss this option with developers in the corridor as opportunities to do so arise. In
other words, the current lighting pattern may be viewed as an interim condition in this
part of the South 19th corridor.
Let us know if you have any questions or need any additional information.
Andrew Epple, AICP
Director of Planning and Community Development
City of Bozeman
P.O. Box 1230
Bozeman, MT 59771-1230
phone 406.586.2260
fax 406.582.2263
aepple@bozeman.net
www.bozeman.net
MARVIN & ASSOCIATES 1300 N. Transtech Way Billings, MT 59102
Mailing Address: P.O. Box 80785 Billings, MT 59108-0785 Phone: 406-655-4550 FAX: 406-655-4991
Email: bobm@marvinassociates.com
Dave Skelton
City Planner
City of Bozeman
20 East Olive Street
P.O. Box 1230
Bozeman, MT 59771 November 14, 2006
Re: Meadow Creek S 19th Lighting
Dear Mr. Skelton:
Kurt Thomson of Engineering Inc. informed me that the City of Bozeman wanted
me to provide design justification for the lighting system that has recently been
installed on S. 19th Avenue, but has not yet been energized. This question has
arisen due to comments from individuals who feel that there are an excessive
number of lights between Graf Road and Blackwood Road.
First, I would offer my opinion that the reason that it is felt that there are an
excessive number of lights is the fact that this section of roadway is located in the
middle of an rural environment with open highway speeds on a flat tangent
section. From a driver’s perspective in a vehicle traveling at 60 mph, the lights
would indeed resemble a picket fence. The fact that this section of roadway is
currently in a rural environment with open highway speeds is actually a justifying
factor in providing street lighting which conforms to current guidelines and
acceptable standards. Despite our earlier contentions that curb& gutter should
not be constructed on roadways where the 85th% speed is greater than 45 mph,
which is in accordance with the American Association of State Highway and
Transportation Officials’ (AASHTO) “Policy on Geometric Design of Highways
and Streets” guidelines, the curb was required as a conditions of development by
the City of Bozeman. The curb section on this high speed facility could be
considered a roadside obstruction and has the potential to cause serious
damage if struck by a vehicle traveling at 60 mph. Since the potential for striking
this curb would be greater during hours of darkness, adequate street lighting is
required and our street lighting design was based on the most current standards
and in accordance with national street and roadway lighting criteria.
Illuminance levels for various classes of roadways are found in the American
Association of State Highway and Transportation Officials’ (AASHTO) An
Informational Guide for Roadway Lighting, which references the American
National Standard Practice for Roadway Lighting by the Illuminating Engineering
Society (IES) of North America. The highest illuminance level for major
roadways in commercial areas is 1.6 horizontal foot candles (HFC) and an
average to minimum uniformity ratio no greater than 3:1 and a maximum to
average ratio no greater than 6:1. In this case, S 19th Avenue is an arterial street
and the adjacent roadside environment will be primarily residential. Therefore
MARVIN & ASSOCIATES 1300 N. Transtech Way Billings, MT 59102
Mailing Address: P.O. Box 80785 Billings, MT 59108-0785 Phone: 406-655-4550 FAX: 406-655-4991
Email: bobm@marvinassociates.com
the illuminance levels could be as low as 0.8 HFC. However, future development
on the east side of the roadway could feasibly have some commercial and the
combination could then be considered intermediate, which would require 1.2
HFC. Not being entirely sure of what future development could evolve, the level
of illuminance of 1.0 HFC was selected as a compromise. Even if both sides of
the street would be totally residential, we would still be dealing with a high speed
rural roadway for an unknown period of time. In addition, the adjacent walkways
require an illuminance level of 2.0 HFC and in order to achieve that level, the
roadway lighting level would also need to be higher. Thus, it was felt that the 1.0
HFC design criteria was a good compromise to ensure both interim and future
lighting needs.
The Bozeman Unified Ordinance standards on lighting do not specifically state
the level of illuminance to be achieved on street surfaces, but requires 2.0 HFC
on pathways with mixed pedestrians and vehicles (Table 42-4). Also in Table 42-
2, of the Bozeman codes, it indicates that on arterial streets with high pedestrian
conflicts the poles should be spaced at a maximum distance of 225’ and with low
pedestrian conflicts they should be at a maximum of 300’. Table 42-3 indicates
that the luminaire mounting height for the 33000-22500 lumen lights, which are
required for arterial streets (Table 42-2), should be 38’. Thirty eight foot
mounting height poles are not readily available in the Montana market area and
would be rather costly from a design and supply standpoint. From what we could
determine, the City codes provide a good ballpark estimate of the type of fixtures
and poles that could be required, but does not address curb overhang, variations
in pole positioning, number of traffic lanes, medians, or other factors which have
a critical influence in achieving adequate illumination on critical areas of the
street. Also, uniformity criterion is missing, which is actually more important than
the HFC levels. Since the human eye is not very responsive to extreme lighting
changes, dark areas between illuminated areas can be more dangerous than no
lights at all.
To check the City of Bozeman spacing criteria based on the existing roadway
geometry, curb overhang, and available hardware, we ran the illuminance
calculations using the General Electric program “Aladan” to determine
illuminance levels and uniformity. The attached calculation summaries indicate
that the interim half-street arterial with 225’ spacing would have an average HFC
of 0.73, which is less than the recommended HFC for purely residential streets.
More importantly, the average/minimum ratio would be 3.38:1 and the
maximum/minimum ratio would be 7.84:1, both of which could be considered
substandard. Using the 300’ spacing on the half-street section, average HFC
would be 0.55, which is well below local neighborhood street standards. The
uniformity calculations resulted in an average/minimum ratio of 10.1:1 and the
maximum/minimum ratio of 17.2:1. With this spacing, roadway safety would be
better if there were no lights at all. When the future full arterial street section
illuminance was calculated using the 225’ and 300’ spacing the 225’ spacing
would have an average HFC of 0..53, which is less than the 300’ spacing on the
MARVIN & ASSOCIATES 1300 N. Transtech Way Billings, MT 59102
Mailing Address: P.O. Box 80785 Billings, MT 59108-0785 Phone: 406-655-4550 FAX: 406-655-4991
Email: bobm@marvinassociates.com
half street and the average/minimum ratio would be 5.43:1, with the
maximum/minimum ratio being 17.2:1. The 300’ spacing resulted in a HFC of
0.40, which is the recommended illumination for alleys. The uniformity would be
horrendous, with an average/minimum ratio of 10.07:1 and the
maximum/minimum ratio being 46.82:1. Many areas of the street would be better
lit by moonlight.
Hopefully you can see that our design, which provided an initial HFC of 1.02 for
interim half-street lighting and 0.90 for future full-width conditions is appropriate
for the conditions described and the assumptions made. Also, the
average/minimum uniformity ratios, which are below 2:1 and maximum/minimum
ratios less than 5:1, would provide for ideal uniform illumination, which is critical
for safety.
In the past 23 years, Marvin & Associates has completed street lighting designs
on a minimum of 50 different projects encompassing every type of street and
parking facility imaginable. In total, our designs have incorporated the installation
and/or upgrade of approximately 9,500 individual lights. Thus, we are thoroughly
familiar with the design process and individual attention required for each
facility’s design. When the lights are turned-on, you may want to see if anyone
would like to remove a few of the lights or install smaller bulbs. I would caution
however, that the new lights will be significantly brighter than the 1.0 HFC
average because they are new and clean. Within a year, when they are dirty and
less efficient, the 1.0 HFC will be realized.
Since continuous lighting was only required on the one-half mile section between
Graf and Blackwood, the dark areas in-between intersection will be darker than is
currently experienced by drivers and the potential for nighttime accidents will
increase to some degree in these unlit areas. This is one of the other reasons
why we didn’t think that the curb and gutter section between Graf and Blackwood
was a good idea. When lighting is installed on a facility, it should be continuous.
If I can provide any additional information is this regard, feel free to contact me.
Respectfully Submitted,
Robert R. Marvin, P.E., P.T.O.E.