HomeMy WebLinkAboutCity Commission Meeting of Bozeman, Montana Agenda Packet 2007-01-29 18-00THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
AGENDA
Monday, January 29, 2007
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 - Vietnam Veterans Memorial Fund (Derby)
Draft Environmental Assessment (Goehrung)
D. Minutes - January 11 Policy Meeting, January 19 Joint City-County Meeting,
January 22, 2007
*Consider a motion to approve the minutes of January 11 Policy Meeting, January 19
Joint City-County Meeting, and January 22, 2007 as submitted.
E. Consent
1. Authorize payment of claims (LaMeres)
2. Provisionally adopt Ordinance 1692, Sidewalk Cafe Ordinance (Luwe)
3. Authorize Mayor to sign Bozeman Certified Local Government Grant
Proposal 2007-2008 (Bristor)
4. Provisionally adopt Ordinance 1691 amending Bozeman Municipal Code
to reflect that a tie Commission vote results in a negative outcome (Luwe)
5. Approve Buttrey's Solvent Site Cost Recovery (Luwe)
6. Adopt Commission Resolution 3997, adopting construction agreement for
Main Street reconstruction (Kukulski)
7. Authorize City Manager to sign City Construction Agreement for State
Maintained Route Main Street (Kukulski)
8. Adopt Resolution 3994, Durston Road 7th to 19th Change Order Number
2 (Murray)
9. Authorize the City Manager to sign the contract for additional services
with Morrison and Maierle, Inc. to address the transit component of the
Downtown Intermodal Facility (Goehrung)
10. Adopt Commission Resolution of Intent 3998 for the Meadow Creek
Phase III and IV Annexation, #A-06015 (Krueger)
11. Award Bid for Aerial Platform Bucket Truck (Van Delinder)
12. Authorize the City Manager to sign the Public Access Easement and the
Water Pipeline and Access Easement and Agreement for Remington
Square (Heaston)
13. Authorize City Manager to sign Professional Services Agreement with
Great West Engineering for the Mandeville Farm Industrial Subdivision
(Murray)
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*Consider a motion to approve consent items 1-13 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. Special Presentation – Road to Home - Home Ownership Program (Menuez)
H. Action Items
1. Impact Fee Credit Request-0602 Legends Impact Fee Credit Request
(Saunders)
*Consider a motion to approve Impact Fee Credit Request #0602 with the conditions
listed in the Commission memo.
2. Impact Fee Credit Request-0603 Northside Impact Fee Credit Request
(Saunders)
*Consider a motion to approve Impact Fee Credit Request #0603 with the conditions
listed in the Commission memo.
3. Update of Capital Improvement Plans Schedules for FY2008-2012 for
Vehicle Maintenance Fund and Street Impact Fee Fund (Rosenberry)
*Consider a motion to approve the FY2008-2012 Vehicle Maintenance Fund and
FY2008-2012 Street Impact Fee Fund Capital Improvements Plans.
4. Appointments to Beautification Advisory Board (Delaney)
*Consider a motion to appoint up to two new members to the Beautification Advisory
Board.
5. Charter Implementation / Section 4.06 - Neighborhood Associations
(Oulman)
*Consider directing staff to draft a Neighborhood Recognition Ordinance pursuant to
recommendations in the staff report.
I. FYI/Discussion
1. Peet's Hill Parking Lot Lighting Update (Folger)
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J. 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.
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LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
POLICY MEETING
BOZEMAN, MONTANA
January 11, 2007
*****************************
The Commission of the City of Bozeman met in the City Commission Meeting Room,
411 East Main, on Thursday, January 11, 2007, at 12:00 PM. Present were Mayor Jeff
Krauss, Cr. Steve Kirchhoff, Cr. Jeff Rupp, Cr. Kaaren Jacobson, Cr. Sean Becker City
Manager Chris Kukulski, Public Works Director Debbie Arkell, Assistant City Attorney
Tim Cooper, and City Clerk Brit Fontenot.
0:10:25 [12:08:25] A. Call to Order - 12:00 PM - City Commission Meeting Room,
City Hall, 411 East Main
Mayor Krauss called the meeting to order.
0:10:31 [12:08:28] B. Pledge of Allegiance and Moment of Silence
0:11:10 [12:09:08] Changes to the agenda
Mayor Krauss questioned City Manager Kukulski about changes to the agenda. Mr.
Kukulski stated that there were none.
0:11:18 [12:09:19] C. Public Comment
Mayor Krauss called for public comment.
No person commented.
0:11:39 [12:09:36] D. Commission meeting de-briefing
0:11:43 [12:09:51] 1. December 18, 2006
There was no de-briefing of the December 18, 2006 Commission meeting.
0:11:52 [12:09:58] 2. January 8, 2006
Commissioner Rupp would like to re-visit the R-1 zoning designation.
0:28:18 [12:25:42] Mayor Krauss
Mayor Krauss suggested resolving the issue at a policy meeting session.
0:29:48 [12:26:59] Commissioner Rupp
Commissioner Rupp requested a State of the Neighborhoods update.
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0:39:04 [12:36:28] E. Policy Discussion
0:39:07 [12:37:32] 1. Required Planning Materials in Commissioner Binders
(Epple/Fontenot)
0:48:03 [12:37:50] Commissioner Rupp
Commissioner Rupp stated that he prefers the hardcopy binders.
0:50:13 [12:37:50] Commissioner Jacobson
Commissioner Jacobson suggested that staff reports need more analysis and less
boilerplate language.
1:11:37 [13:00:05] 2. 2007-08 Goal/Work Plan Discussion (Kukulski)
The Commission discussed the goals/workplan list distributed by Mr. Kukulski.
1:31:36 [13:20:00] F. FYI
The City Clerk asked the Commission if they support a special planning presentation by
Walt Banziger of MSU.
The Commission agreed it was a good idea.
1:31:58 [13:22:15] G. Adjournment
At 1:33 PM Mayor Krauss adjourned the meeting.
______________________________
Jeffrey K. Krauss, Mayor
ATTEST:
____________________________
Brit Fontenot, City Clerk
PREPARED BY:
______________________________________
Brit Fontenot, City Clerk
Approved on ____________________.
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MINUTES OF THE JOINT CITY/COUNTY COMMISSION MEETING
BOZEMAN, MONTANA
January, 19 2007
*****************************
The Commission of the City of Bozeman and County of Gallatin met in a Joint
Round-Table Discussion on January 19, 2007 in the Commission Meeting Room,
City Hall, 411 East Main Street, Bozeman. Present were City Commissioner Jeff
Rupp, City Commissioner Sean Becker, Mayor Jeff Krauss, County
Commissioner Bill Murdock, County Commissioner Joe Skinner, County
Commissioner Steve White, City Manager Chris Kukulski, Director of Public
Services Debbie Arkell, Director of Public Safety - Police Mark Tymrak,
Sanitation Superintendent Steve Johnson, County Administrator Earl Mathers,
and City Clerk Brit Fontenot.
1) Call to order
The meeting was called to order at 7:15 AM.
2) Update and Discussion Regarding City of Bozeman and Gallatin Solid Waste Management
District
No action was taken.
3) Discussion of the Law and Justice Center Campus
No action was taken.
4) Discussion of 2007 Joint City-County Meeting Schedule:
7:00 AM, March 16, Community Room, Gallatin County Courthouse
7:00 AM, May 18, City Commission meeting Room, City Hall
7:00 AM, September 21st, Community Room, Gallatin County Courthouse
7:00 AM, November 16th, Community Room, Gallatin County Courthouse
5) Discussion of other Areas of Concern
None were identified.
6) Adjournment
The meeting was adjourned at 8:30 AM.
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______________________________
Jeffrey K. Krauss, Mayor
ATTEST:
______________________________________
Brit Fontenot, City Clerk
PREPARED BY:
______________________________________
Brit Fontenot City Clerk
Approved on ____________________.
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LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
January 22, 2007
*****************************
The Commission of the City of Bozeman met in the Commission Meeting Room, City Hall, 411
East Main Street, on Monday, January 22, 2007, at 6:00 p.m. Present were Mayor Jeff Krauss, Cr.
Sean Becker, Cr. Jeff Rupp, Cr. Steve Kirchhoff, Cr. Kaaren Jacobson, City Manager Chris
Kukulski, Planning Director Andy Epple, Finance Director Anna Rosenberry, City Attorney Paul
Luwe, Deputy City Clerk Cynthia Jordan Delaney and Deputy City Clerk Stuart John Bernard
0:18:02 [ ] A. Call to Order - 6:00 PM – City Commission Meeting Room, City Hall, 411 East
Main Street
0:18:06 [ ] B. Pledge of Allegiance and Moment of Silence
0:18:47 [ ] Changes to the Agenda
City Manager Chris Kukulski updated the Commission on changes to the agenda.
0:20:14 [17:49:08] D. Consent
1. Authorize payment of claims (LaMeres)
2. Adopt Resolution 3995, 2007/08 Work Plan (Kukulski)
3. Adopt Resolution 3971 revising the Commission Rules of Procedure (Luwe)
4. Adopt Resolution 3993, Norton East Ranch Growth Policy Amendment (Sanford)
5. Approve beer & wine or liquor license renewal for calendar year 2007 (Neibauer)
6. Provisionally Adopt Ordinance No. 1690, Repeal of Chapter 2.72 of the Bozeman Municipal
Code pertaining to residency restrictions for city employees (Berg)
0:20:18 [ ] Public Comment
Mayor Krauss called for public comment on this item, there was none.
0:20:33 [18:07:33] Motion and Vote - It was moved by Cr. Becker and seconded by Cr. Rupp to
approve Consent items 1, and 4 – 6.
Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson and Mayor Krauss.
Those voting No being none.
The motion carried.
0:21:08 [18:07:39] Discussion - Rupp
0:21:21 [18:08:24] E. Public Comment - This is the time for individuals to comment on matters
falling within the purview of the Bozeman City Commission.
0:21:49 [18:09:56] F. Special Presentation - Update of Bozeman Police Department's downtown
bike and foot patrols (Tymrak)
Rich McLane presented the Update of Bozeman Police Department's downtown bike and foot
patrols.
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1:01:20 [18:46:08] G. Mayoral Proclamation – Proclaim the week of January 20 – January 27,
2007 as “Cowboys and Ranchers Heritage Week”
1:03:19 [18:47:20] H. Action Items
1:03:21 [18:47:23] 1. Unified Development Ordinance Text Amendments, #Z-06263, opened and
continued from January 16, 2007 (Saunders/Windemaker)
1:03:44 [18:48:04] Staff Report
Assistant Planning Director Chris Saunders presented the Staff Report
1:07:48 [18:48:32] Public Comment - Dave Crawford
Dave Crawford of 218 Lindley Place spoke of the code requirement for water features in
development.
1:47:38 [19:31:06] Motion and Vote - It was moved by Cr. Rupp and seconded by Cr. Kirchhoff
to approve application #Z-06263, Unified Development Ordinance Text Amendments, as
amended in the Commission memo of January 16, 2007, and as amended in the Commission
memo of January 22, 2007, with the amendment to Section 18.14.010 held in abeyance until a
final decision is made on the proposed Urban Mixed Use District.
Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson and Mayor Krauss.
Those voting No being none.
The motion carried.
1:48:37 [19:32:01] 2. Historic Preservation Advisory Board Appointment (Bristor)
1:49:12 [19:34:35] Motion and Vote - It was moved by Cr. Rupp and seconded by Cr. Kirchhoff
to appoint Ryan Olson as an “At-large” representative and transfer current member Jim Webster
to a “Neighborhood” representative position.
Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson and Mayor Krauss.
Those voting No being none.
The motion carried.
1:49:42 [19:35:19] 3. Community Alcohol Coalition Appointment (Bernard)
1:49:43 [19:35:49] Motion and Vote - It was moved by Cr. Becker and seconded by Cr. Rupp to
appoint Earle Langeland as a hospitality industry representative to the Community Alcohol
Coalition.
Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson and Mayor Krauss.
Those voting No being none.
The motion carried.
1:50:33 [19:37:36] 4. Senior Citizens Advisory Board Appointment (Bernard)
1:51:26 [19:37:59] Motion - It was moved by Cr. Kirchhoff and seconded by Cr. Rupp to appoint
Donna Dehn to the Senior Citizens Advisory Board.
1:53:30 [19:41:59] Vote
Those voting Aye being Crs. Becker, Rupp, Kirchhoff, and Mayor Krauss.
Those voting No being Jacobson.
The motion carried.
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1:53:47 [19:43:02] 5. Resolution 3987, creation of SILD #692 Baxter Meadows Phases 3 & 6
(Shannon)
1:54:06 [19:43:12] Staff Report
Director of Planning Anna Rosenberry presented the staff report.
1:57:39 [19:43:48] Public Comment - Tom Clark
Tom Clark spoke of the high cost of the assessment and lack of landowners in the subdivision yet.
2:01:12 [19:45:37] Motion and Vote - It was moved by Cr. Kirchhoff and seconded by Cr.
Jacobson to adopt Commission Resolution No. 3987 creating SILD #692 Baxter Meadows
Phases 3 & 6.
Those voting Aye being Crs. Jacobson, Kirchhoff, and Mayor Krauss.
Those voting No being Becker, Rupp.
The motion carried.
2:03:34 [19:48:08] Break
2:22:12 [19:48:34] 6. Update of Capital Improvement Plans Schedules for FY2008-2012
(Rosenberry) for
2:22:22 [19:48:46] Staff Report
Finance Director Anna Rosenberry presented the staff report
2:54:05 [20:37:18] Motion and Vote - It was moved by Cr. Jacobson and seconded by Cr. Becker
to approve the FY2008-2012 Building Inspection Fund,Street Maintenance Fund, Tree
Maintenance Fund Capital Improvement Plan.
Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson and Mayor Krauss.
Those voting No being none.
The motion carried.
2:55:31 [20:37:30] 7. Kagy Gardens - Annexation Extension Request from J. Smania (Epple)
2:55:37 [20:38:17] Staff Report
Planning Director Andy Epple presented the staff report.
3:01:06 [20:40:25] Applicant
Jerry Smania, an architect and landowner requested a 60 day extension for this annexation.
3:08:32 [20:47:03] Public Comment
Mayor Krauss called for public comment on this item, there was none.
3:10:50 [20:47:46] Motion - It was moved by Cr. Becker and seconded by Cr. Kirchhoff approve
the requested 60 day extension of preliminary annexation approval, to allow the applicant an
opportunity to work on a design scheme more compatible with the neighborhood, while
complying with the adopted Growth Policy for the area.
3:13:15 [20:51:00] Vote
Those voting Aye being Crs. Becker, Kirchhoff, Jacobson and Mayor Krauss.
Those voting No being Rupp.
The motion carried.
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3:13:53 [20:51:46] 8. Chief Joseph Middle School Public Informational Hearing, #Z-06295
(Epple)
3:14:41 [20:54:01] Staff Report
Planning Director Andy Epple introduced the Informational Hearing.
3:20:06 [20:58:20] Applicant
Jamie Lenon of Prugh & Lenon Architects presented the plan.
3:53:26 [21:21:06] Consent Item D2 (moved to H9) Resolution 3995 - 2007/08 Work Plan
4:08:51 [21:32:54] Mayor Krauss suspended the Rules of Procedure to extend the meeting past 10
PM.
4:17:36 [21:52:34] Motion and Vote - It was moved by Cr. Kirchhoff and seconded by Cr. Becker
to adopt Resolution 3995, 2007/08 Work Plan as amended
Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson and Mayor Krauss.
Those voting No being none.
The motion carried.
4:18:12 [21:56:17] Consent Item D3 (moved to H10) Commission Resolution 3971, Rules of
Procedure
4:53:14 [22:31:46] Motion and Vote - It was moved by Cr. Becker and seconded by Cr. Kirchhoff
to direct City Attorney to make changes in accordance with the Commission Discussion.
Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson and Mayor Krauss.
Those voting No being none.
The motion carried.
4:54:38 [22:33:43] FYI - Kukulski
Kukulski confirmed that the Commission wanted the Residency Ordinance as an action item.
4:54:52 [22:32:16] FYI - Semerau
Karen notified the Commission about the Thursday Webcast event about pandemic influenza local
government assistance.
4:56:04 [22:37:02] FYI - Krauss
Mayor Krauss thanked the Deputy City Clerk, Stuart John Bernard, for his service.
4:56:19 [22:37:17] FYI - Bernard
Deputy City Clerk notified the Commission of many FYI's.
5:02:26 [22:37:39] FYI - Becker
Cr. Becker asked the Commission to give staff direction to change the necessity ordinance.
5:04:58 [22:34:48] FYI - Rupp
Cr. Rupp asked to have veterans who raised funds for Veterans' Memorial Wall present at the next
Commission meeting to be thanked by the Commission for raising over $60,000.
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5:05:47 [22:35:06] J. Adjournment
______________________________
Jeffrey K. Krauss, Mayor
ATTEST:
______________________________________
Brit Fontenot, City Clerk
PREPARED BY:
______________________________________
Stuart John Bernard, Deputy City Clerk
Approved on ____________________.
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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: January 29, 2007
BACKGROUND: Section 7-6-4301 MCA states that no claim may be paid by the City until that
claim has been first presented to the City Commission. Claims presented to the City Commission have
been reviewed by the Finance Department to ensure that all proper supporting documentation has been
submitted, all required departmental authorized signatures are present, and that the account coding is
correct.
RECOMMENDATION: The City Commission approve the claims for payment.
FISCAL EFFECTS: The total amount of the claims to be paid is presented at the bottom of the
Expenditure Approval List.
ALTERNATIVES: As suggested by the City Commission.
Respectfully submitted,
Brian LaMeres, City Controller
Approved by:
Chris A. Kukulski, City Manager
Attachments: Expenditure Approval List
Report compiled on January 24, 2007
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Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Paul Luwe, City Attorney
Chris Kukulski, City Manager
SUBJECT: Ordinance 1692
MEETING DATE: Monday January 29, 2007
BACKGROUND: In August, our office, in response to an inquiry, contacted Plonk about placing drinks
and bottles of wine on the window sill for their customers sitting outside. Upon receipt of the letter, Plonk
immediately stopped their practice. The owner of Plonk requested the Commission to consider allowing
sidewalk cafes to serve alcohol. The Commission directed that an ordinance be prepared authorizing the
serving of alcohol at sidewalk cafés and that the request be reviewed by CAC (Community Alcohol
Coalition) with a recommendation to the Commission.
CAC has reviewed various drafts of this ordinance over the past four months. CAC unanimously
recommended approval of the attached ordinance. The owner of Plonk, Earle C. Langeland, worked very
closely with CAC on this ordinance and last week, by your action, was appointed to be a member of the
CAC.
Sidewalk cafes wishing to serve alcohol must apply for a permit from the Director of Public service and
must satisfy the requirements of this ordinance which include:
• Having an alcohol beverage license
• The sidewalk café area must be included the State license
• The liability insurance must include the sidewalk café area
• All food and beverages must be served and contained in the sidewalk café area
• Service of alcohol is limited to patrons sitting at tables in the sidewalk café area
• Alcohol can’t be served in paper products
• The server of alcohol must have received an approved alcohol server training
• The owner is responsible for policing the area
• No sale of alcohol after midnight and all containers of alcohol removed from area by midnight
• Sidewalk café area must be adjacent to the licensed building, provide adequate ingress and egress.
• The Café area must be delineated by a movable fence meeting certain requirements.
The ordinance does not provide a specific feet requirement between street and the sidewalk café area as
the Public Service Director can place restrictions she deems necessary to ensure safe passage of
pedestrians and vehicular traffic. This determination is best made at the time of application. CAC also
recommended that when the Municipal Infraction Ordinance is approved that a violation of this ordinance
be a municipal infraction with a first offense of $100 to $300 and a repeat offense of $100 to $500. You
will be considering the Municipal Infraction Ordinance this spring.
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RECOMMENDATION: The City Commission approve ordinance 1692.
FISCAL EFFECTS: No significant fiscal effects have been identified.
ALTERNATIVES: As may be recommended by the Commission.
Respectfully submitted,
___________________________ ____________________________
Paul J. Luwe, City Attorney Chris A. Kukulski, City Manager
Attachments: as
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ORDINANCE NO. 1692
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA PROVIDING THAT THE BOZEMAN MUNICIPAL
CODE BE AMENDED BY REVISING SECTION 12.22.020 AND 12.22.070 OF
SAID CODE; PROVIDING FOR THE PERMITTING OF SIDEWALK CAFES
SERVING ALCOHOL ON PUBLIC SIDEWALK.
BE IT ORDAINED by the City Commission of the City of Bozeman, Montana:
Section 1
That Section 12.22.020 of the Bozeman Municipal Code, so that BMC Section 12.22.020 shall
read:
“12.22.020 Definitions
For the purposes of enforcement of this chapter, the following definitions apply:
A. "Block face" means that portion of all city sidewalk fronting the streets along Mendenhall,
Main, and Babcock Streets and lying between avenues running in a north-south direction.
B. "Director" means the Director of Public Service and includes the Director’s authorized
representative.
C. "Encroachment" means any fixture or device including but not limited to a showcase, table,
bench, rack, handcart, pushcart, sign, or stall, which intrudes into or invades the public right of
way.
D. "Portable Sign" means any sign as defined by 18.65.020 which is set in the public right of way.
E. "Public Right of Way" means any area legally open to public use including but not limited to
public streets, sidewalks, roadways, highways, parkways, alleys, or parks as well as areas
surrounding and immediately adjacent to public buildings.
F. "Sidewalk" means all that area legally open to public use as a pedestrian public way between
the curb line and the legal building line of the abutting property.
G. “Sidewalk café” means any group of tables, chairs, benches, barriers or partitions, trash
containers and suitable decorative devices maintained upon any part of the public right-of-
way for use by an establishment with a valid food and drink permit in the sale to the public
of food, refreshments, and beverages of all kinds and is not a sidewalk vending cart.
G H. "Sidewalk Display" means any showcase, table, bench, rack, sign, stall, kiosk, or any other
fixture or device used for the purpose of displaying, exhibiting, carrying, transporting,
storing, selling, or offering for sale any food, beverage, goods, wares, merchandise, event,
or service upon a sidewalk.
H I ."Sidewalk Vending Cart" means any handcart, pushcart, stall, or any other mobile device that is
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used for the purpose of displaying, exhibiting, carrying, transporting, storing, selling, or
offering for sale any food, beverages, goods, wares, or merchandise upon a sidewalk.
I J."Special Event" means any occasion including but not limited to fairs, shows, exhibitions, city-
wide celebrations, and festivals taking place within a specifically defined area of the City of
Bozeman.”
Section 2
That Section 12.22.070 of the Bozeman Municipal Code, so that BMC Section 12.22.070 shall
read:
“12.22.070 Uses Permitted under this Chapter
A. It is the permittee’s responsibility to place any encroachments allowed under this chapter in a
manner which ensures safe pedestrian and vehicular travel. All items permitted pursuant to
this chapter shall be placed not less than two (2) feet from the curb, leave a minimum of five
(5) feet of sidewalk aisle clear and shall not interfere with vehicular sight triangles as set forth
in Title 18 of this code, and as necessary for safe vehicular traffic. Additionally, all
encroachments permitted under this chapter will be built and maintained in such a manner as
to ensure the safety of the public.
B. Permits may be issued under this chapter for the following uses:
1. Benches:
Any benches must be placed flush to the corresponding building and must
not project more than three (3) feet into the sidewalk.
2. Portable signs:
These signs must not exceed a height of five (5) feet or a width of three (3)
feet, placed adjacent and perpendicular to the corresponding building and
within four (4) feet of the business entrance;
3. Sidewalk Displays:
With the exception of kiosks, displays must be placed flush against the
building, must not exceed six (6) feet in height, and must be within four (4)
feet of the business entrance;
4. Kiosks:
kiosks must not exceed eight (8) feet in height and must be placed in a
manner so as not to interfere with free flow of pedestrian and vehicular
traffic;
5. Bike Racks:
Bike racks must not exceed a ten (10) bike capacity with five (5) bikes per
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side and be placed so the parked bikes run parallel with the street;
6. Sidewalk Vending Carts:
The Cart must be no more than three (3) feet wide, must be placed within
4.5 feet of the store face and may operate between 6:00 a.m. and 9:00 p.m.
or until sunset whichever occurs first. All signage must be attached to the
cart and shall not exceed 6 feet in length. The City, at its discretion and
upon request, may allow the use of a portable sign. Vending carts will be
allowed on Mendenhall, Main, and Babcock Streets only and not more than
one cart will be allowed per city block face.
7. Tables and chairs:
Tables used for the primary purpose of consuming food or beverages must
be no more than four (4) feet wide and set in a manner so that the chairs
shall not extend more than five (5) feet into the Right of Way;
8. Hanging pots:
Pots for flowers or other miscellaneous items may be hung from the rods
extending from the light poles only. The bottoms of all pots must not be
any lower than seven (7) feet and shall not block streets signs in any
manner;
9. Sidewalk Café serving alcohol:
a. All sidewalk cafes having an alcohol beverage license shall be
required to have staff of the establishments owning such sidewalk cafes
serve all food, alcohol and non-alcoholic beverages in the sidewalk cafe
area only. Service of alcohol beverages in all sidewalk cafes shall be
limited to persons seated at tables in the sidewalk cafe site. The serving
of alcohol shall be served in glasses and not in paper or plastic products.
Any person serving alcohol must have received alcohol server training
through a City approved training program.
b. The sidewalk café alcohol beverage license issued by the State of
Montana must include as part of the licensed premise floor plan the
sidewalk café area. Liability insurance required in BMC 12.11.0500B
will cover the sidewalk café area.
c. Each sidewalk cafe serving alcohol beverages shall be responsible for
policing the area of the sidewalk cafe to be sure that customers are of the
legal drinking age and that alcohol beverages are not removed from the
premises.
d. There shall be no sale of alcohol for consumption at a sidewalk cafe
after 12:00 A.M. (Midnight) until normal opening of business each day.
In addition, all containers of intoxicating beverages shall be removed
from the tables of the sidewalk cafe and the sidewalk cafe area by12:00
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A.M.
e. The sidewalk café area must be adjacent to the licensed building and
shall be enclosed, except for ingress and egress entry point, by a movable
fence approved by the Director of Public Service. The fence shall be:
(i). black or of a color that matches the adjacent building;
(ii). at least 4 feet in height; and
(ii). shall be of a design and quality that does not permit children or
other persons to crawl under the fence.
9 10. Miscellaneous items:
The Director of Public Service may permit other items as deemed
appropriate. The director shall place what restrictions the director deems
necessary to ensure the safe passage for pedestrian and vehicular traffic.”
Section 3
Repealer
All resolutions, ordinances and sections of the Bozeman Municipal Code and parts thereof in
conflict herewith are hereby repealed.
Section 4
Savings Provision
This ordinance does not affect the rights and duties that matured, penalties that were incurred or
proceedings that were begun before the effective date of this ordinance.
Section 5
Severability
If any portion of this ordinance or the application thereof to any person or circumstances is held
invalid, such invalidity shall not affect other provisions of this ordinance which may be given effect without
the invalid provisions or application and, to this end, the provisions of this ordinance are declared to be
severable.
Section 6
Effective Date
This ordinance shall be in full force and effect thirty (30) days after final adoption.
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PROVISIONALLY PASSED by the City Commission of the City of Bozeman, Montana, on the
first reading at a regular session thereof held on the 29th day January, 2007.
FINALLY PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, on second reading at a regular session thereof held on the _____ day of February, 2007.
_______________________________________
JEFFREY K. KRAUSS, Mayor
ATTEST:
_____________________________________
BRIT FONTENOT
City Clerk
APPROVED AS TO FORM:
___________________________________
PAUL J. LUWE
City Attorney
20
Commission Memorandum
Report compiled on January 24th 2007
REPORT TO: Honorable Mayor & City Commission
FROM: Andrew Epple, Planning Director
Chris Kukulski, City Manager
SUBJECT: Bozeman Certified Local Government Grant Application 2007-2008
MEETING DATE: Monday, January 29th 2007
BACKGROUND: This is a consent item for the Mayor’s signature on the Certified Local Government
Grant (CLG) Application for 2007-2008. The grant award will be in the amount of $4,031, unfortunately a
27% reduction from last year’s award due to a budget crisis in the Montana State Historic Preservation
Office. In the past the Montana SHPO has been able to grant more than the 10% requirement, but this is
not the case for this upcoming grant year.
Bozeman’s Certified Local Government Program allows the Historic Preservation Officer and Historic
Preservation Advisory Board to continue education programs about Bozeman’s significant history for the
community good. Largely, the grant award is used for Bozeman’s Preservation Days celebration, which is a
week-long event in May featuring guest speakers, historic tours, historic slideshows, etc.
RECOMMENDATION: That the City Commission approves the Mayor to sign the Certified Local
Government for 2007-2008.
FISCAL EFFECTS: The Department of Planning is not aware of any unresolved issues for the proposed
development at this time.
ALTERNATIVES: As suggested by the City Commission.
CONTACT: Please feel free to email Allyson Bristor at abristor@bozeman.net if you have any questions.
APPROVED BY: Andrew Epple, Planning Director
Chris Kukulski, City Manager
Attachments: CLG Grant Application & Submittal Materials
21
Memorandum
To: Historic Preservation Officers
From: Rolene Schliesman, CLG Coordinator
Melisa Kaiser Synness, Grant Manager
Date: 9 January 2007
Re: CLG Grant Application for 2007-2008
2007-2008 Schedule – Dates to Remember!
9 Jan 2007 Announcement of Funds
31 Jan 2007 CLG Proposals Due
9 Feb 2007 SHPO Mails CLG Agreements for Signatures
23 Mar 2007 Both Signed Agreements to SHPO
1 April 2007 12-Month Funding Cycle Begins
30 June 2007 1st Quarter Ends, Progress & Req. Payment Reports due w/n 30 days
30 Sept 2007 2nd Quarter Ends, Progress & Req. Payment Reports due w/n 30 days
31 Dec 2007 3rd Quarter Ends, Progress & Req. Payment Reports due w/n 30 days
31 Mar 2008 Funding Cycle Ends, Final Progress & Req. Payment Reports due w/n 30 days
Grant for 2007-2008:
We have distressing news. Because of a budgetary deficit at SHPO, we have had to make some tough decisions.
To offer the fairest solution, we are reducing each CLG budget equally from last year’s amount of $5,500 to
$4,031 for 2007-2008. This lesser amount equals the minimum federally required 10% pass-through to CLGs of
SHPO’s federal funding. In the past we have been able to grant more than our 10% requirement but this is no
longer the case.
There are various reasons for the cut, not the least of which is that the state has not lived up to its match to
federal funding for the historic preservation program. Moreover the most recent Montana Historical Society’s
financial audit reported that full indirect costs on the National Park Service grant were not being paid to the
state’s general fund and more has to be taken out. (See Montana Code Annotated 17-3-111) Finally, while
operations costs have increased steadily over recent years, our funding has not.
Cuts to the CLG program are only one of the measures that will need to be taken to cover this deficit. We are
terribly saddened by the news because the CLG program is one of the most effective outreach programs we have
at the Society. You are working on a daily basis to preserve Montana’s heritage, collect its history, and share its
wonders with your communities.
We promise to keep our eyes open for opportunities to restore and improve CLG funding.
Enclosed you will find the annual grant application and budget for certified CLGs. As of today, the Congress
and President have not appropriated federal dollars for our funding. We anticipate sub-granting $4,031 for each
CLG thus, create your budget using that amount for federal HPF dollars expected. Enclosed you will find the
annual grant application that MT SHPO offers for certified CLGs.
CLG Program Grant Application Due: 31 January 2007
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22
CLG Application Notes and CLG Reminders:
1. Manual is available at http://www.montanahistoricalsociety.org/shpo/clgmanual.asp
2. In the Scope of Work, please tie your tasks to your local government’s and/or historic preservation
commission’s Preservation Plan. If not, please explain why.
3. Please attach a list of the historic preservation board members, professional discipline or citizen membership,
terms (years beginning and ending) and contact information including email addresses if available.
4. We hope to see many HPOs and commissioners at the CLG training workshop which is likely to be in
conjunction with the Montana History Conference, likely in Helena (October 18-20, 2007).
5. Please review your local preservation planning document. Has it been updated, as required, in the past five
years?
6. Please continue submitting your meeting minutes with your progress reports. They have been very helpful.
No agendas are required.
7. Please look over your preservation bylaws, ordinances, and resolutions to help your commission in legal
compliance.
If you have any questions regarding this application, please contact us:
CLG Financial Inquiries:
Melisa Kaiser Synness
406-444-7768
mkaisersynness@mt.gov
CLG Program Inquiries:
Rolene Schliesman
406-444-7742
rschliesman@mt.gov
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23
Annual CLG Program Funding
We have 15 Montana communities enrolled in the CLG program. Each year we are required by the National
Park Service to pass-through at least 10% of our annual funding to CLGs. This coming year, we anticipate
allocating $60,460 (10%) to the CLGs. This is a reduction from last year, due to a budget crisis in SHPO.
Investment in the CLG program is not only a wise use of our funds but crucial to preservation efforts in our
state and we will continue to look for opportunities to increase CLG funding.
We stress public outreach in the CLG program. Please continue your outreach programs and develop new ones
to involve all ages in your community. Consider hosting a community roundtable to announce progress, events,
and awards for your local historical and cultural groups, local government officials, and the public. Consider
presentations to school groups. Consider hosting a historic wood windows workshop for homeowners in your
historic districts. Consider events for Historic Preservation Week. The possibilities are endless!
Please provide a copy of this correspondence to your CLG Board or Commission for their review and
assistance. We ask in the application form for the minutes of the meeting at which your application is
discussed or an alternate way in writing which documents how the Board/Commission provided you with
directions.
Guidelines for 2006-2007 CLG Grant Eligibility
CLG guidelines include the following:
1. CLG program grants must be matched on a 60/40 basis, cash or in-kind.
2. To qualify for the maximum 12-month funding level – $4,031 – CLGs must have a Historic Preservation
Officer working at least 80 hours per month, and the local historic preservation program must have an
established address, telephone number, and message retrieval system. (Hours may not be carried forward or
back into another month.)
3. Maximum grant amount of $4,031 can be used towards salaries or operating costs. Minimum match is
$2,687.
4. CLGs without a part-time Preservation Officer are eligible to apply for up to $1,500 for travel, training, and
general operational costs. Minimum match is $1,000.
5. CLGs must submit quarterly Progress Reports, including meeting minutes, and Request for payment reports
that meet reporting requirements and are delivered on time.
6. Unspent CLG funds revert to SHPO. Reverting funds may jeopardize a CLG’s future funding.
For more guidance on administering CLG funds in Montana, please refer to the Montana Certified Local Government
Manual, as well as the NPS Historic Preservation Fund Grants Manual.
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24
Certified Local Government
Grant Application
1 April 2007 to 31 March 2008
Application Deadline
31 January 2007
Montana State Historic Preservation Office
PO Box 201202
Helena, MT 59620-1202
(406) 444-7715
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25
2007-2008 GRANT APPLICATION
CERTIFIED LOCAL GOVERNMENT PROGRAM
Certified Local Government: City of Bozeman, Montana
Address: PO Box 1230, 20 East Olive Street, Bozeman, MT 59771
Contact Person: Allyson C. Bristor, AICP, Historic Preservation Officer
Period of Grant Request: 1 April 2007 to 31 March 2008
Scope of Work: The National Park Service asks we grant funds to CLGs for kinds and levels of work that reflect increasing
sophistication, skills, and roles by the Preservation Officers, in other words, tasks that reflect improvement in community thinking.
For this section, please itemize regular work duties (not including special projects) – products or projects starting or completing,
meetings to be attended, etc., and more specifically, ways in which the local program will grow and develop. Please tie your tasks to
your community’s Preservation Plan. If not, please explain. ( X Check if Scope of Work is continued on additional pages.)
The City of Bozeman’s Historic Preservation Officer (HPO) is a full-time employee (working 40+ hours per week) and
therefore qualifies for the maximum 2007-2008 Certified Local Government (CLG) Grant in the amount of $4, 031. The
established work program of the HPO consists of two primary roles: 1) sole City employee of the Bozeman Historic
Preservation Office and 2) City employee of the Bozeman Department of Planning & Community Development. The
time and energy expended for each role is evenly distributed among the HPO work agenda.
The following list of regular work duties are both preservation and planning oriented:
• Serve as Administrative Design Review Staff for all proposed exterior alterations/rehabilitations at properties
located within the Bozeman Neighborhood Conservation Overlay District, an overlay zoning district recognized
by the Bozeman Unified Development Ordinance (UDO), which encompasses the City’s nine National Register
Historic Districts; (Certificate of Appropriateness [COA] is issued upon Staff review and approval; approximately
266 total projects reviewed in 2006, a slight decrease from 2005, which had approximately 300 projects);
• Serve as Administrative Design Review Staff for all exterior signage proposals for properties within the Bozeman
Neighborhood Conservation Overlay District;
• Serve as Administrative Design Review Staff for all proposed interior alterations/rehabilitations for publicly
accessible properties recognized by the National Register of Historic Places;
• Present COA and/or other project proposals, which ask for a deviation(s) from the UDO, to the Bozeman City
Commission for final decision;
• Present COA and/or other project proposals to the Bozeman Design Review Committee (DRC) and Design
Review Board (DRB) for recommendations on final approval;
• Consult and inform Bozeman property owners on the Secretary of Interior’s Standards for Rehabilition guidelines
for exterior and interior alterations to historic properties;
• Perform “on-call” hours for the Bozeman Department of Planning;
• Implement zoning and subdivision provisions through the Bozeman UDO;
• Update and revise the Montana Historical & Architectural Inventory files, when alterations occur, for the
properties within the Bozeman Neighborhood Conservation Overlay District;
• Regularly attend monthly meetings of the Bozeman Historic Preservation Advisory Board (BHPAB) and serves as
the sole City staff liaison;
• Regularly attend monthly meetings and is a member of the Community Transportation Enhancement Program
(CTEP) Steering Committee;
• Regularly attend monthly meetings of the Story Mansion Task Force (SMTF) and serves as one City staff liaison;
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26
• Monitor the Save America’s Treasures grant for the T.B Story Mansion and submit project updates to the
National Park Service;
• Compose grant proposals and requests for historic preservation and/or planning project funding (including the
CLG program);
• Advises Montana State University (MSU) students through a variety of historic preservation and/or planning
internships and/or independent study projects;
• Conduct historic walking tours throughout Bozeman Historic Districts.
Products/Projects for the upcoming 2007-2008 CLG grant cycle:
• Continue to update information and text on the newly redesigned and reformatted BHPAB website
www.preservebozeman.org to establish an interactive neighborhood preservation portal that will contain a
community question & answer section, a preservation news/legislation section, a National Register property
database, etc., as a part of the Bozeman Preservation Office’s preservation advocacy and education mission;
BHPAB subcommittee created to make progress toward complete website;
• Correlate with Montana State University representatives as they move forward with the idea to adaptively reuse
the Story Mansion as the University’s Humanities Institute;
• Continue to develop educational presentations and workshops for Bozeman property owners, contractors and
real estate professionals (to explain the COA process required for properties within the Bozeman Neighborhood
Conservation Overlay District, the Secretary of Interior’s Standards for Rehabilitation, Tax incentives available for
income producing properties, etc.); included in this initiative is to send out a postcard mailing to all property
owners located within the Neighborhood Conservation Overlay District to inform them about the COA design
review process and to warn them that penalty fines will apply for work begun without COA approval and/or
building permit issuance (for work begun without COA approval and/or building permit);
• Work with the Bozeman Chamber of Commerce and the Gallatin County Historical Society to create NEW
walking tours (goal is to create a three total tours: Main Street, Southside Neighborhood, Northside
Neighborhood); the Chamber is paying the majority of the project, including printing costs, while the HPO and
Gallatin County are supplying the historic text and pictures; first brochure completed in 2006 for the Main Street
Historic District;
• Celebration of Bozeman Preservation Days May 7th – 13th 2007 (in correlation with the National Trust month’s
2007 theme);
• Celebration of Excellence of Historic Preservation Awards in May 2007 (counter with Preservation Days);
• Continue to educate the public on the Design Guidelines for Bozeman’s Neighborhood Conservation Overlay
District, and implement them as part of the required COA design review process;
• Continue to Correlate with Montana State University’s Facilities Department to create a university-level
preservation advisory board; as of now the BHPAB has a MSU subcommittee that is working toward this cause;
• Work with Renewable Technologies Inc. (RTI) on the initial scoping study of the future update to the Montana
Historical & Architectural Inventory files for properties within the Bozeman Neighborhood Conservation
Overlay District ; COA fines increased which will help to fund the actual update process;
• Correlate with Tracy Oulman, City Neighborhood Coordinator, in developing preservation advocacy activities for
established Bozeman neighborhood associations.
The BHPAB is fully recognized by the Bozeman Municipal Code (Chapter 2.80) and operates as one of several city
appointed advisory boards. Bozeman is highly successful in establishing a vibrant and effective partnership between local
preservation activities and the local government planning process. The future growth and develop of the Bozeman
Historic Preservation Office will be closely interrelated to the growth of Bozeman as a whole. As the number of proposed
alterations to Bozeman’s historic built environment drastically increase, it will be even more necessary for the HPO to
educate the public on the appropriate methods and procedures for historic rehabilitation and to avoid demolitions of
significant structures for pure economic gains. .
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27
BUDGET
4-1-2007 to
3-31-2008 Budget
Cash Amount Cash Source In-kind
Amount
In-kind Source Total
A. Salaries & Wages
(including Benenfits)
$36,186
$4,031
CI
F
$40,217
B. Office Rental
$150/month
CI
$1,800
C. Equipment
$32/month
CI
$384
D. Supplies &
Materials
General
$600
CI
$600
E. Postage
$750
CI
$750
F. Telephone
& Long Distance
G. Photocopy
H. Film Processing
I. Preservation
Commission
Advisory Board
(Hours x rate x number
of volunteers)
24 x $17.55 x
10
NP
$4,212
J. Volunteers
Hours X * rate X
number of volunteers.
K. Travel Mileage
In-state
Out-state
(Travel expenses
combined)
$750
$800
CI
CI
$1,550
L. Travel Meals
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28
(Travel expenses
combined)
M. Lodging (state rate)
$ 55.00 plus tax
X number of nights
N. Other Expenses
Subscriptions
Contracts
Advertising
Dues/
Certifications
$100
$1,100
$1,100
$100
CI
CI
CI
CI
$2,400
M. Total Expenses
$41,486
$4,031
CI
F
$2,184
$4,212
CI
NP
$51,913
SOURCE KEY:
F-Federal
CI-City
CO-County
NP- Private/Non-Profit
* Federally approved minimum rate for volunteers is $17.55 per hour.
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29
SOURCES OF REVENUE AMOUNT
Itemized Cash Match Source
City of Bozeman, Montana $41,486
Itemized In-Kind Match Source
City of Bozeman, Montana $2,184
Bozeman Historic Preservation Advisory Board $4,212
Federal HPF Grant Request from SHPO
National Park Service/SHPO $4,031
TOTAL REVENUE
$51,913
Certified Local Government
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30
Historic Preservation Commission Chairperson or President
Signature Date January 29th 2007
Name (typed) Michael Neeley
Address 1213 South 4th Avenue, Bozeman, MT 59715
Telephone 406-994-7195 (work) Email mneeley@montana.edu
************************************************************************
Certified Local Government
(The local government administrator may sign in addition to the Chief Elected Official.)
Signature Date January 29th 2007
Name (typed) Jeff Krauss
Title Mayor
Address PO Box 1230, Bozeman, MT 59771
Telephone 406-582-2321 Email jkrauss@bozeman.net
Certified Local Government
Historic Preservation Officer
Signature Date January 29th 2007
Name (typed) Allyson C. Bristor
Address PO Box 1230, Bozeman, MT 59771
Telephone 406-582-2260 Email abristor@bozeman.net
Please attach the minutes of the meeting at which your application is discussed or an alternate way in writing by which the
Board/Commission provides you with directions.
Please attach a list of the historic preservation board members’ names, professional discipline or citizen membership, terms
(years beginning and ending), and contact information.
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31
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Paul Luwe, City Attorney
Chris Kukulski, City Manager
SUBJECT: Ordinance 1691
MEETING DATE: Monday January 29, 2007
BACKGROUND: The ordinance amends BMC § 02.04.050 by eliminating the requirement of three
affirmative votes to reject any resolution, ordinance, motion, or other measure. This ordinance is being
brought before you per your direction at last week’s meeting.
RECOMMENDATION: The City Commission approve ordinance 1691.
FISCAL EFFECTS: No significant fiscal effects have been identified.
ALTERNATIVES: As may be recommended by the Commission.
Respectfully submitted,
___________________________ ____________________________
Paul J. Luwe, City Attorney Chris A. Kukulski, City Manager
Attachments: as
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ORDINANCE NO. 1691
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA PROVIDING THAT THE BOZEMAN MUNICIPAL
CODE BE AMENDED BY REVISING SECTION 2.04.050 OF SAID CODE;
PROVIDING FOR THE ELIMINATION OF THE REQUIREMENT OF THREE
AFFIRMATIVE VOTES TO REJECT ANY MOTION, RESOLUTION OR
ORDINANCE.
BE IT ORDAINED by the City Commission of the City of Bozeman, Montana:
Section 1
That Section 2.04.050 of the Bozeman Municipal Code, so that BMC Section 2.04.050 shall read:
“2.04.050 Voting. Three Commissioners shall constitute a quorum, and the affirmative vote of three
Commissioners shall be necessary to adopt or reject any motion, resolution, or ordinance, or pass any
measure, unless a greater number is provided for by law. Upon every vote, the ayes and nays shall be
called and recorded.”
Section 2
Repealer
All resolutions, ordinances and sections of the Bozeman Municipal Code and parts thereof in
conflict herewith are hereby repealed.
Section 3
Savings Provision
This ordinance does not affect the rights and duties that matured, penalties that were incurred or
proceedings that were begun before the effective date of this ordinance.
Section 4
Severability
If any portion of this ordinance or the application thereof to any person or circumstances is held
invalid, such invalidity shall not affect other provisions of this ordinance which may be given effect without
the invalid provisions or application and, to this end, the provisions of this ordinance are declared to be
severable.
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Section 5
Effective Date
This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY PASSED by the City Commission of the City of Bozeman, Montana, on the first
reading at a regular session thereof held on the 29th day January, 2007.
FINALLY PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman,
Montana, on second reading at a regular session thereof held on the _____ day of February, 2007.
_______________________________________
JEFFREY K. KRAUSS, Mayor
ATTEST:
_____________________________________
BRIT FONTENOT
City Clerk
APPROVED AS TO FORM:
___________________________________
PAUL J. LUWE
City Attorney
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Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Chris Kukulski, City Manager
SUBJECT: Resolution to accept and adopt the Bozeman Main Street and City-Wide
Signal Project
MEETING DATE: January 29, 2006
BACKGROUND: Each time the Montana Department of Transportation (MDT) expends
Federal aid funds within City limits, they ask the City of Bozeman to accept terms and conditions
and have a Resolution in place. The MDT project consists of the milling and overlaying on Main
Street from Grand Avenue to the east interchange. MDT will also do crosswalk treatments,
upgrade signals, do ADA compliance at several other Main Street intersections, and the
downtown business core signals will include countdown timers.
RECOMMENDATION: Approve Commission Resolution 3997, accepting and adopting
the City Construction Agreement for Main Street reconstruction.
FISCAL EFFECTS: None: this project is to be paid for by Montana Department of
Transportation
ALTERNATIVES: As suggested by Commission
Respectfully submitted,
____________________________________
Chris A. Kukulski, City Manager
43
COMMISSION RESOLUTION NO. 3997
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, ACCEPTING AND ADOPTING CITY CONSTRUCTION
AGREEMENT FOR MAIN STREET RECONSTRUCTION
WHEREAS, the State proposes to construct and/or reconstruct a certain highway in and through
the City, the construction being known as Federal Aid Project Nos. STPP 50-2(43)89 and CM-STPP
1299(14), and
WHEREAS, the construction will be over and upon MAIN ST. – BOZEMAN and CITYWIDE
SIGNALS – BOZEMAN, and
WHEREAS, the State desires to receive Federal funds to construct the highway, and
WHEREAS, the Federal Highway Administration (FHWA) of the U.S. Department of
Transportation will not participate in the construction until and unless the City aggrees to certain conditions,
hereinafter set forth, and
WHEREAS, this document must be duly executed and on record with the State and FHWA before
the work contemplated can be awarded to contract, and
WHEREAS, the City, hereby concurs in the designation of the highway which was designated
under Section 60-2-110, MCA, and
WHEREAS, the City desires to have the construction done, the City deeming it to be a valuable
and beneficial consideration,
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana, that the attached City Construction Agreement for State Maintained Route Main Street is hereby
accepted and adopted; and the City Manager of the City of Bozeman is hereby empowered and authorized to
execute said Agreement on behalf of the City of Bozeman.
44
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 29th day of January 2007.
__________________________________________
JEFFREY K. KRAUSS, Mayor
ATTEST:
________________________________________
BRIT FONTENOT
City Clerk
APPROVED AS TO FORM:
_________________________________________
PAUL J. LUWE
City Attorney
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Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Chris Kukulski, City Manager
SUBJECT: Authorization of City Manager to sign the Construction Agreement for
Main Street and Bozeman City-Wide Signal Project
MEETING DATE: January 29, 2006
BACKGROUND: The Construction Agreement for Main Street and Bozeman City-Wide signal
Project consists of the milling and overlaying on Main Street from Grand Avenue to the east
interchange. MDT will also do crosswalk treatments, upgrade signals, do ADA compliance at
several other Main Street intersections, and the downtown business core signals will include
countdown timers. The City Manager is asked to sign the Construction Agreement with the
authorization of the City Commission.
RECOMMENDATION: Authorize City Manager to sign the City Construction Agreement
for Main Street and Bozeman City-Wide Signal Project.
FISCAL EFFECTS: None:
ALTERNATIVES: As suggested by Commission
Respectfully submitted,
____________________________________
Chris A. Kukulski, City Manager
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Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Bob Murray, Project Engineer
Chris Kukulski, City Manager
SUBJECT: Durston Road 7th to 19th Project
MEETING DATE: 1/29/2007
BACKGROUND: Attached is a copy, of change order number 2 for the above referenced project.
The change order is for delays caused by utility conflicts and relocations along
the corridor; and for weather days when specification work could not proceed.
The change order increases the contract time by 25 days. There is no change in
the contract price with this change order. The final recommended time extension
for this change is reasonable and commensurate with the work involved.
RECOMMENDATION: Motion and vote to approve and authorize City Manager to sign the change
order.
FISCAL EFFECTS: None
ALTERNATIVES: Disapprove
Respectfully submitted,
_________________________________ ____________________________
Robert J. Murray Jr., Project Engineer Chris A. Kukulski, City Manager
Attachments: Change Order 2 &
Resolution 3994
Report compiled on 1/16/07
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COMMISSION RESOLUTION NO. 3994
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, APPROVING ALTERATION/MODIFICATION OF
CONTRACT WITH JTL GROUP, INC., BELGRADE, MONTANA.
WHEREAS, the City Commission did, on the 31st day of May 2006, authorize award of the bid
for the Durston Road 7th to 19th project, to JTL Group, Inc., Belgrade, 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 JTL Group, 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 Clerk of the Commission 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 29th day of January 2007.
__________________________________________
JEFFREY K. KRAUSS, Mayor
ATTEST:
________________________________________
BRIT FONTENOT, City Clerk
APPROVED AS TO FORM:
_____________________________________
PAUL J. LUWE, City Attorney
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Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: James Goehrung, Superintendent of Facilities
Chris Kukulski, City Manager
SUBJECT: Downtown Intermodal Facility Civil Work
MEETING DATE: January 29, 2007
BACKGROUND: In order to fully qualify for the federal transit funds earmarked for the
Downtown Parking Garage the Streamline bus system is now tied directly into the parking
garage. The current design calls for a formal transfer hub on the Mendenhall frontage of the
garage. The hub includes a covered waiting area for bus riders and street side modifications that
include a bus staging area and a pedestrian island to separate the passengers from the traffic
lanes.
The existing contract for engineering services stopped at the curb line. The transit stop will
require some addition survey and design work to integrate the transit features into the design.
The scope of work includes additional survey work to determine street elevations, geometric and
drainage designs of the revised sidewalk and bus lane, and the associated adjustments to the
street lighting, pedestrian lighting and landscape plan.
Attached is a contract with and estimated fee for services in the amount of $10,000.00. The
work will be done on a time and materials basis.
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RECOMMENDATION: Authorize the City Manager to sign the contract for additional
services with Morrison and Maiere, Inc. to address the transit component of the Downtown
Intermodal Facility.
FISCAL EFFECTS: Engineering services for this project are to be paid with both Tax
Increment dollars and the federal earmark from the Federal Transit Administration.
ALTERNATIVES: As suggested by the City Commission.
Respectfully submitted,
_________________________________ ____________________________
James Goehrung Chris A. Kukulski, City Manager
Superintendent of Facilities
Attachments:
Report compiled on January 23, 2007
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Report compiled on January 24, 2007
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Brian Krueger, Associate Planner
SUBJECT: Commission Resolution 3998, Resolution of Intent to Annex for the
Meadow Creek Phase III and IV, #A-06015
Consent Item
MEETING DATE: Monday, January 29, 2007
BACKGROUND: An annexation application was submitted for the annexation of 51 contiguous
acres located at 5530 Stucky Road. The application was described as the Meadow Creek Phase 3
Annexation. Subsequently, the applicant submitted an annexation application for an additional 10
acres contiguous to the proposed Meadow Creek Phase 3 annexation. The additional 10 acres was
described as the Raffety annexation. The applicant has requested that the two separate annexation
applications be combined into one application. The Meadow Creek Phase 3 application now
incorporates the Raffety property and will henceforth be described as the Meadow Creek Phase 3
and 4 Annexation. The proposed annexation is 61 acres in size.
UNRESOLVED ISSUES: No unresolved issues exist at this time.
RECOMMENDATION: The City Commission adopts Commission Resolution 3998, and direct
staff to bring back the staff report and the Resolution of Annexation, in regards to application #A-
06015. The public hearing is scheduled for February 26, 2007.
FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased
property tax revenues from annexation of the property, and costs from additional service demand.
ALTERNATIVES: As suggested by the City Commission.
CONTACT: Please email Brian Krueger at bkrueger@bozeman.net if you have any questions.
APPROVED BY: Andrew Epple, Planning Director
Chris Kukulski, City Manager
Attachments: Resolution of Intent to Annex (#3998)
Staff Report
Annexation Map
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COMMISSION RESOLUTION NO. 3998
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE
CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE
INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF
BOZEMAN, AND HEREIN MORE PARTICULARLY DESCRIBED, TO
EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO
INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE
LIMITS THEREOF.
WHEREAS, there has been presented to the City Commission of the City of Bozeman a written
application from Canvasback, LLC and the Mildred M. Raffety Trust., owners of the tracts sought to be
annexed herein, requesting the City Commission to extend the boundaries of the City of Bozeman so as to
include within the boundaries of the City of Bozeman, Montana, a certain contiguous tract of land lying at
approximately 5530 Stucky Road.
WHEREAS, the legal description of this contiguous tract, in the County of Gallatin, State of
Montana, is as follows:
Tract 1 and Tract 2 of Certificate of Survey No. 2122, and the N ½ of the E ½ of the NE ¼ of the
NW ¼ of Section 23, T2S, R5E, PMM in Gallatin County Montana as described in 151 FM 1183
and 20 FM 196.
WHEREAS, this tract contains 61± acres of land, more or less, along with and subject to all
existing easements of record or of fact; and
WHEREAS, the above-described tract is the subject of plats or Certificates of Survey, filed in
the office of the Gallatin County Clerk and Recorder's Office; and
WHEREAS, an annexation staff report will be prepared and submitted to the Commission; and
WHEREAS, the Commission will duly review and consider said written annexation staff
report; and
WHEREAS, prior to annexation, an agreement between the City and the owner of said tract
addressing issues that are in the best interests of the City of Bozeman, such as, but not limited to, rights of
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way, public street and utility easements, water rights or cash-in-lieu, waivers of right to protest creation of
Special Improvement Districts, impact fees, water and sewer hookup fees, sewer and water capacity
analysis, and traffic impacts to said contiguous tract and other parcels directly affected or impacted by this
annexation, shall be fully executed; and
WHEREAS, it will be in the best interests of the City of Bozeman and the inhabitants thereof
and of the inhabitants of the contiguous tract hereinbefore described to extend the boundaries of the City
of Bozeman so as to include said contiguous tract of land hereinbefore described within the corporate
limits of said City of Bozeman, Montana.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana:
Section 1
That it is hereby declared, subject to the condition that the provision of the services to the
contiguous tract hereinbefore described will be the subject of a mutual agreement between the City of
Bozeman and the real property owners of the tract, that it is in the best interests of the City of Bozeman
and the inhabitants thereof and of the inhabitants of said contiguous tract that the boundaries of said City
of Bozeman be extended so as to include the contiguous tract hereinbefore described within the
boundaries and corporate limits of the City of Bozeman, Montana.
Section 2
That the regular session of the Commission of the City of Bozeman, Montana, to be held in the
Community Room in the Gallatin County Courthouse on the 26th day of February 2007, at 6:00 p.m., is
hereby designated as the time and place at which comments in favor of or opposed to the annexation of
the property will be heard by the Commission.
Section 3
Pursuant to Section 7-2-4312, M.C.A., the City Clerk shall:
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a. Immediately notify in writing, addressed to the address to which tax notices
are sent, all owners and purchasers under contract for deed of the property
in said contiguous tract to be annexed; and
b. Cause a notice to be published in the Bozeman Daily Chronicle, the
newspaper nearest the parcel of land to be embraced within the corporate
limits and boundaries of the City of Bozeman, at least once a week for two
successive weeks.
Section 4
The notice to be given by the City Clerk shall be to the effect that such resolution has been duly
and legally passed, and that the City Clerk will receive written comments of approval or disapproval of
the proposed extension of the boundaries of the City of Bozeman from real property owners of the area
proposed to be annexed, and that the written comments, if any, must be filed with the City Clerk not later
than 5:00 p.m. 21st day of February, 2007.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 29th day of January, 2007.
____________________________________
JEFFREY K. KRAUSS, Mayor
ATTEST:
____________________________________
BRIT FONTENOT
City Clerk
APPROVED AS TO FORM:
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___________________________________
PAUL J. LUWE
City Attorney
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N O T I C E
NOTICE IS HEREBY GIVEN that at a regular session of the Commission of the City of
Bozeman held on the 29th day of January, 2007, Commission Resolution No. 3998 was duly and regularly
passed and adopted. Said Resolution is entitled:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE
CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE
INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF
BOZEMAN, AND HEREIN MORE PARTICULARLY DESCRIBED, TO
EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO
INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE
LIMITS THEREOF.
The 61± acres of real property, proposed for annexation by Canvasback, LLC. and the Mildred M. Raffety
Trust., lying at approximately 5530 Stucky Road, in the County of Gallatin, State of Montana, is legally
described as:
Tract 1 and Tract 2 of Certificate of Survey No. 2122, and the N ½ of the E ½ of the NE ¼ of the
NW ¼ of Section 23, T2S, R5E, PMM in Gallatin County Montana as described in 151 FM 1183
and 20 FM 196.
For a period of twenty (20) days following the first publication of this Notice, the City Clerk
will receive comments, in writing, of approval or disapproval of the proposed extension of the boundaries
of the City of Bozeman from the real property owner of the area proposed to be annexed. The deadline
for this written comment is 5:00 p.m. on the 21st day of February, 2007. In addition, a public hearing
shall be held on the 26th day of February, 2007 at 6:00 p.m. in the Community Room of the Gallatin
County Courthouse, at 311 West Main Street, Bozeman, Montana, for the purpose of hearing testimony in
support of or in opposition to the annexation of the above-described real property.
DATED this 30th day of January, 2007.
Publish: Thursday, February 1, 2007 ____________________________________
Thursday, February 8, 2007 BRIT FONTENOT
City Clerk
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MEADOW CREEK PHASE III AND IV ANNEXATION
CITY COMMISSION STAFF REPORT FILE NO. A-06015
Meadow Creek III and IV Staff Report, #A-06015 1
Item: Annexation Application #A-06015 requesting to annex 61.86 acres of land,
located at 5530 Stucky Road, to the corporate limits of the City of Bozeman.
Owners: Canvasback LLC
924 Stoneridge Drive, Suite 1
Bozeman, MT 59715
Mildred M. Raffety Trust
PO Box 371
Livingston, MT 59047
Applicant: Canvasback LLC
924 Stoneridge Drive, Suite 1
Bozeman, MT 59715
Representative: Madison Engineering, LLC
924 Stoneridge Drive, Suite 1
Bozeman, MT 59715
Date/Time: Acknowledge receipt of Staff Report and adopt Resolution of Intent to
Annex on Monday, January 29, 2007, at 6:00 p.m., and tentatively schedule
the public hearing for Monday, February 26, 2007, also at 6:00 p.m.
Report By: Brian Krueger, Associate Planner
Recommendation: Approval with the terms of annexation
PROJECT LOCATION & MAP
The subject property is located on the south side of Stucky Road at 5530 Stucky Road, and is legally
described as Tracts 1 and 2 of COS No. 2111 the N ½ of the E ½ of the NE ¼ of the NW ¼ of Section
23, T2S, R5E, PMM in Gallatin County Montana as described in 151 FM 1183 and 20 FM 196. The
property falls within the Gallatin County Bozeman Area Zoning District, and has a county zoning
designation of A-S (Agricultural Suburban District).
Please refer to the aerial photograph provided at the end of the staff report and to the following vicinity
map.
PROPOSAL AND BACKGROUND INFORMATION
The property owner and applicant, Canvasback, LLC proposes to annex the 51.27-acre subject property to
the corporate limits of the City of Bozeman and to establish a mix of initial municipal zoning designations
including: 41.19 acres of R-3 (Residential Medium Density District) and 10.08 acres of R-4 (Residential
High Density District). The purpose of the annexation and zone map
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Meadow Creek III and IV Staff Report, #A-06015 2
amendment request is to extend municipal water and sanitary sewer infrastructure to the property and
obtain public services (i.e., police and fire) in order to develop at urban densities as outlined in the
Bozeman 2020 Community Plan.
The subject property contains several existing buildings including a residence, and various outbuildings
such as an arena, barns and sheds. The property is crossed by several streams, ditches and stream/ditch
combinations. The property is currently used for agricultural uses and for a residence.
ZONING DESIGNATION & LAND USES
As previously noted, the applicants propose a Zone Map Amendment to establish a mix of initial
municipal zoning designations including R-3 and R-4.
The intent of the R-3 (Residential Medium Density District) is to provide for the development of one- to
five-household residential structures near service facilities within the City. It should provide for a variety of
housing types to serve the varied needs of households of different size, age and character, while reducing
the adverse effect of nonresidential uses.
The intent of the R-4 (Residential High Density District) is to provide for high-density residential
development through a variety of housing types within the City with associated service functions. This will
provide for a variety of compatible housing types to serve the varying needs of the community’s residents.
The net density, as defined in Chapter 18.80, BMC, for new developments shall be 8 dwellings per acre or
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Meadow Creek III and IV Staff Report, #A-06015 3
greater. Although some office use is permitted, it shall remain as a secondary use to residential
development. Secondary status shall be as measured by percentage of total building area.
The intent of the R-3 (Residential Medium Density District) is to provide for the development of one- to
five-household residential structures near service facilities within the City. It should provide for a variety of
housing types to serve the varied needs of households of different size, age and character, while reducing
the adverse effect of nonresidential uses.
The following land uses and zoning are adjacent to the subject property:
North: Undeveloped land, Montana State University, currently used for agriculture; zoned PLI
(Public Lands and Institutions District)
The intent of the PLI (Public Lands and Institutions District) is to provide for major public and
quasi-public uses outside of other districts. Not all public and quasi-public uses need to be
classified PLI. Some may fit within another district, however larger areas will be designated PLI.
South: Agricultural uses; zoned county A-S (Agricultural Suburban District)
East: Agricultural uses, zoned county A-S (Agricultural Suburban District); Genesis Business Park
zoned county R-O (Residential Office District)
West: Residential and agricultural uses; zoned county A-S (Agricultural Suburban District)
GROWTH POLICY DESIGNATION
The area that is subject to this application is assigned a Residential land use designation, as shown on the
Future Land Use Map in the City’s growth policy. The Residential designation is described as follows:
Residential. This category designates places where the primary activity is urban density living
quarters. Other uses which complement residences are also acceptable such as parks, low intensity
home based occupations, fire stations, churches, and schools. The residential designation also
indicates that it is expected that development will occur within municipal boundaries which may
require annexation prior to development. The dwelling unit density expected within this
classification varies. It is expected that areas of higher density housing would be likely to be
located in proximity to commercial centers to facilitate the broadest range of feasible
transportation options for the greatest number of individuals and support businesses within
commercial centers. Low density areas should have an average minimum density of six units per
net acre. Medium density areas should have an average minimum density of twelve units per net
acre. High density areas should have an average minimum density of eighteen units per net acre. A
variety of housing types should be blended to achieve the desired density with large areas of single
type housing being discouraged. In limited instances the strong presence of constraints and natural
features such as floodplains may cause an area to be designated for development at a lower density
than normally expected within this classification.
All residential housing should be arranged with consideration given to the existing character of
adjacent development, any natural constraints such as steep slopes, and in a fashion which
advances the overall goals of the Bozeman 2020 Community Plan. The residential designation is
intended to provide the principal locations for additional housing within the Planning Area.
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Meadow Creek III and IV Staff Report, #A-06015 4
The following growth policy designations are adjacent to the subject property:
North: Undeveloped land, Montana State University, currently used for agriculture, designated Other
Public Lands.
Other Public Lands. These areas are maintained by a variety of public agencies, chiefly
Montana State University. Although owned by the public, they may be leased or otherwise
utilized by private parties or government organizations and should not automatically be
considered as recreational lands. A variety of activities take place within these lands. If
they should transfer to private ownership an amendment to the growth policy should be
undertaken to determine the use which will be most advantageous to the community as a
whole. If these lands are utilized for agricultural purposes, annexation is not expected.
Development of these lands at densities greater than that allowed under Future Urban
should only occur after annexation.
West: Agricultural uses; designated Future Urban which is described as follows:
Future Urban. This category designates areas where development is considered to be
generally inappropriate over the 20 year term of the Bozeman 2020 Community Plan,
either because of natural features, negative impacts on the desired development pattern, or
significant difficulty in providing urban services. The Residential category contains
adequate area to accommodate over 200 percent of expected residential development over
the 20 year horizon of the Bozeman 2020 Community Plan. Development within the
Future Urban area would be generally disruptive to the desired compact urban land use
pattern depicted in the Plan. As Bozeman develops over time, it is expected that the City
would expand outward into areas previously designated as Future Urban. As the City’s
growth policy is updated from time to time, some areas currently classified as Future Urban
are expected to be reclassified to urban designations.
The land shown with a Future Urban designation is comprised of parcels in a variety of
different sizes, but typically in larger acreages. Suburban or rural density subdivisions
adjacent to the City may impede an orderly and cost effective expansion of the City. In
order to prevent such conflicts and problems in the future, use of land in the Future Urban
land use designation should follow one of three paths, which are listed in order of the
City’s preference:
1. Remain as currently utilized, until annexed and municipal services are available to
support a Residential or other urban land use category development as described in
this plan;
2. Develop at a density of a single dwelling per existing parcel, with consolidation of
smaller parcels into single ownerships for development being supported; or
3. If further subdivision is proposed, to develop at urban densities and standards with
provisions for connection to City services when they become available.
Annexation of most Future Urban areas is unlikely over the term of the Bozeman 2020
Community Plan and final authority to deny or approve development in County areas
shown with this designation remains with the County Commission. As Gallatin County
completes its own county-wide growth policy, additional and more detailed planning is
expected within the County zoning district surrounding the City. This more detailed level
of planning is expected to help identify areas that are preferred for, or inappropriate for,
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Meadow Creek III and IV Staff Report, #A-06015 5
development and give guidance to the County Commission in their review of individual
development proposals.
East: Vacant land, currently used for agriculture; designated Residential
Genesis Business Park; designated Business Park
West: Residential and agricultural uses; designated Future Urban
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Meadow Creek III and IV Staff Report, #A-06015 6
REVIEW CRITERIA
Resolution No. 3907 Goals
Goal 1: It shall be the goal of the City of Bozeman to encourage annexations of land
contiguous to the City.
The property in question is contiguous to City limits on the north and south east corner
boundaries.
Goal 2: The City shall seek to annex all areas that are totally surrounded by the City,
without regard to parcel size.
The 61.86-acre subject property is not totally surrounded by the City; however as more
properties in this area annex to the City, the subject property will likely become more
contiguous. The property will likely be totally surrounded in the future.
Goal 3: The City shall seek to annex all property currently contracting with the City for
services such as water, sanitary sewer and/or fire protection.
The applicant is not currently contracting with the City for any services. The applicant does
have a need to contract with the City for municipal services to develop the property at
residential urban densities.
Goal 4: It shall be the goal of the City of Bozeman to require annexation of all land
proposed for development lying within the service boundary of the existing sewer
system as depicted in the Bozeman Growth Policy, and to encourage annexations
within the urban growth area identified in the Bozeman Growth Policy.
The subject property lies within the 20-year sewer service boundary as depicted in the
newly adopted 2006 Bozeman Wastewater Facilities Plan.
The subject property lies within the Bozeman 2020 Community Plan planning boundary
and the “Capital Facilities Overlay District” (Figure 6-2). The “Capital Facilities Overlay
District” is intended to establish a priority area for development within the larger scope of
the Bozeman 2020 Community Plan future land use plan.. The “Capital Facilities Overlay
District” designates an area within the long-range growth area of the City where services
would be most efficiently provided in the near term and where development in the near
term would advance the goals of the 2020 Plan.
Resolution No. 3907 Policies
Policy 1: Annexations shall include dedication of all easements, rights-of-way for collector
and arterial streets, water rights, and waivers of right-to-protest against the creation
of improvement districts necessary to provide the essential services for future
development of the city.
The terms of annexation include the provision of public street and utility easements for
Stucky Road (45 feet), South 27th Avenue (45 feet) and Graf Street (45 feet). 45 ft. is one
half of the collector standard as shown in the Greater Bozeman Area Transportation Plan.
The terms of annexation also include waivers of right-to-protest against the creation of
improvement districts for park maintenance, street improvements, signalization
improvements, and trunk sewer mains and water mains.
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Meadow Creek III and IV Staff Report, #A-06015 7
The applicant will need to provide useable water rights, or an appropriate fee in lieu, based
on the zoning designations assigned to the property. Since this annexation is larger than 10
acres in size, the water rights will be due prior to final plat approval, final site plan approval
or the issuance of any building permit, whichever occurs first provided the applicant
executes a promissory note or other appropriate document to the City.
Policy 2: Issues pertaining to master planning and zoning shall be addressed in conjunction
with the application for annexation.
a. The initial application for annexation shall be in conformance with the
current Bozeman Growth Policy. If a Growth Policy Amendment is
necessary to accommodate anticipated uses, said amendment process may
be initiated by the applicant and conducted concurrently with the
processing for annexation.
The proposed annexation is in conformance with the current Bozeman Growth
Policy. The Land Use Plan Element of the Bozeman 2020 Community Plan now
designates this property to develop as Residential.
b. Initial zoning classifications of the property to be annexed shall be
determined by the City Commission, in compliance with the Bozeman
Growth Policy and upon a recommendation of the City Zoning Commission,
prior to final annexation approval.
The applicant has applied for a Zone Map Amendment to establish a mix of initial
municipal zoning designations including: 21.86 acres of R-4 (Residential High
Density District), 41 acres of R-3 (Residential Medium Density District). The
Zoning Commission will conduct a public hearing on the Zone Map Amendment
application on Tuesday, February 6, 2007. A resolution and minutes will be
forwarded to the City Commission for the February26 , 2007 public hearing.
c. The applicant may indicate his or her preferred zoning classification as part
of the annexation application.
The applicant and owner have indicated that they prefer a mix of zoning
designations including R-3 and R-4.
Policy 3: Fees for Annexation procedures shall be established by the City Commission. No
fee will be charged for any City-initiated annexation.
The appropriate review fees accompanied the application.
Policy 4: It shall be the general policy of the City that annexations will not be approved
where unpaved county roads will be the most commonly used route to gain access
to the property.
The property proposed for annexation fronts Stucky Road, which is paved and designated
as a collector in the Greater Bozeman Area Transportation Plan 2001 Update. The other
main entrance to the annexation will be from Graf Street which was improved as part of
the initial phases of the Meadow Creek subdivision. The Annexation Agreement will
include notice that prior to future development, the applicant will be responsible for
installing any facilities required to provide full municipal services to the property in
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Meadow Creek III and IV Staff Report, #A-06015 8
accordance with the City of Bozeman’s facility plans and all City policies that may be in
effect at the time of development.
Policy 5: Prior to annexation of property, it shall be the policy of the City of Bozeman to
acquire usable water rights, or an appropriate fee in lieu thereof, equal to the
average annual diversion requirement necessary to provide the anticipated average
annual consumption of water by residents and/or users of the property when fully
developed on the basis of the zoning designation(s). The fee may be used to
acquire water rights or for improvements to the water system which would create
additional water supply capacity. This policy may be subject to the following
exceptions:
a. For any annexation in excess of ten acres, it shall be carried out prior to final
plat approval, final site plan approval or the issuance of any building
permits, whichever occurs first, provided that the applicant executes a
promissory note or other appropriate document acceptable to the City.
The applicant will need to provide useable water rights, or an appropriate fee in
lieu, based on the zoning designations assigned to the property. Since this
annexation is larger than 10 acres in size, the water rights will be due prior to final
plat approval, final site plan approval or the issuance of any building permit,
whichever occurs first provided the applicant executes a promissory note or other
appropriate document to the City.
b. For any annexation or portion thereof proposed for use as a church as that
term is defined in the Bozeman zoning ordinance, the R-1, Residential
Single-Family, Low Density District shall be used in place of the property’s
zoning designation for calculating the water requirement. If the use
changes from a church at any time in the future, the owner of the property
will enter into a separate agreement providing that, at the time of the
change, the owner or successor shall supply any additional water rights or
fees which might be due, based on the actual zoning designation at the time
of the change.
This policy is not applicable to this annexation.
Policy 6: Infrastructure and emergency services for an area proposed for annexation will be
reviewed for the health, safety and welfare of the public. If it is found that adequate
services cannot be provided to ensure public health, safety and welfare, it shall be
the general policy of the City to require the applicant to provide a written plan for
accommodations of these services, or not approve the annexation. Additionally,
annexation proposals that would use up infrastructure capacity already reserved for
properties lying either within undeveloped portions of the City limits or lying
outside the City limits but within the identified sewer or water service area
boundaries, shall generally not apply.
The DRC has found that adequate services can be provided to the subject property. The
Annexation Agreement will contain provisions that discuss the developer’s responsibility
for extending the necessary services (water, sewer, streets, storm water facilities, etc.) to the
site under consideration.
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Meadow Creek III and IV Staff Report, #A-06015 9
Policy 7: It shall be the general policy of the City of Bozeman to require annexation of any
contiguous property for which city services are requested or for which city services
are currently being contracted.
No City services are currently being contracted. With development of the property,
municipal infrastructure will be extended to the site by the developer for the purpose of
developing the property at urban residential densities. The terms of annexation specify that
the existing structures will be required to connect to City water and sewer services upon
annexation and the availability of services. The terms further specify that prior to
development the applicant will be responsible for installing any facilities required to
provide full municipal services to the property in accordance with the City of Bozeman’s
infrastructure master plans and all City policies that may be in effect at the time of
development.
Policy 8: The annexation application shall be accompanied by mapping to meet the
requirements of the Director of Public Service.
Mapping to meet the requirements of the Director of Public Service must be provided with
the Annexation Agreement. Typically, this includes an 18-inch x 24-inch mylar map, a
reduced 8½-inch by 11 or 14-inch annexation map exhibit, and a digital copy containing
the metes and bounds legal description of said property. Mapping requirements are
addressed in the terms of annexation.
Policy 9: It shall be the policy of the City of Bozeman to assess a system
development/impact fee in accordance with Chapter 3.24, Bozeman Municipal
Code, and in accordance with the Bozeman Growth Policy and other policies as
they are developed.
The terms of annexation require the existing home, and any other structures that would
normally be connected to water and sewer services, to be either removed from the
property or to be connected to municipal water and sewer upon annexation and availability
of services. Water and sewer impact fees will be required from the landowners or
successors upon connection. The landowners or successors must pay all street and fire
impact fees for any existing structures upon annexation.
At the time of any further development on the properties, the land owners or their
successors shall pay all additional impact fees required by Chapter 3.24, Bozeman
Municipal Code.
Policy 10: Public notice requirements shall be in compliance with Montana Code Annotated.
In addition, notice shall be posted in at least one conspicuous location on the site
in question, and mailed to all owners of real property of record within 200 feet of the
site in question using the last declared county real estate tax records, not more than
45 days nor less than 15 days prior to the scheduled action to approve or deny the
annexation by the City Commission, specifying the date, time and place the
annexation will be considered by the City Commission. The notice shall contain
the materials specified by Section 18.76.020.A, BMC. In addition, where a
commonly identifiable street address is not visible on the property to be annexed,
the notice shall provide a map of the area in question so as to indicate its general
location and proximity to surrounding properties.
Notices of the public hearing have been sent, posted on the site, and published as set forth
under this policy.
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Policy 11: Annexation agreements shall be executed and returned to the City within 60 days of
distribution of the annexation agreement, unless another time period is specifically
identified by the City Commission.
This policy is specified in the recommended terms of annexation.
Policy 12: When possible, the use of Part 46 annexations is preferred.
The subject property is currently used for agricultural operations. Therefore, state law
prohibits the use of a Part 46 annexation procedure in this instance.
AGENCY REVIEW
The Planning Department has requested written summary-review comments from the Bozeman
Development Review Committee and other applicable review agencies regarding the request for
annexation. Comments received as of the writing of this Staff Report have been outlined above according
to the goals and policies of City Commission Resolution No. 3907. Additional comments and/or
recommendations received prior to consideration of this request for annexation by the City Commission
will be forwarded to the governing body.
PUBLIC COMMENT
No public comment has been received to date. Any comments received after the writing of the Staff
Report will be distributed to Commissioners at the public hearing.
STAFF RECOMMENDATION
Should the City Commission choose to accept the request for annexation, the Development Review
Committee has recommended that the following terms of annexation be addressed prior to acknowledging
the Annexation Agreement and formal annexation of said property:
1. 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.
2. 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.
3. 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.
4. That at the time of any new development on the property, fire, street, water and wastewater impact
fees will be assessed.
5. 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
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accordance with the City’s infrastructure Master Plan and all city policies and guidelines that may be in
effect at the time of development.
6. An Annexation Map, titled “Meadow Creek Phase III Annexation Map” with a legal description of
the property and adjoining rights-of-way and/or street access easements 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 map must be acceptable
to the Director of Public Services and City Engineer’s Office, and shall be submitted with the signed
Annexation Agreement.
7. That the applicant executes all contingencies and terms of said Annexation Agreement with the
City of Bozeman within sixty days (60) of distribution of the annexation agreement unless another time
period is specifically identified by the City Commission.
8. Applicant shall provide and file with the County Clerk and Recorder's office executed Waivers of
Right to Protest Creation of SIDs for the following:
A. Street improvements including paving, curb/gutter, sidewalk and storm drainage facilities for
the following streets:
a. South 27th Ave.
b. Stucky Road
c. Graf Street
d. Fowler Avenue
e. South 19th Ave.
B. Signalization Improvements for the following intersections:
a. Kagy Boulevard/19th Avenue
b. Stucky Road/19th Avenue
c. Graf Street/19th Avenue
d. Stucky Road/Fowler Avenue
e. Graf Street/South 27th Avenue
f. Graf Street/Fowler Avenue
C. Trunk Sewer and Water mains to serve 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.
9. The owner shall provide a public street and utility easement for South 27th Ave., and Graf Street.
The easement shall be 45 feet wide for both, which is one half of the collector standard as shown in the
Greater Bozeman Area Transportation Plan.
10. The owner shall provide a public street and utility easement for Stucky Road. The easement shall
be 45 feet wide, which is one half of the collector standard as shown in the Greater Bozeman Area
Transportation Plan.
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Meadow Creek III and IV Staff Report, #A-06015 12
11. Upon annexation and availability of services, the existing structures shall either be connected to
municipal services or removed from the site
SUMMARY & CONCLUSION
The Planning Department, Development Review Committee, and other local review agencies have
reviewed the request for annexation and have provided the above comments as they relate to the Goals
and Policies set forth in Commission Resolution No. 3907. Should the City Commission choose to
proceed with the request for annexation, the Planning Department recommends that the terms of
annexation listed in this Staff Report be addressed prior to acknowledging the Annexation Agreement and
formal annexation of said property.
Report sent to: Canvasback, LLC, 924 Stoneridge Drive, Suite 1, Bozeman, MT 59718
Madison Engineering., 924 Stoneridge Drive, Suite 1, Bozeman, MT 59718
Mildred M. Raffety Trust, PO Box 371, Livingston, MT 59047
Attachments: Annexation Map
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Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: John Van Delinder-Street/Forestry Superintendent
SUBJECT: Bid award for Aerial Platform Bucket Truck
MEETING DATE: January 29, 2007 CONSENT AGENDA
BACKGROUND: This piece of equipment would replace a 1984 Bucket Truck. This is a scheduled
replacement of a 20+ year old truck. With the improvements in technology and performance this
equipment would increase efficiency and productivity. When bid, we asked for a trade in price and only
$3000.00 was offered for our trade in. Only one bid was submitted. We will sell the 1984 unit on the
State of Montana’s Auction web site. Pricing comparable equipment in our area we have found that it
should sell for somewhere around $10,000. However there is no guarantee.
RECOMMENDATION: Award bid to Terex Utilities West of Seattle Washington for the
amount of $129,486.00. This is $9,486 more than the $120,000.00 that was budgeted. We
feel we can recoup most if not all of the difference by selling our old unit thru the State.
FISCAL EFFECTS: Replacing equipment every 20 years is our goal. This schedule maximizes use
before downtime exceeds the amount of time the unit can be used. Some repair parts on this truck have
been discontinued making some repairs not possible. This truck is gasoline powered. The new truck
would be diesel using alternative fuels such as BioDiesel which has fewer emissions. Fuel mileage would
be at least 50% higher. These are in line with Commission goals.
ALTERNATIVES:
1. To continue to use the older truck when it is functional.
2. Continue to use older less fuel efficient truck.
3. As recommended by the City Commission.
Respectfully submitted,
_________________________________ ________________________
John Van Delinder, Street/Forestry Superintendent Chris Kukulski, City Manager
Attachments: none
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Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Brian Heaston, Project Engineer
Chris Kukulski, City Manager
SUBJECT: Public Access & Water Pipeline Easements – Remington Square
MEETING DATE: January 29, 2007 Consent Agenda
BACKGROUND: Partially executed easements documents between Richard N. Stefani and
the City of Bozeman are attached for a public access easement and water
pipeline easement. These easements will provide public access and allow
the construction of a public water main within the Remington Square
development situated on Lots 2 & 3, Block 1, of the Correction Plat of
Kagy Crossroads Subdivision Subdivision. Engineering staff has
reviewed the documents and has found them acceptable.
RECOMMENDATION: Staff recommends the City Commission make a motion authorizing
the City Manager to sign the easements.
FISCAL EFFECTS: N/A
ALTERNATIVES: None recommended.
Respectfully submitted, Approved by:
Brian Heaston Chris A. Kukulski
Project Engineer City Manager
Attachments: Public Access Easement
Water Pipeline and Access Easement and Agreement
Report compiled on January 17, 2007
cc: Project File
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Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Bob Murray, Project Engineer
Chris Kukulski, City Manager
SUBJECT: Mandeville Farm Industrial Subdivision
MEETING DATE: 1/29/07
BACKGROUND: Attached is a copy of the partially executed Agreement with Great West
Engineering for Professional Surveying Services for Mandeville Farm Industrial Subdivision.
The document is in the City’s standard format. At this time, the agreement only includes taking the
project through the preapplication stage in order to better define the scope of the project for the
subsequent phases. Following the preapplication hearing before the commission, an amendment will be
prepared to take the project through the remaining phases. The proposed fee of $38,700 appears to be
commensurate with the project complexity.
RECOMMENDATION: Authorize City Manager to sign.
FISCAL EFFECTS: This project is being coded against the Mandeville TIF District.
ALTERNATIVES: As suggested by the City Commission.
Respectfully submitted,
_________________________________ ____________________________
Robert J. Murray Jr., Project Engineer Chris A. Kukulski, City Manager
Attachments: Professional Services Agreement
Report compiled on 1/17/2007
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Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Chris Saunders, AICP, Assistant Director
SUBJECT: IFCR-0602, Rouse Ave/Griffin Drive traffic signal
MEETING DATE: Monday, January 29, 2007
BACKGROUND: The City has adopted an impact fee program to fund necessary infrastructure.
The Capital Improvements Program (CIP)allocates funds to individual projects. The FY 2007 CIP
specified funding for intersection control reconstruction at the intersection of N. Rouse Avenue and
Griffin Drive. This is an intersection of a collector and arterial street. Several approved and pending
developments in the area require capacity expansion at this intersection prior to moving to
completion.
A request has been received for impact fee credits. A private developer has proposed to complete
the necessary work and wishes to be compensated for the work. This request is consistent with the
adopted impact fee program, Chapter 3.24, BMC. The specific section addressing credit for work
done is Section 3.24.100, BMC. Plans and estimated costs have been submitted and reviewed. The
work appears adequate. The final credit awarded will be based upon actual costs supported by
documented expenditures. The signal layout is shown on Sheet E-6.
UNRESOLVED ISSUES: None
RECOMMENDATION: The City Commission approve application #IFCR-0602 with the
conditions listed below.
1. The credit will be paid as a single amount.
2. The final value of the credit will not be determined until final project costs are available. A
preliminary credit value of $307,272 has been identified based upon an engineer’s estimate.
3. No credits will be available until the project is completed and accepted and final costs for the
project are provided to and accepted by the City.
4. The applicant shall agree in writing to the above listed conditions of approval prior to the credits
becoming effective.
FISCAL EFFECTS: The City will expend a defined quantity of funds. The money was collected
for this purpose and the work has been identified as desirable by the City.
ALTERNATIVES: As suggested by the City Commission.
CONTACT: Please email Chris Saunders at csaunders@bozeman.net if you have any questions
prior to the public meeting.
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APPROVED BY: Andrew Epple, Planning Director
Chris Kukulski, City Manager
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TRAFFIC SIGNAL COST ESTIMATE
PROJECT:Legends at Bridger Creek II LOCATION:Rouse Avenue/Griffin Drive
MADE BY:
DATE:25-Jan-07 JOB NO.:
ITEM #DESCRIPTION UNIT QTY UNIT PRICE AMOUNT
1 SIGNAL STANDARD TYPE 3-A-900 EA 1 $5,250.00 $5,250.00
2 SIGNAL STANDARD TYPE 2-A-900 EA 3 $4,700.00 $14,100.00
3 MAST ARM POLE FOUNDATION EA 4 $2,000.00 $8,000.00
4 TYPE PPB STANDARD/FOUNDATION EA 3 $400.00 $1,200.00
5 SIG STANDARD TYPE 1-100 EA 1 $700.00 $700.00
6 SIG STANDARD TYPE 1-120 EA 1 $800.00 $800.00
7 SIGNAL CONTROLLER EA 1 $16,000.00 $16,000.00
8 CONTROLLER FOUNDATION EA 1 $1,200.00 $1,200.00
9 ELEC. SERV. CAB./FOUND. (TYPE E)EA 1 $3,000.00 $3,000.00
10 CONVENTIONAL SIGNAL HEAD - 3 SEC EA 12 $1,200.00 $14,400.00
11 CONVENTIONAL SIGNAL HEAD - 4 SEC EA 1 $1,720.00 $1,720.00
12 NEON PEDESTRIAN SIGNAL HEAD EA 8 $600.00 $4,800.00
13 PED. PUSHBUTTON ASSEMBLY W/SIGN EA 8 $386.25 $3,090.00
14 OPTICOM SENSOR EA 2 $1,200.00 $2,400.00
15 LUMINAIRE POLE/ARM EA 1 $2,000.00 $2,000.00
16 LUMINAIRE ASSEMBLY-400 W EA 1 $425.00 $425.00
17 DETECTOR VIDEO EA 3 $7,500.00 $22,500.00
18 YAGI ATTENNA EA 1 $700.00 $700.00
19 PULL WIRE LF 1000 $0.10 $100.00
20 COAXIAL CABLE - VIDEO DETECTION LF 815 $5.00 $4,075.00
21 CABLE - 3CS OPTICOM LF 815 $1.75 $1,426.00
22 CABLE - 15/C #14 AWG LF 1030 $3.50 $3,605.00
23 CABLE - 7/C #14 AWG LF 465 $1.20 $558.00
24 CABLE - 3/C #14 AWG LF 1972 $1.50 $2,958.00
25 CABLE - #10AWG GROUND LF 690 $1.00 $690.00
26 CABLE - #8 AWG ILLUMINATION LF 945 $2.00 $1,890.00
27 CABLE - #6 AWG LF 200 $1.50 $300.00
28 JUNCTION BOX TYPE 2 EA 4 $600.00 $2,400.00
29 JUNCTION BOX TYPE 3 EA 2 $800.00 $1,600.00
30 SUBTOTAL SIGNAL SYSTEM $121,887.00
31 TRAFFIC CONTROL LABOR HRS 100 $22.00 $2,200.00
32 REMOVE PAINT STRIPE LF 0 $1.00 $0.00
33 PAINT STRIPE, 4-INCH WHITE GAL 7 $30.00 $210.00
34 PAINT STRIPE, 4-INCH YELLOW GAL 6 $30.00 $180.00
35 PAINT STRIPE, WHITE EPOXY GAL 9 $65.00 $585.00
36 PAINT STRIPE, LETTERS WHITE EPOXY GAL 6 $360.00 $2,160.00
37 PAINT STRIPE, CURB YELLOW EPOXY GAL 1 $200.00 $200.00
38 PVC CONDUIT, 2"LF 500 $15.00 $7,500.00
50 PVC CONDUIT, 3"LF 500 $20.00 $10,000.00
51 TRENCH AND BACKFILL LF 1000 $10.00 $10,000.00
52 REMOVE MISCELLANEOUS TRAFFIC ITEMS LS 1 $1,500.00 $1,500.00
53 PERMANENT SIGNING, (4) SNS LS 1 $5,000.00 $5,000.00
54 TEMPORARY CONST. SIGNING, (4) W3-3 LS 1 $500.00 $500.00
55 FORCE ACCOUNT EST $5,000.00 $0.00
56 PAVEMENT REMOVAL SY 300 $2.00 $600.00
57 HYDRATED LIME TON 0 $120.00 $0.00
58 DUST PALLIATIVE TON 0 $112.85 $0.00
59 CRUSHED AGGREGATE COURSE TON 100 $25.00 $2,500.00
60 PLANT MIX SURFACING GRADE D TON 60 $75.00 $4,500.00
61 CURB AND GUTTER LF 300 $21.50 $6,450.00
62 SIDEWALK INCL CURB RAMPS SY 250 $60.00 $15,000.00
63 SUBTOTAL - OTHER $69,085.00
64 SURVEY & DESIGN ENGINEERING $40,000.00
65 SUBTOTAL - CONSTRUCTION ESTIMATE $190,972.00
66 MOBILIZATION 10%$19,100.00
67 CONTINGENCY 15%$28,600.00
68 CONSTRUCTION ADMINISTRATION 15%$28,600.00
68 TOTAL CONSTRUCTION ESTIMATE $307,272.00
1/25/2007 10:55 AM PAGE 1 GRIFFIN SIGEST01-25-07
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Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Chris Saunders, AICP, Assistant Director
SUBJECT: IFCR-0603, N Rouse Ave/Oak Street traffic signal
MEETING DATE: Monday, January 29, 2007
BACKGROUND: The City has adopted an impact fee program to fund necessary infrastructure.
The Capital Improvements Program (CIP)allocates funds to individual projects. The FY 2007 CIP
specified funding for intersection control reconstruction at the intersection of N. Rouse Avenue and
Oak Street. This is an intersection of a collector and arterial street. An approved development in the
area requires capacity expansion at this intersection prior to moving to completion. This project will
also advance ability to redevelop in the northeastern portion of the community and is part of the
Cedar Street connection.
A request has been received for impact fee credits. A private developer has proposed to complete
the necessary work and wishes to be compensated for the work. This request is consistent with the
adopted impact fee program, Chapter 3.24, BMC. The specific section addressing credit for work
done is Section 3.24.100, BMC. Plans and estimated costs have been submitted and reviewed. The
work appears adequate. The final credit awarded will be based upon actual costs supported by
documented expenditures. The signal layout is shown on Sheet E-6.
UNRESOLVED ISSUES: None
RECOMMENDATION: The City Commission approve application #IFCR-0603 with the
conditions listed below.
1. The credit will be paid as a single amount.
2. The final value of the credit will not be determined until final project costs are available. A
preliminary credit value of $342,300 has been identified based upon an engineer’s estimate.
3. No credits will be available until the project is completed and accepted and final costs for the
project are provided to and accepted by the City.
4. The applicant shall agree in writing to the above listed conditions of approval prior to the credits
becoming effective.
FISCAL EFFECTS: The City will expend a defined quantity of funds. The money was collected
for this purpose and the work has been identified as desirable by the City.
ALTERNATIVES: As suggested by the City Commission.
CONTACT: Please email Chris Saunders at csaunders@bozeman.net if you have any questions
prior to the public meeting.
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APPROVED BY: Andrew Epple, Planning Director
Chris Kukulski, City Manager
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Commission Memorandum
REPORT TO: Honorable Mayor and City Commissioners
FROM: Anna Rosenberry, Finance Director
Chris Kukulski, City Manager
SUBJECT: Update of CIP Schedules for FY2008-2012 for:
Vehicle Maintenance Fund
Street Impact Fee Fund
MEETING DATE: January 29, 2007
BACKGROUND: Last week began our update of the schedules and projects included in the
City’s Capital Improvements Plan. This week we continue that process by reviewing the Vehicle
Maintenance Fund and Street Impact Fee Fund.
Developing a Capital Improvements Plan is, first and foremost, a planning process -
adopting any CIP does not provide budget appropriation authority. Items must be included in a
budget resolution before they are funded. Once adopted, it is our intent that the FY2008 items
become the basis for FY2008 budget within each of these funds.
Revenue Estimates: For the purpose of this CIP, we continue with the current year
revenue as an estimate for future years, inflated by a growth factor of 4% each year. The City is
currently studying all Impact Fee rate calculations, and any rate changes are planned for adoption
in late spring or early summer. If changes in the impact fee rates are made, we will update
revenue information for the FY2009-2013 CIP that will be developed this fall.
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Other Funding Sources: Because Street Impact Fees can only be used for capacity
expansion of our streets system, many of these projects require additional funding from another
source to repair the existing area of street being improved. In the past, the City has utilized State
Urban Funds (for Urban Routes), SID’s and a G.O. Transportation Bond to fund non-capacity
related costs. This was the case with the Babcock and Durston projects that were recently
completed. If the City were to pursue an Arterial and Collector Street Assessment or a Local
Option Sales Tax, those might also be funding sources. Three projects scheduled in the next five
years will require this type of funding:
• In FY2009 - Durston (Fowler to Cottonwood) – SID or Other Source
• In FY2011 - Oak (Rouse to Cedar) – SID or Other Source
• In FY2011 - College (Main to 19th) – State Urban Funds
Project Cost Estimates: All project and equipment costs are estimates that will not be
finalized until the City accepts a qualified bid for that specific project or equipment. We have
also estimated the amount of costs that would be eligible for Impact Fees (capacity expansion.)
We have used the best information available to us at this time, often based on the City Engineer’s
extensive knowledge of recent street construction projects.
Deficit Balances: These schedules show one planned deficit during the course of the 5-
year period, recovering to a positive balance by year five. In general, the City approves CIP
plans with deficit funding years, as long as the deficit is expected to be recovered by the end of
year five of the plan.
Advisory Committee: The Impact Fee Advisory Committee reviewed the Street Impact
Fee Schedules and Projects Lists on January 11th. They meet again on January 25th to provide
their comments to the Commission. Those comments will be brought forward during the staff
presentation for Street Impact Fees tonight.
RECOMMENDATION: Review the attached information and approve, with any
modifications.
FISCAL EFFECTS: Approving these schedules does not provide appropriation authority.
Once approved by the City Commission, the FY08 projects and equipment will be incorporated
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into the FY08 City Manager’s Recommended Budget in May, which begins the budget
appropriation process. The remaining plan years serve as a work plan to guide staff, and will be
reviewed and revised in the coming fall.
ALTERNATIVES: As suggested by the Commission.
Respectfully submitted,
Anna Rosenberry, Finance Director
Chris Kukulski, City Manager
Report compiled on January 24, 2007
Attachments: Financial Summaries
Project Sheets
Project Map
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VEHICLE MAINTENANCE FUNDSUMMARY OF CIP BALANCES, REVENUES AND EXPENDITURESCIP FY2008-2012Current Year ----------------------------------------Projected----------------------------------------FY07 FY08 FY09 FY10 FY11 FY12Beginning Year CIP Cash Balance 12,800$ 12,800$ 4,313$ 4,313$ 4,313$ 4,313$ Add: Revenues Dedicated to CIP 13,000 13,513 - - - - Less: Scheduled CIP Expenditures 13,000 22,000 - - - - __________ __________ __________ __________ __________ __________Projected Year-End CIP Cash Balance 12,800$ 4,313$ 4,313$ 4,313$ 4,313$ 4,313$ Page 1222
VEHICLE MAINTENANCE FUNDRATE CHANGES & PROJECTION OF CUSTOMER GROWTHCurrent Year ----------------------------------------Projected----------------------------------------FY07 FY08 FY09 FY10 FY11 FY12Rate Changes/Customer GrowthInflationary Adjustment - 4.00 4.00 4.00 4.00 4.00 Increase in Rates Dedicated to CIP - - - - - Total Current Year Rate Changes - 4.00 4.00 4.00 4.00 4.00 Customer Growth Rate- - - - - - Total Percentage Increase in Base Year Revenues - 4.00 4.00 4.00 4.00 4.00 Percentage of Rates Dedicated to CIP:From Previous Year(s) - 2.15 - - - - Current Year 2.15 - - - - - - - - - - - Total Percentage of Rates Dedicated to CIP 2.15 2.15 - - - - Page 2223
VEHICLE MAINTENANCE FUNDREVENUE PROJECTIONSCurrent Year-------------------------------------------Projected--------------------------------------------------FY07 FY08 FY09 FY10 FY11 FY12Base Revenues for Projections 604,350$ 604,350$ 628,524$ 653,665$ 679,812$ 707,004$ Total Projected Current Year Revenues 604,350$ 628,524$ 653,665$ 679,812$ 707,004$ 735,284$ Current Year Revenues Dedicated to CIP 13,000$ 13,513$ -$ -$ -$ -$ Add: Grants Bond Issues INTERCAP Other (SRF)__________ __________ __________ __________ __________ __________Total Revenues Dedicated to CIP 13,000$ 13,513$ -$ -$ -$ -$ Page 3224
CITY OF BOZEMANCAPITAL IMPROVEMENTS PROGRAMVEHICLE MAINTENANCE PROJECTS # Project Title Department/Division Category FY08 FY09 FY10 FY11 FY12 Total ScheduledVM - 01 Flex Fuel 4X4 Pickup VEHICLE MAINTENANCE Equipment 22,000 22,000 ________ ________ ________ ________ ________ ________ ________Total22,000$ -$ -$ -$ -$ 22,000$ -$ Page 4225
City of Bozeman Capital Improvements Plan FY08-12
Project Name:
Flex Fuel Pick-Up Truck
Estimated Cost: $22,000
Project Number: Vehicle Maintenance - VM01 Date
Scheduled:
FY08
Purpose: □ New ■ Replacement □ Facility ■ Equipment
Project
Description:
This is a request for a pickup to replace the 20 year old pickup in the
Vehicle Maintenance Department. This vehicle is frequently used to pick
up parts, jump start vehicles, and give City staff rides back to their work
areas when another City vehicle is dropped off for service at the Vehicle
Maintenance Department.
This vehicle will be purchased thru the State of Montana procurement
program offering substantial savings over the bid method.
This truck will be powered by gasoline or up to 85% ethanol.
Alternatives
Considered:
Continue to utilize 20-year old vehicle currently in use.
Lease.
Advantages of
Approving this
Project:
Retirement and replacement of 20 year-old piece of city equipment with a
safer, more reliable vehicle. The replacement vehicle will use of
alternative fuels and obtain better fuel mileage; will also require fewer
repairs.
Estimated New
Future Recurring
Costs:
Annual Operating & Maintenance Costs: minimal
Funding
Sources:
100% Vehicle Maintenance Fund Revenue
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STREET IMPACT FEE FUNDSUMMARY OF CIP BALANCES, REVENUES AND EXPENDITURESCIP Plan FY08-FY12Current Year ----------------------------------------Projected----------------------------------------FY07 FY08 FY09 FY10 FY11 FY12Projected Beginning Restricted Cash Balance 2,928,200$ 4,528,200$ 5,460,200$ 1,547,880$ 2,295,067$ (1,214,258)$ Add: Impact Fee Revenue* 3,000,000 2,392,000 2,487,680 2,587,187 2,690,675 2,798,302 Other Funding Sources - 2,000,000 - 5,050,000 - Less: Scheduled CIP Expenditures* 1,400,000 1,460,000 8,400,000 1,840,000 11,250,000 600,000 __________ __________ __________ __________ __________ __________Projected Year-End Restricted Cash Balance 4,528,200$ 5,460,200$ 1,547,880$ 2,295,067$ (1,214,258)$ 984,044$ * Note: Based on estimated FY07 amounts. At December 31, 2006, revenues are higher, and planned expenditures lower than originally budgeted.Page 1227
STREET IMPACT FEE FUNDREVENUE PROJECTIONSCurrent Year ----------------------------------------Projected----------------------------------------FY07 FY08 FY09 FY10 FY11 FY12Projected Impact Fee Revenues 2,300,000$ 2,415,000$ 2,535,750$ 2,662,538$ 2,795,664$ 2,935,448$ Customer Growth Rate 4% 4% 4% 4% 4%__________ __________ __________ __________ __________ __________Impact Fees Dedicated to CIP 2,300,000$ 2,392,000$ 2,487,680$ 2,587,187$ 2,690,675$ 2,798,302$ Add Other Revenue Sources: SID or Other: SIF 08 - Durston (Fowler to Cottonwood) 2,000,000 SID or Other: SIF11 - Oak (Rouse to Cedar)3,000,000 State Urban Funds: SIF06 - College (Main to 19th)2,050,000 __________ __________ __________ __________ __________ __________Total Other Revenue Sources - - 2,000,000 - 5,050,000 - __________ __________ __________ __________ __________ __________Total All Revenue Sources 2,300,000$ 2,392,000$ 4,487,680$ 2,587,187$ 7,740,675$ 2,798,302$ Page 2228
CITY OF BOZEMANCAPITAL IMPROVEMENTS PROGRAM STREET IMPACT FEE PROJECTSItem ----------------------------Projected Costs by Fiscal Year-----------------------------Not # Project TitleDepartment/DivisionCategoryFY08 FY09 FY10 FY11 FY12 TotalScheduledPW02SHOPS COMPLEX PHASE 2 STR IMPACT FEESProject 990,000 990,000 SIF01RIGHT OF WAY ACQUISITION STR IMPACT FEESProject 100,000 100,000 100,000 100,000 100,000 500,000 SIF02BAXTER (19TH TO COTTONWOOD) STR IMPACT FEESProject500,000 500,000 2,850,000 SIF03BAXTER (7TH TO 19TH) STR IMPACT FEESProject 2,700,000 2,700,000 SIF04CHURCH STR IMPACT FEESProject- 5,800,000 SIF05COLLEGE (8TH TO 19TH) STR IMPACT FEESProject- 2,000,000 SIF06COLLEGE (MAIN TO 19TH) STR IMPACT FEESProject 250,000 250,000 4,650,000 5,150,000 SIF08DURSTON (FOWLER TO COTTONWOOD) STR IMPACT FEESProject 500,000 4,500,000 5,000,000 SIF09KAGY (WILLSON TO 19TH) STR IMPACT FEESProject- 6,650,000 SIF10OAK (CEDAR TO MAIN STREET) STR IMPACT FEESProject- UNKNOWNSIF11OAK (ROUSE TO CEDAR) STR IMPACT FEESProject 500,000 500,000 6,500,000 7,500,000 SIF15SIGNAL/INTERSECTION: 11TH & COLLEGE STR IMPACT FEESProject 10,000 350,000 360,000 SIF16SIGNAL/INTERSECTION: 11TH & KAGY STR IMPACT FEESProject 350,000 350,000 SIF17SIGNAL/INTERSECTION: HIGHLAND & MAIN STR IMPACT FEESProject 500,000 500,000 Total1,460,000$ 8,400,000$ 1,840,000$ 11,250,000$ 600,000$ 23,550,000$ 17,300,000$ Note: Projects with external funding sources (ie. Federal Appropriations, grants, urban funds, or developer contributions) indicate "total project costs", with correspondingrevenue sources indicated on the revenue schedule. Projects financed completely with City dollars but out of separate City funds are shown with the respective funding amount ineach schedule of the CIP.Page 3229
City of Bozeman Capital Improvements Plan FY08-12
Project Name:
Shops Complex – Phase 2
Estimated Cost: $4,005,000 - Phase 2 ($9 Million – Total Project)
Project Number: Public Works – PW02 Date
Scheduled: FY10
Purpose: □ New ■ Replacement ■ Facility □ Equipment
Project
Description:
This project consists of finishing a Shops Complex Facility that was begun
in Phase I. Phase 2 will house the needs of the Streets, Solid Waste, and
Parks divisions.
The present shops complex is built in a residential neighborhood and it is
estimated to have twice the employees working out of the complex than
what it was designed for. The present complex has high traffic loads, and
with the public water fill station there and driving and walking in the
complex is dangerous at high traffic periods.
Constructing a new complex in phases, with Phase I being a new facility
for water and wastewater, and Phase 2 being a facility for Streets, Solid
Waste, and Parks will allow adequate timing for construction and funding
of the projects.
Alternatives
Considered:
Build a smaller satellite facility for high traffic volume operations; leave low
traffic operations at existing facility.
Advantages of
Approving this
Project:
It has been determined there is adequate room at the WWTP for a shop
complex, not within the entryway overlay corridor. This will allow all land at
the Mandeville Farm to be utilized for an industrial subdivision.
Constructing the complex in phases will allow additional time to secure
funding for Phase 2, eliminate a majority of traffic at the current site,
eliminate the public water fill station (will be located at the new site), and
free up space in the current complex to alleviate crowding for other
divisions.
With utilizing the WWTP for the Shops Complex Phase I selection of
proper site, this move will eliminate using residential streets for day-to-day
high volume traffic.
Estimated New
Future Recurring
Costs:
Annual Operating & Maintenance Costs: Unknown at this point. Expected
to be on par with existing location; but, we won’t have a good estimate
until pre-design work is completed.
Funding
Sources:
Phase 2:
Street Impact Fees = $990,000
Solid Waste Fund = $1,507,000
General Fund = $1,507,000 - most likely through sale of the current site.
230
City of Bozeman Capital Improvements Plan FY08-12
Project Name:
Right of Way Acquisition (on-going)
Estimated Cost: $100,000 each year
Project Number: Street Impact Fees – SIF
01
Date
Scheduled:
FY08 –
FY12
Purpose: ■ New □ Replacement ■ Facility □ Equipment
Project
Description:
Annual allocation available for right-of-way purchases as they become
available. Purchasing additional right-of-way is critical to expanding the
capacity of streets in the city.
This is deemed to be 100% impact fee eligible – as additional right-of-way
is not required if we are not expanding the capacity of the street.
Alternatives
Considered:
1. Condemn property for right-of-way; pay court costs as well as
appraised value of property. Time consuming for city staff and a relatively
expensive process.
2. Wait for land to develop and acquire additional right-of-way through
annexation or subdivision.
Advantages of
Approving this
Project:
Provides dollars for the purchase of necessary right-of-way as it becomes
available on the market. Avoids the expensive, antagonistic
condemnation process where possible.
Estimated New
Future Recurring
Costs:
Annual Operating & Maintenance Costs: Street Impact Fees can not be
spent on operating and maintaining facilities. There is expected to be a
very minimal, incremental cost to the Street Maintenance District from this
expenditure.
Funding
Sources:
100% Street Impact Fees
231
City of Bozeman Capital Improvements Plan FY08-12
Project Name:
Baxter (19TH to Cottonwood)
Estimated Cost: Total Project: $3,350,000; $2,000,000 from Street Impact Fees
Project Number: Street Impact Fees –
SIF 02
Date
Scheduled:
Design – FY12
Remainder
Unscheduled
Purpose: ■ New □ Replacement ■ Facility □ Equipment
Project
Description:
Reconstruct Baxter Lane (from 19th Avenue to Cottonwood) to a Minor
Arterial standard as shown in the Transportation Plan.
Continued development in the northwest quadrant of the City insures that
this improvement will be needed in the not too distant future.
It is estimated that approximately 60% of this project will be eligible for
impact fees. The remainder of project costs would need to come from
Special Improvement District assessments on property in the area.
Construction is expected to occur in the years following design (FY13 or
FY14)
Alternatives
Considered:
Full payment by SID, or developer constructed.
Advantages of
Approving this
Project:
Improved capacity and safety in this corridor;
Estimated New
Future Recurring
Costs:
Annual Operating & Maintenance Costs: Incremental increases in
sweeping, plowing and general maintenance costs. Current cost estimate
of $8,725 per street mile maintained annually.
Funding
Sources:
60% - Street Impact Fees = $2,000,000
40% - Special Improvement District (SID) or Other = $1,350,000
232
City of Bozeman Capital Improvements Plan FY08-12
Project Name:
Baxter (7th to 19TH)
Estimated Cost: Total Project: $2,700,000
Project Number: Street Impact Fees –
SIF 03
Date
Scheduled:
FY09
Purpose: ■ New □ Replacement ■ Facility □ Equipment
Project
Description:
Reconstruct Baxter Lane (from North 7th Avenue to North 19th Avenue) to
meet the collector standard identified in the Greater Bozeman Area
Transportation Plan 2001 Update.
Baxter Lane is positioned to become a major commercial thoroughfare
due to the presence of B2 zoning on the south side of the road from 19th
Avenue to 7th Avenue.
The 2001 Greater Bozeman Area Transportation Plan Update identifies
Baxter Lane as a collector standard and projects that by 2020 the road will
be carrying 5,500 vehicles per day, more than double what it currently
carries.
Proposals for development have recently been submitted to the City which
will necessitate that the roadway be improved prior to initiation of
construction of those developments. The presence of Interstate 90 along
most of the northern boundary of this roadway severely limits alternative
sources of funding, SID creation for instance.
Alternatives
Considered:
Use of Urban Funds, developer contributions, or creation of an SID.
Advantages of
Approving this
Project:
Improved safety and capacity, both for motorized vehicles as well as
bicycles and pedestrians. The use of street impact fee funds enables the
community to leverage the available State Urban transportation funds to
complete other projects and address more of the city’s pressing
transportation needs.
Estimated New
Future Recurring
Costs:
Annual Operating & Maintenance Costs: Incremental increases in
sweeping, plowing and general maintenance costs. Current cost estimate
of $8,725 per street mile maintained annually.
Funding
Sources:
100% - Street Impact Fees = $2,700,000
233
City of Bozeman Capital Improvements Plan FY08-12
Project Name:
Church
Estimated Cost: Total Project: $9,600,000; Street Impact Fees $5,800,000
Project Number: Street Impact Fees –
SIF 04
Date
Scheduled:
Unscheduled
Purpose: ■ New □ Replacement ■ Facility □ Equipment
Project
Description:
Reconstruct Church Avenue to the collector standard identified in the
Transportation plan from Main Street to Kagy Boulevard.
The need for this project comes from increased traffic due to growth in the
South Bozeman area as well as the county area south of Bozeman–
making this project eligible for impact fee funds.
While this improvement is identified in the transportation plan as
recommended major improvement 26, Right-of-Way issues will likely make
this one of the most difficult and expensive street projects in the City’s
future.
Church is designated an Urban Route, and would be eligible for the
expenditure of Urban Funds.
Alternatives
Considered:
Use of Urban Funds, or creation of an SID for full financing.
Advantages of
Approving this
Project:
Improved safety and capacity, both for motorized vehicles as well as
bicycles and pedestrians. The use of street impact fee funds enables the
community to leverage the available State Urban transportation funds to
complete other projects and address more of the city’s pressing
transportation needs.
Estimated New
Future
Recurring
Costs:
Annual Operating & Maintenance Costs: Incremental increases in
sweeping, plowing and general maintenance costs. Current cost estimate
of $8,725 per street mile maintained annually.
Funding
Sources:
60% - Street Impact Fees = $5,800,000
40% - Urban Funds, SID, or other sources = $3,800,000
234
City of Bozeman Capital Improvements Plan FY08-12
Project Name:
College (8th to 19th)
Estimated Cost: Total Project: $3,350,000; Street Impact Fees $2,000,000
Project Number: Street Impact Fees –
SIF 05
Date
Scheduled:
Unscheduled
Purpose: ■ New □ Replacement ■ Facility □ Equipment
Project
Description:
Reconstruct West College Street (from 8th Avenue to 19th Avenue) to a
minor arterial standard as shown in the Transportation Plan.
This section of West College has already exceeded the volume of traffic it
was projected to carry in 2020 according to the Transportation Plan.
Planned improvements to South 19th and increased development in the
South 19th corridor will only further increase traffic demand on this facility.
Additionally this facility lacks pedestrian and bicycle facilities.
Alternatives
Considered:
Use of Urban funds for full financing, CTEP grants if available.
Advantages of
Approving this
Project:
Improved safety and capacity, both for motorized vehicles as well as
bicycles and pedestrians.
The use of street impact fee funds enables the community to leverage the
available State Urban transportation funds to complete other projects and
address more of the city’s pressing transportation needs.
Estimated New
Future
Recurring
Costs:
Annual Operating & Maintenance Costs: Incremental increases in
sweeping, plowing and general maintenance costs. Current cost estimate
of $8,725 per street mile maintained annually.
Funding
Sources:
60% - Street Impact Fees = $2,000,000
40% - State Urban Funds = $1,350,000
Photo #1
235
City of Bozeman Capital Improvements Plan FY08-12
Project Name:
College (Main to 19th)
Estimated Cost: Total Project: $5,150,000; Street Impact Fees $3,100,000
Project Number: Street Impact Fees –
SIF 06
Date
Scheduled:
FY09 - FY11
Purpose: ■ New □ Replacement ■ Facility □ Equipment
Project
Description:
Reconstruct West College Street from Main Street (Huffine Lane) to 19th
Avenue to a principal arterial standard as shown in the Transportation
Plan. This section of West College has already exceeded the volume of
traffic it was projected to carry in 2010 according to the Transportation
Plan. In the peak AM hour traffic is backed up from 19th to Huffine and
beyond.
Planned improvements to South 19th and increased development in the
Huffine Lane corridor will only further increase traffic demand on this
facility. In addition this facility lacks pedestrian and bicycle facilities.
Alternatives
Considered:
Use of Urban funds for full financing, CTEP grants if available.
Advantages of
Approving this
Project:
Improved safety and capacity, both for motorized vehicles as well as
bicycles and pedestrians.
The use of street impact fee funds enables the community to leverage the
available State Urban transportation funds to complete other projects and
address more of the city’s pressing transportation needs.
Estimated New
Future Recurring
Costs:
Annual Operating & Maintenance Costs: Incremental increases in
sweeping, plowing and general maintenance costs. Current cost estimate
of $8,725 per street mile maintained annually.
Funding
Sources:
60% - Street Impact Fees = $3,100,000
40% - State Urban Funds = $2,050,000
Photo #1
236
City of Bozeman Capital Improvements Plan FY08-12
Project Name:
Durston (Fowler to Cottonwood)
Estimated Cost: Total Project: $5,000,000; Street Impact Fees $3,000,000
Project Number: Street Impact Fees –
SIF 08
Date
Scheduled:
FY08 & FY09
Purpose: ■ New □ Replacement ■ Facility □ Equipment
Project
Description:
While this section of Durston Road was not anticipated in the 1993
Transportation Plan to carry significant traffic volumes, it is apparent from
recent development activity that the areas served by this collector roadway
may cause the predicted volumes to be exceeded.
Incremental improvement of Durston Road with development projects may
be possible, thus preventing a severe drop in service level similar to that
experienced on West Babcock Street.
Alternatives
Considered:
SID for full financing, or incremental construction by developers.
Advantages of
Approving this
Project:
Improved safety and capacity, both for motorized vehicles as well as
bicycles and pedestrians.
The use of street impact fee funds enables the community to leverage the
available State Urban transportation funds to complete other projects and
address more of the city’s pressing transportation needs.
Estimated New
Future Recurring
Costs:
Annual Operating & Maintenance Costs: Incremental increases in
sweeping, plowing and general maintenance costs. Current cost estimate
of $8,725 per street mile maintained annually.
Funding
Sources:
60% - Street Impact Fees = $3,000,000
40% - Special Improvement District = $2,000,000
237
City of Bozeman Capital Improvements Plan FY08-12
Project Name:
Kagy (Willson to 19th)
Estimated Cost: Total Project: $6,650,000; Street Impact Fees $4,000,000
Project Number: Street Impact Fees – SIF
09
Date
Scheduled:
Unscheduled
Purpose: ■ New □ Replacement ■ Facility □ Equipment
Project
Description:
Widen Kagy Boulevard and add turning lanes at key intersections. This
portion of Kagy currently carries about 9,000 vehicles per day.
The capacity this two lane street can reasonably carry is about 12,000
vehicles per day. Expansion of capacity will be needed in the foreseeable
future to handle current and future traffic loads.
Kagy serves as an important element of Bozeman's perimeter street
system connecting Highland Blvd., Willson Ave. and S.19th. It also serves
as the primary access to Montana State University and the University's
major athletic facilities.
Alternatives
Considered:
Pursue the use of Urban Funds.
Advantages of
Approving this
Project:
Kagy is a State Urban Route and is eligible for expenditure of State urban
funds designated annually for the City of Bozeman; however, the
availability of urban funds cannot match the pace of the City's
transportation improvement needs.
The need for this project comes from increased traffic due to growth in the
Bozeman area and the project is eligible for Impact Fee Funds. Use of
Street Impact Funds enables the community to leverage the available
State Urban transportation funds to complete projects and address more of
its pressing transportation needs.
Estimated New
Future
Recurring
Costs:
Annual Operating & Maintenance Costs: Incremental increases in
sweeping, plowing and general maintenance costs. Current cost estimate
of $8,725 per street mile maintained annually.
Funding
Sources:
60% - Street Impact Fees = $4,000,000
40% - State Urban Funds = $2,650,000
238
City of Bozeman Capital Improvements Plan FY08-12
Project Name:
Oak (Cedar to Main)
Estimated Cost: Total Project: UNKNOWN
Project Number: Street Impact Fees –
SIF 10
Date
Scheduled:
Unscheduled
Purpose: ■ New □ Replacement ■ Facility □ Equipment
Project
Description:
Construct Oak Street from Rouse to Cedar to a collector standard as
identified in the Transportation Plan.
This would make development of an important and underutilized portion of
the City possible, including reclamation of what was a superfund site
(Idaho Pole).
Because of the complicated right-of-way, superfund, and wetland issues, it
is very difficult to estimate the costs of this project. It is included in this
schedule with costs “Unknown” because it has been identified as a project
that could significantly improve travel, if it could be built.
Alternatives
Considered:
SID or Developer Contributions for full construction.
Advantages of
Approving this
Project:
The need for this project comes from increased traffic due to growth in the
Bozeman area and the project is eligible for Impact Fee Funds.
Use of Street Impact Funds enables the community to leverage the
available State Urban transportation funds to complete projects and
address more of its pressing transportation needs.
Estimated New
Future
Recurring
Costs:
Annual Operating & Maintenance Costs: Incremental increases in
sweeping, plowing and general maintenance costs. Current cost estimate
of $8,725 per street mile maintained annually.
Funding
Sources:
Given the fact that this portion of street does not currently exist, the project
will likely be eligible for Street Impact Fees. However, given the scope of
the project, costs are unknown.
239
City of Bozeman Capital Improvements Plan FY08-12
Project Name:
Oak (Rouse to Cedar)
Estimated Cost: Total Project: $7,500,000; Street Impact Fees $4,500,000
Project Number: Street Impact Fees –
SIF 11
Date
Scheduled:
FY09 –
FY11
Purpose: ■ New □ Replacement ■ Facility □ Equipment
Project
Description:
Construct Oak Street from Rouse to Cedar to a collector standard as
identified in the Transportation Plan.
This would make development of an important and underutilized portion of
the City possible, including reclamation of what was a superfund site
(Idaho Pole).
Alternatives
Considered:
SID or Developer Contributions for full construction.
Advantages of
Approving this
Project:
Kagy is a State Urban Route and is eligible for expenditure of State urban
funds designated annually for the City of Bozeman; however, the
availability of urban funds cannot match the pace of the City's
transportation improvement needs.
The need for this project comes from increased traffic due to growth in the
Bozeman area and the project is eligible for Impact Fee Funds. Use of
Street Impact Funds enables the community to leverage the available
State Urban transportation funds to complete projects and address more
of its pressing transportation needs.
Estimated New
Future Recurring
Costs:
Annual Operating & Maintenance Costs: Incremental increases in
sweeping, plowing and general maintenance costs. Current cost estimate
of $8,725 per street mile maintained annually.
Funding
Sources:
60% - Street Impact Fees = $4,500,000
40% - Other Sources (Developer Contribution, SID, TIF) = $3,000,000
240
City of Bozeman Capital Improvements Plan FY08-12
Project Name:
Warrant Analysis and Signal or Intersection
Control: 11th & College
Estimated Cost: $10,000 Warrant Analysis; $350,000 Signal (if warranted)
Project Number: Street Impact Fees –
SIF 15
Date
Scheduled:
FY08 - Analysis
FY09 - Signal
Purpose: ■ New □ Replacement ■ Facility □ Equipment
Project
Description:
Signalization of the intersection of 11th Avenue and College Street, a
collector and a minor arterial. This intersection is currently under 4 way
stop control and back-ups at peak hours are already significant. Volumes
are approaching those predicted for 2020, and with increasing
development to the immediate west and south the city, warrants will likely
be met in the very near future (if they haven’t already).
There may be some emergency maintenance/repair events should the
signal fail per an existing agreement with MDT, but in general this will be
an MDT maintained signal.
This project is identified as TSM-32 in the Transportation Plan.
Alternatives
Considered:
Do nothing or consider other alternatives as suggested by the Montana
Department of Transportation. Create an SID or identify and apply for
other potential sources of funding (CMAQ…)
Advantages of
Approving this
Project:
Improved traffic flow and safety at this intersection.
Estimated New
Future Recurring
Costs:
Annual Operating and Maintenance Costs: Impact Fees can not be spent
on operating and maintenance costs. In general, signal maintenance
costs are borne by the State of Montana.
Funding
Sources:
100% Street Impact Fees
Photos #1
241
City of Bozeman Capital Improvements Plan FY08-12
Project Name:
Signal or Intersection Control: 11th & Kagy
Estimated Cost: $350,000
Project Number: Street Impact Fees –
SIF 16
Date
Scheduled:
FY08
Purpose: ■ New □ Replacement ■ Facility □ Equipment
Project
Description:
Signalization of the intersection of 11th Avenue and Kagy Boulevard, a
collector and an arterial. Recent development proposals (primarily south of
Kagy as well as the Hospital) indicate that the need for this signal
improvement will soon be warranted.
There may be some emergency maintenance/repair events should the
signal fail per an existing agreement with MDT, but in general this will be
an MDT maintained signal.
This project is listed as TSM 35 in the Transportation Plan.
Alternatives
Considered:
Do nothing or consider other alternatives as suggested by the Montana
Department of Transportation. Create an SID or identify and apply for
other potential sources of funding (CMAQ…)
Advantages of
Approving this
Project:
Improved traffic flow and safety at this intersection.
Estimated New
Future Recurring
Costs:
Annual Operating Costs:
Annual Maintenance Costs:
Other Non-Capital Costs:
Total: none
Funding
Sources:
100% Street Impact Fees
242
City of Bozeman Capital Improvements Plan FY08-12
Project Name:
Signal and Intersection Improvements: Highland
and Main Street
Estimated Cost: $500,000
Project Number: Street Impact Fees –
SIF 17
Date
Scheduled:
FY08
Purpose: ■ New □ Replacement ■ Facility □ Equipment
Project
Description:
Improve the intersection of Highland and Main Street through better
signalization and turning accesses.
Alternatives
Considered:
Do nothing or consider other alternatives as suggested by the Montana
Department of Transportation. Create an SID or identify and apply for
other potential sources of funding (CMAQ…)
Advantages of
Approving this
Project:
Improved traffic flow and safety at this intersection.
Estimated New
Future Recurring
Costs:
Annual Operating & Maintenance Costs: responsibility of State of
Montana; There may be some emergency maintenance/repair events
should the signal fail per an existing agreement with MDT, but in general
this will be an MDT maintained signal. Impact Fee dollars can not be
spent on general operations and maintenance costs.
Funding
Sources:
100% Street Impact Fees
Photo #1
243
244
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Cynthia Jordan Delaney, Deputy City Clerk
Chris A. Kukulski, City Manager
SUBJECT: Beautification Advisory Board Appointments
MEETING DATE: January 29, 2007
BACKGROUND: The Beautification Advisory Board is created under Ordinance No. 1360,
Chapter 2.84 of the Bozeman Municipal Code. The Board is to consist of up to nine members, to
be appointed to staggered three-year terms. Persons must be of legal age. A majority of the
members must be residents of the city; and non-resident members shall "have some interest in
the city by virtue of working in the city, owning property in the city, or entering the city
frequently for any lawful purpose."
The Board is to identify, investigate, and recommend community beautification projects and
programs; investigate and pursue possible funding sources for beautification projects, in
coordination with City staff; and advise the Commission concerning beautification of City-
owned properties and facilities.
There are currently three openings on the Board and two applicants.
New Applicants:
Catherine Suit
Chris Thompson
RECOMMENDATION: Make appointments to fill up to two (2) vacancies.
ALTERNATIVES: As suggested by the City Commission.
Respectfully submitted,
__________________________________ __________________________________
Cynthia Jordan Delaney, Deputy City Clerk Chris A. Kukulski, City Manager
Attachments: Two (2) Beautification Advisory Board Applications
245
246
247
248
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Tracy L. Oulman, Neighborhood Coordinator
Chris Kukulski, City Manager
SUBJECT: City Charter Implementation / Section 4.06 – Neighborhood Associations
MEETING DATE: January 29th, 2007
BACKGROUND: In November 2006, Bozeman voters favored the adoption of the Local
Government Study Commission’s City Charter. The City Commission has made the implementation a
goal of high priority. Section 4.06 – Neighborhood Associations requires the City Commission to
establish by ordinance minimum recognition requirements for neighborhood associations.
RECOMMENDATION: Direct staff to draft a Neighborhood Recognition Ordinance pursuant to
recommendations in the staff report.
FISCAL EFFECTS: None.
ALTERNATIVES: As suggested by the City Commission.
Respectfully submitted,
_________________________________ ____________________________
Tracy L. Oulman, Neighborhood Coordinator Chris A. Kukulski, City Manager
Attachments: Staff Report; INC Bylaws, City Charter Section 4.06
Report compiled on: January 19th, 2007
249
CITY COMMISSION STAFF REPORT
CITY CHARTER IMPLEMENTATION
Section 4.06 – Neighborhood Associations
City Charter Implementation
Section 4.06 – Neighborhood Associations
1
Item: Public Hearing on the implementation of the City Charter Section 4.06
– Neighborhood Associations.
Date/Time: Monday, January 29th at 6pm in the Community Meeting Room,
Gallatin County Courthouse, 311 West Main Street, Bozeman,
Montana.
Report By: Tracy L. Oulman, Neighborhood Coordinator
Recommendation: Direct staff to draft a Neighborhood Recognition Ordinance pursuant
to recommendations in the staff report.
____________________________________________________________________________________
Introduction
In November 2006, the Bozeman voters passed a City Charter proposed by the Local Government Study
Commission (LGSC). The City of Bozeman has until January 1, 2008 to comply with the charter’s
provisions. On January 16th, during a regularly-scheduled meeting, the City Commission indicated they
prefer to incrementally review and implement the provisions of the charter.
Section 4.06 – Neighborhood Associations requires the City Commission to establish by ordinance
minimum recognition requirements for neighborhood associations. The ordinance will impact the seven
previously-formed neighborhood associations, the InterNeighborhood Council (INC), as well as groups
seeking to organize in the future.
In order to ensure the maximum amount of notification and predictability for existing and forming
neighborhood groups seeking recognition from the City, staff recommends the City Commission directs a
process to draft language for the Neighborhood Recognition Ordinance.
Required Actions
Section 4.06 requires one City action to comply with the adopted charter.
(1) Section 4.06b: The City Commission shall establish by ordinance the
minimum recognition requirements for neighborhood associations.
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Section 4.06 also includes items to consider elaborating on in the Neighborhood Recognition Ordinance.
These items are mentioned in section 2 of the Recommended Implementation Strategy.
Recommended Implementation Strategy
(1) Establish a process to draft language for the Neighborhood Recognition Ordinance.
(2) Identify any additional standards or considerations the City Commission may wish to include in the
Neighborhood Recognition Ordinance.
(3) Establish a deadline for the completion of the draft ordinance language.
Staff is requesting City Commission direction to draft an ordinance establishing minimum recognition
requirements for neighborhood associations. Direction being requested includes:
(1) Establish a process to draft language for the Neighborhood Recognition Ordinance.
Staff has considered a variety of possible implementation strategies to draft the language for the
Neighborhood Recognition Ordinance. Examples of strategies which were considered include:
• Staff Only
• Task Force
• INC Only
• Staff + INC
Recommendation: Staff + INC. Following discussions with staff and the INC, it is
recommended that the City Commission direct Staff to work collaboratively with the INC to draft
the language for the Neighborhood Recognition Ordinance. The following steps are recommended:
(1) Staff drafts Neighborhood Recognition Ordinance language (done);
(2) INC reviews the draft with staff and, upon a majority vote in favor, the revised language
is forwarded to the City Commission;
(3) The City Commission reviews the language for consideration and adoption.
• In cases which staff and INC are unable to find a compromise, both staff and INC will provide
text for the City Commission to review and modify for adoption.
City Charter Implementation
Section 4.06 – Neighborhood Associations
2
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(2) Identify any additional standards or considerations the City Commission may wish to include in
the Neighborhood Recognition Ordinance.
The adopted charter requires the ordinance include, but is not limited to, the standards listed below:
(1) Clear geographic boundaries;
(2) Procedures for defining a resident for neighborhood association membership;
(3) Adherence to established bylaws that ensure democratic deliberative and voting procedures;
(4) Periodic meetings, including an annual meeting;
(5) Copy of the bylaws and all amendments filed with the City;
(6) Inclusion of all residents in the neighborhood associations; and
(7) Demonstrating that it has a means of communicating with residents in a neighborhood
association.
The City Commission has several options to establish the basic standards included in the Neighborhood
Recognition Ordinance. These options include:
• Include only the required standards outlined in the adopted charter (Items 1 -7 above);
• Include the required standards plus City Commission adoption of the INC bylaws;
• Does the City Commission want approval authority over the INC bylaws?
Section 4.06d3: The InterNeighborhood Council shall adopt by-laws governing the conduct of their
business. Such by-laws shall be approved by the city commission, or as designated by ordinance. A
vacancy on the InterNeighborhood Council shall be filled only by the affected neighborhood association.
The city may appoint a city commissioner as a non-voting member of the InterNeighborhood Council.
• Include the required standards plus formal identification of a staff liaison or staff duties;
• Does the City Commission wish to specify exactly the role of the staff liaison and/or duties?
Section 4.06e: City Liaison. The City shall designate a staff member to serve as liaison to the
InterNeighborhood Council and neighborhood association.
• Additional standards as defined by the City Commission;
• A combination of all of the above.
City Charter Implementation
Section 4.06 – Neighborhood Associations
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Recommendation: Required Standards + City Commission adoption of INC Bylaws.
Section 4.06d3 states, “The InterNeighborhood Council shall adopt bylaws governing the conduct of their business.
Such bylaws shall be approved by the City Commission, or as designated by ordinance. Therefore, City
Commission adoption of the INC bylaws is not required unless designated by ordinance.
Staff recommends City Commission adoption of the INC bylaws be required in the Neighborhood
Recognition Ordinance for the following reasons:
• Neighborhood Recognition Ordinance is the mechanism by which the City will
assess neighborhood associations and identify those groups which are eligible to
participate on the INC;
• Section 4.06d formally establishes the INC to be composed of representatives
selected by each recognized neighborhood association;
Section 4.06d: InterNeighborhood Council. There is hereby established an
InterNeighborhood Council to be composed of representatives selected by each recognized
neighborhood association.
• Section 4.06d1 states the INC may make recommendations to the City Commission,
City staff and mayor on city-wide issues;
Section 4.06d1: The InterNeighborhood Council shall provide a forum for
Neighborhood Associations to come together, share information, and make
recommendations to the city commission, city staff, and the mayor on city-wide issues. This
does not preclude a neighborhood association from taking its concerns directly to the city or
the commission.
• Section 4.06e designates a staff member to serve as a liaison to the
InterNeighborhood Council.
Section 4.06e: The City shall designate a staff person to serve as a liaison to the
InterNeighborhood Council and neighborhood associations.
City Charter Implementation
Section 4.06 – Neighborhood Associations
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The INC currently operates with bylaws which include the following:
• Mission;
• Vision;
• Authorization;
• Elections & Vacancies;
• Attendance;
• Conflict of Interest.
(3) Establish a deadline for the completion of the draft ordinance language. Staff would like to
request a deadline be established for the review of the Neighborhood Recognition Ordinance by the
City Commission. The purpose of the request is to provide a timeframe to work towards.
Recommendation: May 2007. A majority of existing neighborhood associations hold their annual
meetings in October. The charter requires neighborhood associations existing on the date of the
enactment of the charter to come into compliance within one year of the adopted city ordinance. This
would allow neighborhood associations to assess their compliance with the Neighborhood Recognition
Ordinance, educate their membership on the compliance measures needed and begin to take
appropriate actions.
CONCLUSION
In conclusion, it is the recommendation of the staff that the City Commission:
(1) Establish a process to draft language for the Neighborhood Recognition Ordinance directing Staff to
work collaboratively with the INC. The collaboration would include staff drafting language for the
Neighborhood Recognition Ordinance, an INC review of the draft with staff, and upon a majority vote
in favor, forwarding the language to the City Commission for review. In cases which staff and INC are
unable to find a compromise, both staff and INC will provide text for the City Commission to review and modify for
adoption.
(1) Identify additional standards the City Commission may wish to include in the Neighborhood
Recognition Ordinance including the required standards plus the City Commission adoption of the INC
bylaws.
Staff has made no recommendation on the designation of a specific staff liaison due to the formative
status of the Neighborhoods Program.
(2) Establish May 2007 as the deadline for the completion of the draft ordinance language.
City Charter Implementation
Section 4.06 – Neighborhood Associations
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CITY CHARTER
Section 4.06 – Neighborhood Associations
Section 4.06 Neighborhood Associations
(a) Purpose. The citizens of Bozeman value the contribution neighborhoods can
make to the governance of the city. Therefore, it is the purpose of this article to
strengthen neighborhood participation where it exists, and to encourage and support
neighborhood participation where it does not yet exist.
(b) Recognition of neighborhood associations. The city commission shall
establish by ordinance minimum recognition requirements for neighborhood
associations. These standards shall include, but not be limited to:
(1) clear geographic boundaries;
(2) procedures for defining a resident for neighborhood association
membership;
(3) adherence to established by-laws that ensure democratic
deliberative and voting procedures;
(4) periodic meetings, including an annual meeting;
(5) copy of the by-laws and all amendments filed with the city;
(6) inclusion of all residents in the neighborhood association; and
(7) demonstrating that it has a means of communicating with all
residents in a neighborhood association.
(c) Minimum Standards. A neighborhood association must meet and continue to
maintain conformity with the minimum standards as established by ordinance in order
to be recognized by the city and to be eligible to elect members to the
InterNeighborhood Council. Neighborhood associations existing on the date of the
enactment of this charter shall have one year after the enactment of said city
ordinance to come into compliance.
(d) InterNeighborhood Council. There is hereby established an InterNeighborhood
Council to be composed of representatives selected by each recognized
neighborhood association.
(1) The InterNeighborhood Council shall provide a forum for
Neighborhood Associations to come together, share information, and
make recommendations to the city commission, city staff, and the
mayor on city-wide issues. This does not preclude a neighborhood
association from taking its concerns directly to the city or the
commission.
(2) The InterNeighborhood Council shall meet on a regular basis to
address city-wide concerns and foster dialogue between
neighborhoods.
(3) The InterNeighborhood Council shall adopt by-laws governing the
conduct of their business. Such by-laws shall be approved by the city
commission, or as designated by ordinance. A vacancy on the
InterNeighborhood Council shall be filled only by the affected
neighborhood association. The city may appoint a city commissioner
as a non-voting member of the InterNeighborhood Council.
(e) City Liaison. The City shall designate a staff member to serve as liaison to the
InterNeighborhood Council and neighborhood association.255
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Inter-neighborhood council
Bylaws
Mission
Recognizing the value of citizen involvement and neighborhood relations, the Inter-
Neighborhood Council (INC) is committed to ensuring safety, knowledge and guidance
to Bozeman’s neighborhoods. The INC fosters a sense of cooperation and understanding
between neighborhoods to increase the overall health of the community.
The Vision
Our pride in where we live rests, in part, on the relationships we share with others in our
community. We envision a Bozeman in which every citizen feels informed about
changes in their neighborhood and community, enabled to share their concerns and ideas
with citizens and elected officials, and in which governmental agencies at all levels set
the example of good stewardship and support for their citizens efforts.
Authorization
The Inter-Neighborhood Council is acting without authorization at this time, but may
seek City Commission authorization in the future (Upon authorization of the CC, the INC
would need to add specific language to the Bylaws. Suggestions for this language can be
viewed in the Bylaw Addendum).
Elections, Terms and Vacancy
The Inter-Neighborhood Council shall maintain the positions of President, (Vice
President), (Treasurer) and Secretary. Representatives must be an elected representative
from an established and recognized neighborhood or nominated by such representative.
A. Terms of office for the INC shall be staggered and 2 years in duration
(term limits?);
B. Vacancies on the INC should be filled within ninety (90) days by election.
Procedures
A. The Inter-Neighborhood Council shall conduct a minimum of one
regularly scheduled meeting each month. Cancellation of any meeting or
scheduling of special meetings may occur at the direction of the President.
Regularly scheduled meetings shall be held at such a place, date and hour
as may from time to time be fixed by consensus. Notice of special
meetings shall be served on each member or sent to member’s usual place
of residence at least twenty-four (24) hours before the time set for the
meeting. Notification may be given in person, over the phone, or in
writing.
B. The Secretary (Neighborhood Coordinator) shall prepare a
schedule/agenda for each meeting in consultation with the Neighborhood
Coordinator (President) and other neighborhood representatives. Said
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agenda shall be made available to other representatives at least three days
prior to each monthly meeting.
C. The election of officers shall take place in January of each year. The
terms of each office shall be two years. Special elections to fill vacancies
may occur at any regular or special meeting with all terms ending on
January 31. All persons may be re-elected to office.
D. The President shall be elected by a majority vote, and shall preside at all
meetings.
E. (The Vice President shall be elected by a majority vote, and shall preside
at meeting upon the President’s request).
F. The Secretary (-Treasurer) of the Council shall be elected by a majority
vote, and shall prepare the minutes of the monthly or special meetings.
The minutes shall include a list of attendance, including Neighborhood
Representatives, guests, and members of the public, and a summary of all
business and discussions undertaken.
G. Amendments and changes to the Bylaws may be adopted during any
regular meeting following a two-thirds vote and provided that the
revisions are submitted to the Council no less than two weeks in advance
of the meeting.
H. A list shall be kept of those showing strong interest in serving on the
Council. This list shall be consulted when new members are nominated.
Attendance
Regular attendance of all meetings is considered crucial for contribution to the Inter-
Neighborhood Council, and is a requirement for membership. No more than three (3)
absences within a one-year period without a previous explanation made to the President
(or Neighborhood Coordinator) will be permitted during the course of a full, two year
term of membership. Attendance will be recorded at each meeting and included in the
minutes.
Conflict of Interest
Any member who has, or expect to have, a pecuniary interest in a nomination proposal or
undertaking relating to the INC’s general role and responsibility as stated in the Mission,
shall publicly declare his/her potential conflict of interest and the conflict shall be
resolved through discussion among the INC members. Pecuniary interest shall be
defined as the (flow of resources, loss of resources, or savings of resources) which may
result from the action of the member.
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Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Sara Folger
Chris Kukulski, City Manager
SUBJECT: FYI follow up on Peet’s Hill Parking Lot COA recommendations
MEETING DATE: January 29, 2007
BACKGROUND: On November 20, 2006, upon voting to approve the Peet’s Hill Parking
Lot Sketch Plan and Certificate of Appropriateness Z-04112-A, City Commission directed staff
to review the plans and ensure the following:
1. That the vegetative buffer on the north edge of the site is redone to prevent growth
reaching high enough to block solar panels on the adjacent resident’s house;
2. That the lighting in the parking lot, if allowable under standards and approved by the
Police Department, remain close to the LEED standard; and
3. That the alley is connected to the parking lot as shown on the plat.
RECOMMENDATION: Staff will present revised drawings to illustrate that all 3 of these
Commission recommendations have been met. No Commission action is required.
FISCAL EFFECTS: None.
ALTERNATIVES: As suggested by the Commission.
Respectfully submitted,
_________________________________ ____________________________
Andrew Epple, Chris A. Kukulski, City Manager
Director of Planning and Community Development
Report compiled on January 23rd, 2007
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