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HomeMy WebLinkAboutsplit test_Approve Resolution 4012, Authorizing Supplemental _4 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Brit Fontenot, City Clerk SUBJECT: Resolution 4012, Authorizing Supplemental Funding for “Bustle–Back” Style Public Transportation Buses and Funding for More Public Transportation Bus Shelters. MEETING DATE: April 9, 2007 RECOMMENDATION: Adopt Resolution 4012, authorizing supplemental funding for both the “Bustle –Back” style public transportation buses and more public transportation bus shelters. BACKGROUND: On December 5, 2005 the Commission resolved to support public transportation services in the City of Bozeman. On February 21, 2006 the Commission approved a $45,360 allocation as a local match for the purchase of two yellow buses and four shelters. On March 26, 2007, David Kack, Chairman of the Streamline/Galavan Advisory Committee and Lisa Ballard, coordinator for the Streamline bus system updated the Commission on the Streamline ridership statistics and requested $17,858.52 in additional, local match funding for the “bustle-back” style public transportation bus. Ms. Ballard requested an additional $3,360 for the construction of more public transportation bus shelters. The Commission agreed that the “bustle-back” style of public transportation bus will be a unique attraction in the City of Bozeman, important to courting the ridership of both citizens and tourists and therefore represents a sound investment in the community. Finally, the Commission agreed that public transportation bus shelters represent an important component to any public transit system. FISCAL EFFECTS: Approval of Resolution 4012 would require the allocation of an additional $21, 218.52 to the previously budgeted $45,360 in FY07. This money would come from the General Fund most likely paid for with vacancy savings. ALTERNATIVES: As suggested by the Commission. Respectfully submitted, _________________________________ ____________________________ 22 Brit Fontenot, City Clerk Chris A. Kukulski, City Manager Attachments: Commission Resolution 4012, Commission Resolution 3877, Approved Minutes of the February 21, 2006 Commission Meeting and Draft Minutes of the March 26, 2007 Commission Meeting 23 COMMISSION RESOLUTION NO. 4012 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AUTHORIZING SUPPLEMENTAL FUNDING RELATED TO THE PURCHASE OF TWO “BUSTLE-BACK” STYLE PUBLIC TRANSPORTATION BUSES AND ADDITIONAL PUBLIC TRANSPORTATION BUS SHELTERS WHEREAS, at its regular meeting on the 5th day of December 2005, the City Commission of the City of Bozeman, Montana adopted Resolution 3877 in support of public transportation services; and WHEREAS, at its regular meeting on the 21st day of February 2006, the City Commission of the City of Bozeman, Montana authorized the allocation of $45,360 as a local match for the purchase of two yellow buses for local public transportation and four public transportation bus shelters; and WHEREAS, at is regular meeting on the 26th day of March 2007, after hearing the request of Streamline/Galavan Advisory Committee for additional funding specifically for the “bustle-back” style bus in the amount of $17,858.52 as a local match for two buses and $3,360 for the construction of additional shelters, the Commission agreed that the “bustle-back” style of public transportation bus is unique and therefore a sound investment in the community and public transportation bus shelters represent an important component to any public transit system. NOW, THEREFORE, BE IT RESOLVED that the Bozeman City Commission hereby authorizes supplemental funding in the amount of $17,858.52 in addition to the original allocation of $42,000 as a local match for the purchase of two “bustle-back” styled buses and $3,360 in addition to the original allocation of $3,360 for the purchase of additional public transportation bus shelters. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the_____ day of_______, 2007. _____________________________________ JEFF KRAUSS, Mayor ATTEST: ______________________________________ Brit Fontenot City Clerk APPROVED AS TO FORM: ___________________________________________ PAUL J. LUWE City Attorney 25 COMMISSION RESOLUTION NO 3877 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN MONTANA IN SUPPORT OF PUBLIC TRANSPORTATION SERVICES WHEREAS the Public Transit Stakeholders Advisory Board the Advisory Board continues to investigate opportunities for a public transportation system in the greater Bozeman area recognized as but not limited to the Belgrade Bozeman Four Corners triangle the Greater Bozeman Area including the possible formation of an Urban Transportation District UTD and WHEREAS HRDC Galavan and ASMSU desire to provide additional public transportation opportunities for the citizens of and visitors in the Gallatin Valley while the Advisory Board and Governmental Entities determine what the best long term public transportation system will be for the Greater Bozeman Area and WHEREAS to provide additional service HRDC Galavan and ASMSU desire to apply to the Montana Department of Transportation MDT for funds available under the Federal Transit Administration Section 5311 Section 5311 Funds in order toform and operate a public transportation system in the Greater Bozeman Area on an interim basis the Interim System and WHEREAS the application for Section 5311 Funds the Application requires proof that the local public officials designate only one applicant in a service area and in this area the local public officials are 1 the Gallatin County Commission 2 the Bozeman City Commission and 3 the Belgrade City Council collectively the Governmental Entities and WHEREAS if the Governmental Entities designate another governing body or organization to operate the public transportation service in the Greater Bozeman Area other than the HRDC Galavan then HRDC Galavan has agreed that it will transfer the capital equipment it acquired with the Section 5311 Funds together with any assets it acquired with matching funds from the Governmental Entities to that new entity NOW THEREFORE BE IT RESOLVED that the Bozeman City Commission recognizes and designates the Human Resource Development Council District IX HRDC tobe the recipient ofSection 5311 funds in the Greater Bozeman Area The City Commission adopts the foregoing resolution based upon the following understandings 1 The HRDC Galavan will be solely responsible for owning operatingmaintainingandinsuringtheassetsusedtooperatetheInterimSystem 2 The HRDC Galavan will be solely responsible for all liability associated with owning operating and maintaining the vehicles used to provide the public transportation system contemplated by the Interim System 3 HRDC Galavan shall be solely responsible for employing or contracting for drivers to operate the vehicles used for the Interim System and for maintaining the vehicles 4 In the event the citizens of Gallatin County vote to create a UTD that encompasses the Greater Bozeman Area the HRDC Galavan will a convey to the UTD 26 all ofthe assets they acquired with the Section 5311 and b will take all other reasonable and necessary actions to have the UTD designated as the sole public transit provider for the Greater Bozeman Area 5 In the event the Governmental Entities designate another governing body or organization to operate the pUblic transportation service in the Greater Bozeman Area other than the HRDC Galavan including but not limited to a UTD then HRDC Galavan has agreed that it will transfer the capital equipment it acquired with the Section 5311 Funds together with any assets it acquired with matching funds from the Governmental Entities to that new entity and 6 The HRDC Galavan will abide by all relevant rules and regulations pertaining to public transportation including those specified under 49 U S C 5310 49 U S C 5311 and those specified by the Montana Department of Transportation PASSED AND ADOPTED by the City Commission of the City of Bozeman Montana at a regular session thereof held on the 5th day of December 2005 L CETRARO MayorA ATTEST RO IN L SULLIVAN City Clerk 2 27 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN MONTANA February 21 2006 The Commission of the City of Bozeman met III regular session in the Community Room Gallatin County Courthouse 311 West Main Street on Tuesday February 21 2006 at 6 00 p m Present were Mayor Jeff Krauss Commissioner Sean Becker Commissioner Jeff Rupp Conllni ioner Steve Kirchhoff Commissioner Kaaren Jacobson City Manager Chris Kukulski Assistant City Manager Ron Brey Director ofPublic Service DebbIe Arkell Director ofFinance Anna Rosenberry Director of Public Safety Police Mark Tymrak Director of Public Safety Fire Chuck Winn Plannmg Director Andy Epple City Attorney Paul Luwe and City Clerk Rohin Sullivan The meeting was opened with the Pledge of AllegIance and a moment of silence Minutes AUlust 1 AUlust 15 September 6 September 12 December 5 and December 12 2005 and Januarv 17 Februarv 6 and Februarv 13 2006 Mayor Krau s indicated that while he will vote for approval of the minutes hc does not support approval of the December 12 2005 minutes as submitted It was moved by Commissioner Becker seconded by Commissioner Rupp that the minutes of the meetings of December 12 2005 and February 13 2006 be approved as submitted The motion carried hy the following Aye and No vote those voting Aye being Commissioner Becker Commissioner Rupp Commissioner Kirchhoff Commissioner Jacohson and Mayor Krauss those voting No being none Mayor Krauss deferred action on the minute of the meetings of August 1 August 15 September 6 September 12 and December 5 2005 and January 17 and February 6 2006 to a later date Consent Items City Manager Kukulski presented to the Commission the following Consent Items Acknowledle receipt of staff report annexation of 15411 acres at northwest corner of intersection of Griffin Drive and Manlev Road Manlev Commercial Partners LLC A 05014 Commission Resolution No 3889 intent to annex 15 411 acres at northwest corner of intersection of Griffin Drive and Manlev Road set public hearinl for March 20 2006 COMMISSION RESOLUTION NO 3889 A RESOI UTION O THE CITY COMMISSION O 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 11 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 TDEREO 02 21 06 28 2 Commission Resolution No 3890 intent to amend the Bozeman 2020 Community Plantoadoptasubareaplanfor510locatedontheeastandwestsidesofHiehlandBoulevardnorthofKalvBoulevardsouthofEllisStreetandwestofBozemanTrailRoad COMMISSION RESOLUTION NO 3890 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMANMONTANASTATINGTHECITYSINTENTTOAMENDTHEBOZEMAN2020COMMUNITYPIANBYADOPTINGASlJBAREAPLANFOR510ACRESLOCATEDONTHEEASTANDWESTSIDESOIjHIGHLANDBOULEVARDNORTH0KAGYBOULEVARDSOUTHOFELLISSTREETANDWESTOFBOZEMANTRAILROADINTHECITYOFBOZEMANGALLATINCOUNTYMONTANA Commission Resolution No 3891 intent to amend the Bozeman 2020 Community PlantoamendthelandusedeshllationasshownontheFutureLandUseMapfromFutureUrbantoNeilhborhoodCommercialforapproximately3acrestoBusinessParkforapproximately20acresandtoResidentialforapproximatelv217acresIvinlnorthofHuffineLaneandlocatedat8553HuffineLane COMMISSION RESOI lJTION NO 3891 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMANMONTANASTATINGTHECITYSINTENTTOAMENDTHEBOZEMAN2020COMMUNITYPIANBYAMENDINGTHELANDUSEDESIGNATIONFROMFUTUREURBANTORESIDENTIALFOR217ACRESTONEIGHBORHOODCOMMERCIAFOR3ACRESANDTOBUSINESSPARKFOR20ACRESLYINGNORTHOFHUFFINELANEANDLOCATEDAT8553HUIjFINELANEGALLATINCOUNTYMONTANA Authorize Mavor to siln Findinls of Fact and Order for denial ofthe Amended Plat ofLelendsatBridlerCreekSubdivisionmodifyconditionsofapprovaltoremoverestrictedsizelotRSLdesilnationnortheastcornerofintersectionofStOryMillRoadandBovlanRoad Authorize Mayor to siln Findinls of Fact and Order for Pebble Brook MinorSubdivisionfurthersubdivide477acresatthesoutheastcorneroftheintersectionofBaxterLaneandlerlusonAvenueextendedintofourlots Approval offinal plat for PebbleBrook Minor Subdivision further subdivide 4 77 acresatthesoutheastcorneroftheintersectionofBaxterLaneandFerlusonAvenueextendedintofourlots Approval of final plat for Valley West Subdivision Phase 3A subdivide 19 69 acresextendilllsouthwardfromDurstonRoadbetweenFerlusonAvenueandCottonwoodRoadinto96residentiallotsparkandopenspacelotsandoneremainderlot Approval of final plat for Valley West Subdivision Phase 38 subdivide 2 14 acresextendinlsouthwardfromDurstonRoadbetweenFerlusonAvenueandCottonwoodRoadinto7residentiallots Approval of park master plan for Mill Park W 117 acre park bounded by North IdaAvenueFrontStreetandEastAspenStreetfortheIreilhtlLoftsproiect 02 21 0629 3 Approval of park master plan for Vallev West Subdivision for the parks IviUl with the subdivision which extends westward from Fenmson Avenue between West Babcock Street and Durston Road Authorize City Mana2er to si2n Acceptance of Sanitary Sewer Pipeline and Access Easement and A2reement from Kevin Ha2eertv 30 foot wide easement across Tract 1 COS No 1182 extendin2 northward from Stucky Road for Meadow Creek Subdivision Authorize City Mana2er to si2n Acceptance of Sanitary Sewer Pipeline and Access Easement and A2reement from Marshall and Luann Bennett Robert L Weiss Don Harrv Miller and Jane L Schaaf extendin2 southward from Stucky Road for Meadow Creek Subdivision Authorize Mavor and City M lOa2er to sien Aereement between State of Montana and City of Bozeman for 5 500 2rant for historic preservation pr02ram for Fiscal Year 2006 2007 Commission Resolution No 3892 authorize City Manager to si2n Chan2e Order No 3 for North 19th A venue V allev Center Road improvement proiect add 17 16646 and no calendar days COMMISSION RESOLUTION NO 3892 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN MONTANA APPROVING ALTERATIONMODIFICA TION OF CONTRACT WITH JTL GROUP INC BELGRADE MONTANA Confirm re appointment ofTim Ford as ioint City County appointee to the City County Board of Health with a three year term to expire on January 5 2009 Application for special permit for beer and wine license Friends of KGL T Emerson Cultural Center March 23 2006 Building Inspection Division report for Januarv 2006 Claims It was moved by Commissioner Rupp seconded by Commissioner Kirchhoff that the Commission approve the Consent Items as listed and authonze and direct the appropriate persons to complete the nece sary actions The motion carried by the following Aye and No vote Those voting Aye being CommIssioner Rupp Commissioner Kirchhoff Commissioner Jacobson Commissioner Becker and Mayor Krauss those voting no heing none Public comment No comment was received under this agenda item Request for 2rant match for purchase of vellow bus GalaV an Included in the Commissioners packets was a memo forwarding a request for a local funding match for a grant application to acquire busses for a public transit system David Kack Western Transportation Institute distrihuted a handout to the Commissioners He asked for assistance in creating a general transportation system for Bozeman He identified HRDC as the recipient 02 21 0630 4 of the federal transit funds They are leveraging the money that GalaVan gets from Bozeman Belgrade andUnitedWayalongwithmoneyfromASMSUtocreateapublictransitystemthatwouldalsoincludetheFourCornersareaThefederalgovernmentpaysfor86ofeachbusandthebussesare150000eachsothelocalmatchis21000perbuHerequeteduptotwobussesandfourpassengersheltersatacostofabout6000eachtheCItySshareoftheshelteris3360 Responding to questions from Commissioner Becker Mr Kack noted that these are not challengegrantsThetategetsmoneyfromthefederaltransitfundandHRDCthenasksthestateforthefederalmoneyTheamountthatHRDCcontributeshasbeenreducedfrom28to14orandtheDOTisconfidenttherequestswillbefundedandifnotfundedthemoneywillbereturnedtotheCity Deepu Philip ASMSU stated that the students want to help with the system and have put up 90 000andtheyareaskingtheMSUleadershiptocontributeaswellTheyhopetostartthetransitbythiscommgfall Jarvis Brown Transit Now raised concerns about the reliability and maintenance He questionedwhetherthesebussesare7yearbussesandnotedthatlargertownsbuyl2yearbusses Mr Kack responded that the vehicles are 1 O year busses He stated that these busses cost 150 000 andthe12yearbusisabout250000TheamountcontributedisuptotheCommissiontwovehiclesandfourpassengersheltersis45360whileonevehicleandfourpassengersheltersis24360 Responding to questions from CommIssioner Becker the City Manager replied that the City provides57000toGalaVanandthemoneybeingrequestedisinadditiontothemilThisisaonetimecontributionWhethertheCitywillbeapproachedforadditionalfundsissomethingtobelookedatinthefuturethepastCommissionhassuggestedthatweseehowsuccessfultheprogramisastowhethermorefundsarematchedforadditionalbusses Responding to questions from Commissioner Jacobson the City Manager noted that this comes underthecurrentfiscalyearHenotedthatthereis100000inthegeneralfundcontingencyandthisiswherethe money would come from no amendment to this year s budget would be needed Mayor Krauss said that two years ago the Commission was asked to support and they votedunanimouslyandheispreparedtovotefortwobussesthistimeaswell It was moved by Commissioner Kirchhoff seconded by Commissioner Jacobson that the Commission approve the purchase of a yellow bus The motion carried by the following Aye and No vote those voting AyebeingCommissionerKirchhoffCommissionerJacobsonCommissionerBeckerandMayorKraussthosevotingNobeingnoneCommissionerRuppabstainedduetoaconflictofinterest Presentation from Recreation and Parks Advisorv Board regardinl parkland dedication Included in the Commissioners packets was a memo from Assistant CityManager Ron Brey fOlwardinginformationonpoliciespertainingtoparklanddedicationrequirementsandeashinlieuthatdonotseemtobeworkingwell Assistant City Manager Brey noted that over a year ago work on updating the PROST plan wasundertakenandtheyhaveworkedthroughsomeissueswhilesomeneedpolicychangestoputthemostbeneficialplaninplaceparticularlyintheareasofcashinlieupaymentsdonationofparkIandsanddedicationofparklandsThesewillfallintonextyearsbudgetattheearliestatthedirectionoftheCommissionHenotedthatmostofthechangeswillinvolveanAttorneyGeneralsopinionandstafftimeandstaffiscurrentlyseekingCommissiondirectionandsupport Mr Sandy Dodge Chair ofthe Recreation and Parks Advisory Board clarified that one ofthe problemsisthatthereISnotamethodofparklandacquisitionotherthandedicationHecalledattentiontosomeproblemsthatwereclarifiedinthewritteninformationdIstributedtotheCommissionersThekindsofparksthattheCity 02 21 0631 5 needs do not necessanly fit into subdivislon and aren t going to be built in ubdivisions There are also problems with cash in lieu The amount of money varies from 26 000 per acre to 87 000 per acre There is no predictability for developers or subdIvision reviewers Historically the city gets about 50 cents per dollar for what they can buy through cash in lieu payments and when momes are accepted that parkland is gone forever This makes it dIfficult for the Board to support cash in lieu becau e it s not a good deal for the City When looking at developments that are high or low density cash in lieu is the obvious solution The Board is looking for an opportunity to pursue parkland and a better system for determming cash in lieu that will be fair and predictable and an amount that is fair to the City They want authoriLation to pursue attempts to acquire parkland in other ways If there were other ways to acqUIre parkland then the Board could look more closely at them Commissioner Kirchhoff responded that the current system is broken for the reasons outlined The alternatives seem to be that the City could deCIde what parkland they want price It and then seek to get that cost per acre as cash in lieu Another option is a parkland acquisition district The po ible result is that if that system is established and the CIty wants another complex and pushes the cash in lieu 600 to 700 acres could he developed without a park Mr Dodge responded that it is key that we need to buy parkland and not save up money The City is looking for infill development and greater density As we do this the need for parb increases and we need to protect the parkland Responding to questions from Commissioner Kirchhoff Mr Dodge stated that we would need to check land prices at least annually but the more often we do it the less predictable the cash in lieu system will become He further noted that they are looking for a go ahead hefore they come up with much more specific answers Commissioner Kirchhoff thinks a task force is a good idea and he 11llagmes the task force taking six months to come up with recommendations and another three months for the Commission to adopt Meanwhile staff is rewriting the Bozeman 2020 Community Plan and something is needed in the meantime Responding to a question from Commissioner Jacobson Mr Dodge noted that wIth mfill development development would be approved without getting parkland but with large high density subdivisions there would be a mixture ofdedicated parkland and cash in lieu hecause of the need to meet acreage demands Mr Dodge noted that the Board would want to see the dollar amount increased before it was accepted hy the Commission Mayor Krauss stated that the cash in lieu system is governed by statue He said one of the big issues is that we really can t huy much with the cash in lieu funds we receive or at lea t nothing really worthwhile Cash in lieu is the value ofthe raw land divided by the cost of a city park The policy to not take cash in lieu and is probably a good idea Mr Dodge noted that the Board generally discourages cash in lieu but sometimes it s a good idea Mayor Krauss noted that he wishes to explore the legal issues He also stre ed the need to work with the school district when identifying the types of lands we need and to find land around schools particularly since a recent law allows developers to dedicate land to schools The idea of a task force working with the school district has some merit and active recreation lends itself to this type of parklands soccer fields versus trail corridors or mini soccer fields As density increases the amount of parkland development becomes prohibitive creating a Catch 22 situation The Mayor noted that he would like to see more work done on most of these issues Assistant City Manager Brey turned attention to the resources to take care ofthe parks There are two types ofparks parks that require maintenance and those that don tThe City is placing some maintenance with homeowners associations One option under statute is creation ofa park maintenance district which must be placed before the electors Other issues are what the funds can be used for and the maximum assessment A final part is that the district must be operated in the same way as a SID reqUIring an annual assessment He indicated that while thIS statute has been on the books since 1999 no City has implemented a district under 02 21 0632 6 it He also reminded the Commission that the first step will be a giant step backwards because the City will need to take over maintenance for parks that have been placed under the maintenance of homeowners associations The City has been approving development with language that notes the homeowners association requirement to maintain the parks ends when a maintenance district is established by the City He further stated that the current maintenance is uneven and some parks are taken better care of than others He proposed that the City create a supplemental fund to go along with the gencral fund He believes that if we create a separatefunditwillbeObVIOUStotheelectorswhatthemoneywillbeusedforHenotedthattheyarerequestingCommissiondirectiontolookatparklanddedicationsissueswhilecashinlieuwilltakemoreeffortandthere are statutory requirement to look at Responding to questions from Commissioner Becker Mr Dodge indicated that these concerns are not belllg addressed through the update of the PROST plan Commi sioner Beckernoted that he wants to see the percentage ofBozeman that is under homeowners associations and the percentage of new construction that i under homeowners assocIations He noted that if we can identify what people are paying for fees and what the impact would be for them we can come up with a prudent model that might have preclllcts or sections He also suggested perhaps we could have specIficdistrictsvoteonwhetherornottocreateaparkoverlaydistrict Assistant City Manager Brey responded that he has not heard ofthis but does not know ofa prohibition Commissioner Becker suggested that this could be investigated He suggested looking at volunteers somethlllg that is not really addressed now Responding to que tions from Commissioner Becker Assistant City Manager Brey stated the City is allowed to use private services for maintenance Commissioner Rupp stated agreement in moving forward He further said that he feels it s his responsibility to inform the public about the possibilities of future taxes Mayor Krauss noted that he got elected to make the decisions on issues like these and he feels the parkmaintenancedistrictisalittlebitbehindItsoundslikeitcouldcostaconsiderableamountofmoneytoassume what is being maintained by the homeowners associations He suggested that the City try to get the cooperation of the schools on how we maintain our parks He also stated that we need to see more volunteerism adopt a street adopt a trail etc Mayor Krauss noted that the last time the City worked with other groups to create a park was the regional park Assistant City Manager Brey stated that the Board can come with a recommendation on memhershipforataskforcewithitscreationgoingthroughtheusualCommissionprocess It was moved by Commissioner Jacobson seconded by Commissioner Becker that the Parks and Recreation Advisory Board work with City staff to bring before the Commission a recommendation for memhership for a task force to review cash in lieu park acquisition and parks maintenance and to answer questions raised by the Commission The motion carried by the following Aye and No vote those voting AyebeingCommissionerJacobsonCommissionerBeckerCommissionerRuppCommissionerKirchhoffand Mayor Krauss those voting No none Preliminarv plat for Diamond Estates Subdivision No 2 Phases IIand III subdivide 82 19 acres located east of landers Mill Road and south of West Oak Street extended into 182 residential lots Gaston Engineerine and Survevine for Douelas Smith P OS071 This was the time and place set for the decision on the preliminary plat for Diamond Estates Subdivision No 2 Phases II and III as requested by Gaston Engineering and Surveying for Douglas Smith under Application No P 05071 to subdivide 82 19 acres described as a portion ofthe South one halfof Section 02w21 0633 7 3 Township 2 South Range 5 Ea t Montana Principal Meridian into 182 residential lots The ubject property is located east of Flanders Mill Road and south of West Oak Street extended City Manager Kukubkl requested that the Commission po tpone this discussion until latcr in the meeting He tressed the importance of taking action on this agenda item at this meetmg to avoid the possibility of a 2 2 tie vote which would prevent the Commission from acting and automatically pass the item due to the oO day tatutory limit Responding to que tions from Commissioner Rupp City Attorney Luwe noted that three votes are required to take actIOn and the Commission will be operating with four members for the next three weeks due to Commissioner KIrchhoff being away The City Manager noted that state statute says that if a project isn t acted upon within the time frame it is automatically approved He stated that staff has just requested this be postponed and he isn t sure this is in the best interests of the City He sugge ted rather that if it s voted down then the project can be brought back up in a few weeks or a Commis ioner can bring thi back up at a later date Mayor Krauss postponed this di cussion due to the scheduled public hearing Break 7 15 to 7 25 p m Mayor Krauss declared a break from 7 15 p m to 7 25 p m in order to prepare for the scheduled public hearings Reconsider motion for bus purchase It was moved by Commissioner Jacobson seconded by Commissioner Becker that the Commission reconsider Its prior motion The motion carried by the following Aye and No vote those voting Aye being Commissioner Jacobson Commissioner Becker Commissioner Kirchhoff and Mayor Krauss those voting No none Commissioner Rupp abstained It was moved by COmmiS IOner Jacobson eeonded by COmmiS IOner Becker that the Commission approve the purchase of two yellow busses and four pedestrian shelters The motion carried by the following Aye and No vote those voting Aye being Commissioner Jacob on Commissioner Becker Commissioner Kirchhoff and Mayor Krauss th05e voting No none Commissioner Rupp abstained Growth Policy Amendment establish sub area plan on properties located aIODl Story Mill Road east and north of Brideer Creek Subdivision Bechtle Slade PC for Churn Creek Partners P 05056 This was the time and place set for the continued publIc hearing on the Growth Policy Amendment requested by Bechtle Slade PC for Churn Creek Partners under Application No P 05056 to establish a sub area plan on 810 acres lying in the South one half of Section 29 and Section 30 and the North one half of Section 32 Township 1 South Range 6 East Montana Principal Meridian The subject properties are located along Story Mill Road east and north ofBridger Creek Subdivision Public hearing Mayor Krauss reopened the continued public hearing Planning Director Andy Epple presented the staff report He noted this is a proposed amendment to the land use designation in the Bozeman 2020 Community Plan He stated that a sub area plan deals with a quarter section or larger whIle a neighborhood plan deals with a small area generally already developed This plan is for 810 acres including 313 acres of Churn Creek development adjacent properties and properties across Story Mill Road One ofthe conditions for preliminary approval ofChurn Creek wasa general ized plan for a larger area including the area west of Story MIll Road and the Rugheimer property to the south The 02 21 0634 8 owners of Churn Creek were asked to develop a sub area plan with an emphasis on open space and transportation and trail connections Eight letters had heen received with trail connectivity less density largerlotsizesdarkskIesndgelinesandtrafficonStoryMillRoadandNorthRouseAvenuebeingtdentifiedas key issues Planning Director Epple reported that staff recommends approval with contingencies and advisorycommentsThePlanningBoardhcldapublichearingandafteralotofpuhlicinputrecommendeddenial The Planning Board recommended that the developcrs draft a suh area plan for the landfill and adjaccntRugheimerproperty Director Epple emphasized that the fundamental question is whether thIS property should be annexed and whether it should he residential and should he included in Bozeman 2020 Communitv Plan and he zoned RS which is the lowest denSIty In granting prcliminary approvals the Commission imposed the requirementthattherebeasubareaplandevelopedandapprovedpriortofurthermovementforward Director Epple noted this is the first sub area plan brought forward in this manner and identIfied the options available to the Commission which include approval disapproval which will preclude annexation and mUnIcipal zoning or table with direction to the applicant He concluded by stressing the importance of providing clear direction to the applicants Mr Ron Slade architect stated that they have been through a growth policy amendment and a zone map amendment and they have been receiving approval across the hoard He clarified that the Planning Board felt that it wasn t right for the applicant to he planning other people s property The Commission approved thepreviousapplicationafterthePlanningBoardhadgivenunanimousapprovalofthedesignThereasonsthe Board recommended denial is that they felt it was not appropriate for the architect to draft the plan even though that plan had been directed hy the Commission He stated that the original condition for a sub area planhasopenedthedoorfordenialoverallTheyhavedoneeverythingtheCommissionandthePlanningBoardhasaskedofthem Mr Slade summarized the project as being concerned with many aspects of sensitive development ThedevelopmentisgoingtousedripirrigationmaximIzeundisturbedlandusepermeablepavingandincorporateconstructiontechniquessuchashighefficiencytoiletsnontoxicpestcontrolEnergyStarapplianceslocal sources for materials limited materials taken to the landfill and orienting homes to maximIze passive solar heating Steve Ziegler 2531 Whitetail Road stated concern for the growth trend to the north and the possibilityofhavinguptotwothousandhousesontheBridgerbenchHealsoidentifiedwatersewertrafficdensityand impacts upon wildlife as concerns Charles Petrie 3365 Deer Creek Drive noted that well planned development goes along with increased economic development He wants to preserve low density development which will result in decreased pressure on wildlife increased wildlife habitat greater areas of open space and less impact on the viewshed He wants to see a less dense development because this development is in everybody s back yard He finished by statingthatdevelopmentinfoothillsisirreversibleandshouldbedonecorrectlywithallofthecommunitysinput Pat Martin 2771 Deer Creek Drive suggested that a community plan needs to be developed for the foothills area He noted that the Planning Board recommended denial This project seems to be consultant driven instead ofcommunity driven and added that he wants to see lower density and voiced favor of denial Larry Merkel Churn Creek resident stated concern for the lack ofan overall plan and the apparent lack of consideration concerning irrigation He indicated support for the previous speaker s comments and noted that he is not against the development but wants to see a higher quality Dave Shaman 410 North Willson Avenue questioned the awareness ofwildlife corridors and habitat as well as the viewshed Erin Riles a graduate student studying riparian issues stated concern for sewage noting the underlyingrockismostlygravelandfracturedlimestoneandconcernaboutdrainageintotheEastGallatinRiver 02 21 0635 9 Paul Rugheimer 506 Oxford Dri ve noted that there are neither standards in place nor policies to follow in dealing with sub area plans He was suggested that there should be binding language as well as how specIfic the plan should be and whether the plan should include infrastructure networks He raised concerns about the lack ofprocedure namely that nothing is in place if something needs to be changed lateLHe stated agreement with the Churn Creek development tating that this area isideally suited for reSIdential development He noted that the land is mostly brown and rocky and not good for agrIculture and urged the Commission to drop the sub area plan requirement and approve the development without that requirement Frank Carter 120 Twin Pond Lane questioned why the Commission would want to annex this property He also expressed concern about the ability of the Bozeman 2020 Community Plan to be amended so easily He asked that the Commission carefully consider the zoning of the entire area statlllg that maybe a new R 20 or R lO LOning designation might be appropriate Jennifer MadglC County Planning Director stated the County prefers that this type ofdevelopment be handIed by the City She tated that from a planning perspective it make en e that the City handle the development becaufeofthe services it has available The Commission has an opportunity to consider the R S district to be flexible or the City can consider a rural type of configuration but this is the right area for annexation and development Stacey Ziegler 2531 Whitetail Road questioned whether it is it approprIate to expand into our scenic foothills She also suggested that the Commission look at the concerns about water and traffic on Story Mill Road She said that the foothills are the last places that we should be expanding into Don Jack on 1280 Story Mill Road asked the City to look at the review criteria in Section 6 1 3 noting is has specific review criteria before a growth policy amendment can be done He feels the hias has been towards the land developers and questioned why the ub area plan terminates where it docs He noted that this will set a trend and stated he does not feel infra tructure issues have been adequately addressed Brian Dingman 8645 Lookfar Way stated that the developers goal is to present the subdivision in a fashion to gain approval and their goal is to make money and requested that the Commission consider the other factors in their decision Judith Heilman stated that he is afraid that what happened in the Silicon Valley area ifhappening here the green areas are giving way to pavement She hrought up the need to have enforceable criteria for homeowners associations to operate by She also stated concern about losing the bright skies and the wildlife interaction She encouraged the City the County and the citizens to work together in the planning process Peter Rugheimer 1404 Story Mill Road noted that Churn Creek is going to be developed whether it s in the City or the County He cautioned that you will get sprawl if it develops in the County and you still see the houses but lose the control In the City the Commission has the control and they get to decide where everything is as well as connectivity In the County you will get 20 acre parcels with no trespassing signs He noted that the developers need and want Commission direction He noted that the ridgcline requirement was met after City staff told the developers that they didn t want lighting seen from town and mature vegetation will obscure the houses Jim Squyres 8652 Lookfar Way stated that density is the focus He took a look at the plot map of the Bridger Mountain Estates and noted that they are 20 acre lots and that s not the norm He noted that 2 6 acres is less density than what Churn Creek is putting together It s a high quality approach and they will be good people to work with density is something that ha to be discussed Doing it smart and having a good plan makes sense If you apply the size ofthe lots to the development you d be in the neighborhood of 120 lots not 300 and he questioned whether that is cost effective for the developers Brian Leland 528 North Bozeman Avenue mentioned being concerned with the final cost to city residents He thinks the developer needs the City more than the City needs this development and questioned whether it can be developed He noted that if the Commis ion approves this development It is locking the City into providing water and sewer questioned how water will be extended to the site He stated concern for the 02 21 0636 10 road network and the traffic He concluded by encouraging the Commissioners to look at the best deal for the City of Bozeman the taxpayers and the electors Hallie Rugheimer 1404 Story Mill Road stated support for the plan She stated that there have been six reviews over the last eighteen months She has attended everyone of the meetings and the applicants have received unanimous approval Commissioners Youngman and Kirchhoff supported this numerous tllnes The applicants have gotten the idea that the governing bodies approve this The Planning Board did not turn down the zone map amendment or annexation and the Planning Board supports this but they did not like the sub area planning process or requiring the developer to plan the Rugheimer property and the landfill The sub area plan proce s is flawed and needs to be fixed and is not supported by the Planning Board She noted the RugheimershavemetwiththedevelopersandsupporttheirdevelopmentproposalSheidentifiedtheprosandconsof being in the city versus the county the pros being ridgcline protection trails to the mountalOs groundwaterprotectionStoryMIllimprovementstaxesno20acreranehetteandaffordablehousingtheconsbeingmore densIty 10 the development She suggested that the City fix the sub area plan process before they apply it to another developer She also requested that if the City doesn t support this then they should table it develop a density lirmt and mutually agree to it She noted that the comments tonight have come from people who live in the viewshed and now want to protect it There hcing no Commissioner objections Mayor Krauss closed the public hearing Ron Slade noted that a resident may dnll a well on his lot and the restrictive eovenant would allow no additional wells beyond the city hook up He indicated that improvements will be made to Story Mill Road and in four to seven years the City will likely improve the road network beyond what the developers are going to do The applicant is willing to work with the community as evidenced by the three neighborhood meetingsthathavebeenheldandtheadjustmentsthathavebeenmadeasaresultofcommentsfromthosemeetingsThe trails connections will provide one mile ofconnectivity to the mountains and the open space is 43 percent of the parcel Mr Slade said that when they started this sub area plan they were directed by staff to come up with road networks etc passive recreations designs and maybe a par 3 golf course His client went through the expense to gather the additional data They did the best that they could from a site analysis Sub area Plan B offered a series of passive use open space The Rugheimer property had a different design He also noted that there is a road plan Sub area Plan C suggested maybe an amphitheater and pa sive open space He stated that Hallie Peter and Lynn Rugheimer were a part of the discussions Paul Rugheimer didn t want to commit to having another developer plan their land Sub area Plans D and E reflect the Rugheimer input with densitydecreasmgfromwesttoeastTheRugheimerswereuncomfortablethattheCityhadappliedplanningsolutions on their land and he suggested that each property owner should be able to decide what happens to their land Mr Slade said that what they ve heard time and time again is that the sub area process offended more people than it made were happy To have had unanimous approval from the Planning Board and the entire Commission previously and to be on the verge of a possible denial seems unfair given all the hard work the stewardship the working with the neighbors and the eleven months they have been working on this He then requested legal counsel Mayor Krau s declined offering legal counsel Responding to questions from Commission Becker Director Epple stated that the developer had to return to the Planning Board and the Commission for final approval because when the Commission preliminarily approved the amendment to the Bozeman 2020 Community Plan they said that they wanted to see the Churn Creek property in the broader context ofproperties that are likely to develop in the near future The Rugheimers have developed some land south ofthe creek and with the landfill being reclaimed a portionofthatsiteispotentiallyavailablefordevelopmentGiventheexistingtractstothenorthitisunlikelythatthe City would expand into that area and to the east are the Dodge conservation easement and the Bridger CanyonZoningDistrictTheresultisthatitappearstheboundariesofChurchCreekwillbethelimitedofcityexpansionintheforeseeablefutureThepurposeofthesubareaplanistomakesurethatconnectivityofroads trails and open space is assured He concluded by stating that prior to final approval the Commission wanted to see a broader plan 02 21 0637 11 Responding to additional questions from Commissioner Becker Director Epple stated staff does not believe that development of the subject property will result in development of land from the M to Sypes Canyon because of the conservation easement and the zoning district that abut the suhject site He also noted that the subject property is not part ofthe Bridger Bench and in fact is more ofan island He suggested that unless this parcel is to remain as agricultural it should be annexed that was a decision initially made last fall hut with the requirement for this additional review He then indicated that the issues currently revolve around the land use plan He then confirmed that additional work needs to he done before the various processes can be completed Further responding to Commissioner Becker Planning Director Epple stated the City and the County are on the same page with traffic and water issues He indicated that through the annexation agreement the City could preclude the drilling of wells except for irrigation and thus help avoid potential environmental prohlems Commissioner Becker a ked about the final co ts of development to the community stating that he i concerned about mitigating service costs Director Epple responded that what the City departments do IS try to identify the aspects of development that should he borne by the developer and not the community A lot of the review process is to see what point the development has to stop and improvements need to he made The ruIc of thumb is that residential development does not completely pay its way in terms of tax revenues versus expenditures For every dollar in services demanded they are paying about 80 cents which commercial and industrial development pay ahout 140 or 1 80 for every dollar of services demanded Responding to questions from Commissioner Jacobson Director Epple noted that where there is already a subdivision in place the potential for further subdivision is minimal Churn Creek isunusual hecause it s a large piece in single ownerslllp so it can be developed He further responded that he s not familiar with whether there are other areas that might develop to the north although development to the east is re tricted hecause of the conservation easement and zonmg district City Manager Kukulski encouraged the Commission to contemplate some the values of both the City and the County and try to determine how those might best be matched Also he suggested adding a condition to not allow any wells to be drilled and a condition to ensure the ridgeline is protected With respect to riparian protectIon wetlands and wildlife corridors he noted this project has focused on these sensitive things The City Manager noted the CIty will likely grow to 80 000 over the next few years and as a result decisions should not be made based on 35 000 people inside city limits He suggested that maybe there is a place inside the city limits for density that allows for lower density development He brought up that the County Commission expressed interest in dealing jointly with the areas around Bozeman and suggested that the City use this development as an opportunity to work with the County rather than the City denying the project and allowing the County to assumejurisdiction thus losing all opportunity to have any say on it The CityManager concluded by noting that this area is contiguous to the city Responding to comments from Mayor Krauss Commissioner Kirchhoff noted that the sub area plan was one ofthe conditions ofapproval and final approval is contingent upon Commission approval ofthis plan Mayor Krauss noted that he voted for the requirement to prepare a sub area plan so he would better know how the whole area would develop not as a condition of approval of the growth policy amendment Commissioner Kirchhoff noted that it looks like he s changing hi mind on this application since he will he votmg opposite of his previous votes on this project He acknowledged that the City needs to annex areas ripe for development to ensure they are developed in a manner that does not preclude further expansion of the city He expressed concern that the City is no managing the shelf rather the shelf is managing the City He is also concerned about the cumulative impact that prior Commission decisions is having on the City with over 3 000 lots now ready to build on which will accommodate growth for the next three to five years at the current growth rate He concluded by stating it does not make sense to expand the city in every direction noting that he believes the result will be to negatively impact the community 02 21 0638 12 CommIs ioner Rupp stated that he docs not view this application as being consistent with where or how he feels the community should grow and as a result he will not SUPPOlt this application Commissioner Jacobson stated she shares Commissioner Rupp s concerns She was concerned when the annexation growth policy amendment and zone map amendment came before the Commission m AugustShequestionsthepotentialforreachingapopulationof80000notingshefeelsthatwaterwilllimitgrowthShefindstheBridgersareaveryimportantaspectofthecommunityprovidingasenseofplaceShedoesnot want to see the Bridger Foothills covered WIth houses and she is afraid that approval of this sub area planwouldopenthedoortothisandfuturedevelopment Commissioner Becker raised the issue of a park maintenance district suggestmg that the result could be to eliminate fees and provide better service He then noted this proposed development provides 42 percent open space and he finds that developing in the city i preferable to development in the county because ofthe additional requirements and protections He stated the concerns about water and the watertable will be even greater is ues if development does not occur inside city limits He then indicated that many of the concerns raised involve issues addressed at subdivision He conduded by stating he views this as an opportunity for the City and noted he wants to see the type of subdivision that best fits the area In response to Commissioner questions and concerns Mr Slade requested that the Commission delayitsdeciSIOnforthirtydaystogivetheapplicantanopportunitytorespond Responding to questions posed by Commissioner Kirchhoff Mayor Krauss stated that because of his time as County Treasurer he has a unique perspective on issues involving city and county zoning He noted that preservation of land and respect for existing landscapes is important and he finds this plan is innovative and responsive with 43 percent of the land being in open space and much of it accessible to the public He favors removing the requirement for a sub area plan which has triggered this public hearing process He noted the County Planning Director has urged the City to annex the property and provide for development within citylimitsHecautionedthatcaremustbetakentoensurethecityisnotsurroundedbyaringoflowdensitydevelopmentonwellsandsepticsystemsandthosepropertiesdonotcontributetowardthecostsofthecityservicesthattheyuseHefurthernotedthattheCityhasaskedtheCountytosendproposeddevelopmentcontiguoustothecitytotheCityforannexationpriortodevelopmentandtonotdosowouldbecountertothat prior action He concluded by stating that he had prevIOusly voted for annexation of this property and wIll continue to support annexation and development of this property within city limit City Manager Kukulski stated that if a majority of the Commissioners do not wish to approve this application then the decision should not be delayed for thirty days rather the Commission should take action at this time Responding to questions from Commissioner Becker Director Epple noted that density issues can be discussed more effectively now than at a future stage Commissioner Rupp noted that his decision is not based on the beliefthat 20 acre parcels is a better way to grow instead is based upon the application currently before the Commission He stated that he does not support this application noting he has not changed his position since this development was first proposed Commissioner Jacobson said that she believes the majority of the community does not favor this typeofdevelopmentandasaresultdoesnotsupportit Decision It was moved by Commissioner Beckerthat action on the sub area plan be tabled to March 27 and that direction be provided to the applicants regarding how it may need to be revised to gain approval by the Commission The motion died for lack of a second It was moved by Commissioner Rupp seconded by Commissioner Kirchhoff that the Commission approve the Growth Policy Amendment requested by Bechtle Slade PC for Churn Creek Partners under 02 21 0639 13 Application No P 05056 to establish a sub area plan on 810 acres lying in the South one half of SectIOn 29 and Section 30 and the North one half of SectIOn 32 Township 1 South Range 6 East Montana Principal Meridian subject to the following conditions 1 The Sub area Plan which addresses al1 contmgencies and recommendations by the City Commission shal1 be returned to the City of Bozeman Planning and Community Development Department within 45 days of a City Commission decision or the Sub area Plan shall be null and vOId 2 The applicant shall submit 4 bound copie of the Sub area Plan entitled Churn Creek Sub area Plan and a digital copy ofthe plan for review and approval by City Planning Staff prior to formal adoption of the annexation agreement The plan shall duplicate the format and content of the Bozeman Creek Neighborhood Plan 3 The resolution for the Growth Policy Amendment for formal adoption of the Sub area Plan shall not be drafted until the final draft of the Sub area Plan is revIewed and approved by City Planning Staff The motion failed by the following Aye and No vote those voting Aye being Cmmi sioner Becker and Mayor Krauss those voting No being Commissioner Rupp Commissioner Kirchhoff and Commissioner Jacobson Break 9 56 p m to 10 04 p m Mayor Krauss declared a break in accordance with Comnnssion policy Certificate ofAppropriateness to allow demolition oftwo story enclosed rear patio partial demolition remodel and relocation of existine detached four car earae e to become attached two car earae e construction of rearaddition with two covered porches and construction of4 foot and 7 foot hieh fences with deviations to allow rear addition and two car2ara2e to encroach 16 feet into required 20 foot rear yard setback and to allow 226 linear feet of fence exceedin2 6 feet in hei2ht on property line Michael Delanev and Ileana Indreland for 415 South Willson Avenue Z 0530l This was the time and place set for the public hearing on the Certificate of Appropriateness requested by Michael Delaney and Ileana Indreland under Application No Z 05301 to allow demolitIOn ofan enclosed rear patio and partial demolition remodel and relocation of an existing detached four car garage to become an attached two car garage with construction ofa rear additIOn with two covered porches on Lots 4 through 10 Block 2 Fairview Addition with deviations from Section 18 16 050 to allow the rearaddition to the existing house and the attached two cargarage to encroach 16 feet into the required 20 foot rear yard setback and from Section 1842 130 ofthe Bozeman Municipal Code to al10w 226 linear feet offence exceeding 6 feet in height to be located on the lot line The subject property is located at 415 South Willson Avenue Included in the Commissioners packets was a memo from Historic Preservation Planner Bristor requesting that the public hearing be continued to February 27 in light of the need to re advertise the project due to the addition ofrequested deviations Public hearing Mayor Krauss opened the public hearing It was moved by Commissioner Rupp seconded by Commissioner Jacobson that the public hearing he continued to February 27 per the staffs request The motion carried by the fol1owing Aye and No vote those voting Aye being Commissioner Rupp Commissioner Jacobson Commissioner Becker and Mayor Krauss those voting No none Commissioner Kirchhoff was out of the room 02 21 0640 14 Annexation of 75 acre parcel located at southwest corner of intersection of Huffine Lane and Cottonwood Road Covenant LLC A 05013 This was the time and place set for the public hearing on the request for annexation of a 75 acre parceldescribedasTract1CertificateofSurveyNo24andalloftheparcelsinCertificateofSurveyNo25as requested by Covenant LLC under Application No A 050 13 The subject property lies at the southwest corner of the intersection ofHuffine Lane and Cottonwood Road Public hearing Mayor Krauss opened the public hearing Associate Planner Susan Kozub presented the staff report She noted the applicant is seekingannexationwithamixofzoningdesignatIonsThereareevefitlbuildingscurrentlyonthesiteincludinga shed a barn and a warehouse and Baxter Creek begins on the northern boundary There has been no public comment received on the requested annexation The Planner noted that staff has reviewed this application in light ofthe goals and policies set forth in Commission Resolution No 3137 and staffs comprehensive findings arc contained in the written staff reportBasedonthosefindmgsstaffhasrecommendedapprovaloftherequestedannexationsubjecttothefollowingitemsbeingaddressedpriortoorinconjunctionwiththeannexationagreement I The Annexation Agreement shall include the following language from Chapter 18 60 of the Bozeman Municipal Code regarding the warehouse Whenever a lawful non conforming use of a building structure or land IS discontinued for a period of 90days any future use of the building structure or land shall be in conformity with the provisions of this title 2 The Annexation Agreement shall include the following language Existing mature vegetation shall be saved and relocated within the subject property to the maximum extent feasIble 3 The Annexation Agreement shall include the following language The existing barn shall be maintained in its current location and incorporated into the new site design If the barn IS not able to be incorporated into the new site design it shall be relocated to a park within the project boundaries If a structural report by a professional engineerindicatesthatthebarnisnotfeasibletorelocatethedeveloperwillberequiredto complete a Montana Historic Property Record Form for review by the local and state historic preservation offices 4 A cultural resource inventory or a letter from the State Historic Preservation Office indicating a cultural resource inventory is not necessary shall be submitted to the CityPlanningOfficewiththesignedAnnexationAgreement 5 The existing warehouse and residence shall either be connected to municipal water and sewer upon annexation ofthe property and availability ofservice or removed from the property The barn shall also be connected to municipal water and sewer if converted to a use which requires services 6 The landowner understands and agrees that to achieve the goals and objectives set forth in the Bozeman 2020 Community Plan any contiguous parks open space andor trails shall be extended to the annexed property and a Master Plan of Said parks open spaceandtrailsshallbeprovidedwiththesignedannexationagreement 7 The landowner acknowledges and agrees that future development will comply with the goals and policies of the Bozeman 2020 Community Plan and having recognized the 02 21 0641 15 City s concern for Implementation of progressive urban de Ign gUIdelines outlined in the Boz eman 2020 Community Plan for hoth commumty and neighborhood design a mastcr plan of the land use patterns and types for development of the property that addresses compatibility with and sensitivity to the immediate environment of the sIte and the adjacent neighborhoods relative to architectural de ign buIlding mass and height neighborhood identity landscaping historical character orientatIon of buildings and vi ual mtegration shall he provided with the igned annexatIon agreement 8 A detailed wetlands map and summary report shaIl he suhmitted for the suhject property with the signed annexation agreement The map must be depicted on an I X inch by 24 inch paper copy and a compact disk in accordance with Scction 18 56 050 Wetlands Mapping 9 That the applicant execute at the Gallatin County Clerk and Recorder s Office a waiver of right to protest creation of Special Improvement Districts for a City wide Park Mall1tenance District which would provide a mechanism for the fair and equitahle assessment of maintenance costs for city parks as paIt ofthe annexation agreement 10 At the time ofannexation the landowners shall pay all street and fire impact fees that are attributable to the structures At the time of connection to the City s water and sewer facilities the landowners shall pay all applicable water and sewer impact fees The applicants should be made aware that at the time of any further development on the properties the landowners or their successors shall pay all additional impact fees required hy Chapter 3 24 Bozeman Municipal Code 11 That provisions for water rights orcash in lieu ofwater rights in an amount determined by the Director of PublIc Service be provided in the annexation agreement whereby it is executed by the landowner prior to final suhdivision plat approval final site plan approval or issuance ofany building permits whichever comes first prior to the City Commission adopting the resolution of annexation and accepting the annexation agreement 12 The final annexation map and legal metes and bounds descriptions shall include the full width of all adjacent rights of way Note that the metes and bounds descriptions for adjacent rights of way must be described separately from that of the parcel The applicant is responsible for obtaining any required affidavits or signatures from the Montana Department ofTransportation MDT and or Gallatin County 13 The annexation agreement which addresses all terms placed on the annexation application by the City Commission shall be returned to the City ofBozeman Planning and Community Development Department within one year of a City Commission decision to annex the property or annexation approval shall be null and void 14 An annexation map titled Loyal Garden Annexation with a legal description ofthe property shall be submitted by the applicant for use with the Annexation Agreement The map must show the existing public utilities water ewer roadways and storm drainage improvements on the property adjacent developments subdivision name block and lots fIghts of way and public easements within and adjacent to the property The map must be supplied on a 1 IS inch by 24 inch mylar for Cityrecords 2 a reduced 8Y2 inch by II inch or 14 inch exhibit for filing with the annexation agreement at the County Clerk and Recorder and 3 a digital copy for the City Engineer s Office This map must be acceptable to the Director ofPublic Service and City Engineer s Office and shall be submitted with the signed annexation agreement 15 Applicant shall provide and file with the County Clerk and Recorder s office executed waivers of right to protest creation of Sills for the following 02 21 0642 16 A Street improvement mcluding but not limited to paving curb guttersidewalkandstormdrainagefacilitIesforthefollowingstreets 1 Cottonwood Road 2 Huffine Lane B SignaliLatlOn improvements for the following intersection 1 Huffine Lane Cottonwood Road C Trunk sewer and water mains to serve the property The document filed hall specify that in the event an SIn is not utilized for the completion of these improvement the developer agrees to participate in an alternate financing method for the completion of said improvement on a fair share proportionate basis as determined by square footage of property taxable valuation of the prope 1y traffic contribution from the development or a combination thereof 16 Public street and utility casements shall be provided for Cottonwood Road and Huffine Lane unless adequate right of way already exist The easement shall be 60 feet wide half of the principal arterial standard for both streets Planner Kozub noted that there are three option available to deal with the existing barn 1 keep the barn 2 relocate the barn within the property this would decrease the hi toric value or 3 demolish the barn and properly document the destruction with the State She indicated the applicant want the possibility to relocate the barn to anywhere on the prope 1y Associate Planner Kozub noted that the applicant has voiced concerns about propo ed Items 3 and 5 and cautioned that Item 5 is a code issue Rob Pertzborn architect representing the applicant encouraged the Commis ion to strike the words to a park in Item 3 to allow them to move the barn off the property Mr Pertzborn noted that the applicant wants to remove the warehouse withm about three years but wants the language to state that they have up to five years to remove the structure He questioned the need to install a bathroom sprinkle and pay the impact fee requirement only to tear the building down If the applicanthastopayallofthisthestructuremightstayTheapplicantwantsItem5tosaythattheyarcrequiredtohook up when service become available instead of immediately He also noted that with the expansion of Cottonwood Road the house will be removed as well a the mature trees Judith Hidelman asked if the applIcant will be required to replace the evergreen trees within the setback if they are removed Project Engineer Bob Murray addressed Item 5 noting that according to the municipal code any building used for human occupancy employment or recreation must be connected to city services He s been at the site one time and Mergenthaler employees were working there There IS a porta potty on the site showing the need for facilities He concluded by stating that as long as the warehouse is being used for business it should be connected Commissioner Kirchhoff asked ifthere arc anyprecedents to support approving the applicant s request He suggested an alternative would be to eliminate the warehouse immediately unles the business has a lease that it wishes to retain Responding to que tions Associate Planner Kozub noted that three trees wil I be required along the road frontage 02 21 0643 17 Mr Pertzborn noted the owner has contacted a company that will try to move the trees and there is a SO 50 chance they wIll survive also there are fruit trees elsewhere on the propelty that will be removed Mr Pertzhorn noted that the porta potty was provided by the owner who didn t want to be bothered by people needing to go the bathroom or having people relieve themselves on site There is no desk there Mergenthalers comes every few days to swap out some crates He stated that just because there is a porta potty there that docs not indicate there is a need Responding to questions from Commissioner Becker Mr Pertzborn reiterated his request to reword Item 5 to read to eIther be connected or removed within five years Project Engineer Bob Murray disagreed stating that there if a need and in five years nobody will remember that this needs to be done Since there were no Commissioner objections Mayor Krauss closed the publIc hearing Decision Responding to questions from Commissioner Rupp Associate Planner Kozub responded that connectiVIty to the city is across Huffine Lane to the north It was moved by Commissioner Becker seconded by Commissioner Kirchhoff that the Commission authorize and direct staff to bring back an annexation agreement addressing Item Nos 1 throughl6 listed above for consideration with the exception that Item No 3 he amended to read as follows 3 The Annexation Agreement shall include the following language The existing barn shall he maintained in its current location and incorporated into the new site design If the ham if not able to be incorporated into the new fIte design It shall be relocated within the project boundaries If a structural report by a professional engineer indicates that the ham is not feasible to relocate the developer will be required to complete a Montana Historic Property Record Form for review hy the local and State Historic Pref ervation Offices The motion carried by the following Aye and No vote those voting Aye being Commissioner Becker Commissioner Kirchhoff and Commissioner Jacobson those voting No being Commissioner Rupp and Mayor Krauss Zone Map Amendment establish initial municipal zonindesinations of R R 2 R 3 R 4 and R O on 75 acre parcel located at southwest corner of intersection of Huffine Lane and Cottonwood Road Covenant LLC Z 05278 This was the time and place set for the public hearing on the Zone Map Amendment requested by Covenant LLC under Application No Z 05278 to establish a mix of initial municipal Laning designations on a 75 acre parcel described as Tract 1 Certificate of Survey No 24 and all of the parcels in Certificate of Survey No 25 as follows R l Residential Single household Low density on 22 8 acres R 2 Residential Two household Medium density on 27 6 acres R 3 Residential Medium dcnsity on 10 6 acres R 4 Residential High density on 4 acres and R O Residential Office on 10 acres The subject property lies at the southwest corner ofthe intersection of Huffine Lane and Cottonwood Road Public hearing Mayor Krauss opened the puhlic hearing Associate Planner Susan Kozub presented the staff report She stated that staff has reviewed this application in light of the applicable criteria and staffs findings were contained in the written staff report Based on those findings taff has forwarded a recommendation for approval subject to three standard 02 21 0644 18 conditions She indicated that at the Zoning Commission meeting one person spoke expressing concerns about traffic groundwater and the watercourse Mr Pertzborn indicated a willingness to respond to questions No one spoke in opposition to the requested zoning designations Since there were no Commissioner obJectIOns Mayor Krauss closed the public hearing Decision It was moved by Commissioner Rupp seconded by CommissIOner Kirchhoff that the Zone Map Amendment requested by Covenant LLC under Application No Z 05278 to estahlish a mix of initial municipal zoning designations on a 75 acre parcel described as Tract I Cel1ificate of Survey No 24 and all of the parcels in Certificate of Survey No 25 as follows R I Residential Single household Low density on 22 8 acres R 2 Residential Two household Medium density on 27 6 acres R 3 Residential Medium density on 10 6 acres R 4 Residential High density on 4 acres and R O Residential Office on 10 acres be approved subject to the following conditions I The ordinance for the Zone Map Amendment shall not he adopted until the annexatIon agreement is signed hy the applicant and formally approved by the City Commission and the resolution of annexation adopted If the annexation is not approved the application shall be null and void 2 The applicant shall suhmit a zone amendment map on a 24 inch by 36 inch mylar 8V2 inch by II inch or 8V2 inch by 14 inch paper exhihit and a digital copy ofthe area to be zoned which will be utilized in the preparation ofthe ordinance to offiCIally amend the City of Bozeman Zoning Map Said map shall contain a metes and bounds legaldescriptionoftheperimeterofthesubjectpropertyandzoningdistrictstotalacreageofthepropertyandadjoiningrightsofwayandorstreetaccesseasements 3 The ordinance for the Zone Map Amendment shall not be drafted until the applicantprovidesametesandboundslegaldescriptionpreparedbyalicensedMontana surveyor and map of the area to be rezoned which will be utIlized in the preparationoftheordmancetoofficiallyamendthelonemap The motion carried by the following Aye and No vote those voting Aye being Commissioner Rupp Commissioner Kirchhoff Commissioner Jacobson Commissioner Becker and Mayor Krauss those votingNonone Preliminarv plat for Annie Subdivision Phase IIIB subdivide 1 5 acres at southeast corner of intersection ofAnnie Street and North 25th A venue into 7 lots for residential use Gaston EngineerineSurvevineforRoeerandRosalindSmithP05068 This was the time and place set for the public hearing on the preliminary plat for Annie Subdivision Phase IIIB as requested by GastonEngineering and Surveying for Roger and Rosalind Smith under ApplicationNoP05068tosubdivide15acresdescribedasaportionofLot1AnnieSubdivisionPhaseIIintoseven lots The subject property is located at the southeast corner ofthe intersection ofAnnie Street and North 27th Avenue Public hearing Mayor Krauss opened the public heanng Plannmg Director Epple presented the staff report on behalf ofContract Planner Lanette Windcmaker He noted the subject property is located south of Emily Dickinson Elementary School in the last phase of 02 21 0645 19 Annie Suhdivision He noted that five of the lots are to he single hou ehold with the other two planned for four plexes The Planning DIrector stated that staff has reviewed this application in light of the applicable criterIa and staff s comprehensi ve findings are contained in the written staff report Based on those findings staff has forwarded a recommendation for approval subject to several condition The Planning Director stated that the Planning Board conducted its public hearing on this application and has concurred in staffs recommendation for approval He indicated that neighbors have voiced concern about the existing stormwater detention area which is not part of this development and the location of four plexes next to single family lots He mdicated that staff feels the proposed four plexes are appropriate noting that it carries out the desire for a mix of housing types Concern was also expressed about the block length but staff feels it IS appropriate to vary from the standard because there is no opportunity for a connection or treet Responding to questions from Commissioner Becker Director Epple stated that he s not sure about the legality of pulling this property into a homeowners association No one was present to speak in support of or in opposition to the reque ted subdivision Since there were no Commissioner objections Mayor Krauss closed the public hearing Decision Responding to questions from Commissioner Rupp Director Epple noted there is a weed control ordinance on the books which is enforced by the City s Engineering Department It was moved hy Commissioner Kirchhoff seconded by Commissioner Jacobson that the preliminary plat for Annie Subdivision Phase lIlB as requested by Gaston Engineering and Surveying for Roger and Rosalind Smith under Application No P 05068 to subdiVIde 1 5 acres described as a portion of Lot 1 Annie Subdivision Phase II into seven lots be approved subject to the following conditions 1 The watercourse setback shall be designated as a public access easement common open space for ownership and maintenance of the homeowners a soClatIon 2 The final plat shall provide a joint access easement between Lots 1 and 2 and either Lots 3 and 4 or Lots 4 and 5 and Lots 6 and 7 The access easement shall be situated on the common lot line of the lots and shall comply wIth Section 1844 090 C 3 Pursuant to Section 1842 040 the Planning Office will be able to support a block length in excess of 400 feet in width to overcome the specific disadvantages of orientation due to the location adjacent to an existing block in excess of 400 feet in width without a connecting right of way for a pedestrian walk 4 Water rights or cash in lieu thereof as calculated by the Director of Public Service is due with the final plat 5 Applicant shall provide a soils report along with building plans to the Building Division recommending types of foundations If development shall occur in phases the soils report may address those lots within the proposed phase 6 The final plat shall comply with the standards identified and referenced in the Bozeman Municipal Code The applicant is advised that unmet code provisions or code provisions that are not specifically listed as conditions of approval docs not in any way create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law 02 21 0646 20 7 The subject propel1y is located within the Far West SID No 621 fewer and the HRDC water payback districts Paybacks shall be made prior to filing the final plat 8 Plans and specifications and a detailed design report fur water and sewer main extensions storm sewer and the public street prepared by aprofessional engIneer shall be provided to and approved by the City EngIneer and the Montana Department of Environmental Quality The applicant fhall also provide professional engineenngservicesforconstructioninspectionpostconstructioncertificationandpreparationof mylar record drawingfConstruction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a preconstructionconferencehasbeenconducted No building permits shall be issued prior to substantial completion and City acceptanceoftherequiredinfrastructureimprovements 9 All infrastructure improvements including I water and sewer main extensions and 2 public streets curb gutter sidewalks fronting parks open space rearyard frontages or other non lot frontages and related storm drainage infrastructure improvements shall be financially guaranteed or constructed prior to final plat approval CIty ftandard residential fidewalks shall be constructed on all public street frontagesofapropertypriortooccupancyofanystructureonthepropertyUponthethird anniversary of the plat recordation of any phase ofthe subdivision any lot owner who has not constructed said sidewalk shall without further notice construct within 30 dayssaidsidewalkfortheirlotsregardlessofwhetherotherimprovementshavebeen made upon the lot This condition shall be included on the final plat for the subdivision 10 The location ofexisting water and sewer mains shall be properly depicted Proposedmainextensionsshallbenotedasproposed 11 Flood plain a The 100 year flood plain boundary must be shown on the final plat 12 The Montana Fish Wildlife and Parks SCS Montana Department of Environmental Quality and Army Corps ofEngineers fhall be contacted regarding the proposed projectandanyrequiredpermitsie310404turbidityexemptionetcshallbeobtained prior to final plat approval 13 The developer shall make arrangements with the City Engineer s office to provide addresses for all individual lots in the subdivision prior to filing of the final plat 14 The applicant shall submit a construction route map dictatIng how materials and heavyequipmentwilltraveltoandfromthesiteinaccordancewithSection1874020Al ofthe Bozeman Municipal Code This shall be submitted as part of the final site planforsitedevelopmentsorwiththeinfrastructureplansforsubdivisionsItshallbethe responsibility of the applicant to ensure that the construction traffic follows the approved routes 15 All construction activities shall comply with Section 18 74 020 A2 of the Bozeman Municipal Code This shall include routine deaning sweeping of material that is dragged to adjacent streets The CIty may require a guarantee as allowed for under this section at any time during the construction to ensure any damages or cleaning that are required are complete The developer shall be responsible to reimburse the City for all costs associated with the work if it becomes necessary for the City to correct any problems that are identified 02 21 0647 21 16 Annie Street shall he improved from North 25th Avenue to the end of the exioting improvements to the cast This shall include curb and gutter on both ldes oidewalk on the south side only and the necessary utilIty extenf iom The fldewalk may be installed with the houses as allowed hy code 17 No building permits shall he issued until the eonstmctIoncontract for the Durston Road SID project has been let 18 SInce the previous preliminary plat approval on this suhdi vision four way stop control has heen added to the Intersection ofNorth 25th Avenue and Annie Street Therefore the installation of curb bulbs is no longer required 19 As part of the street improvements the applicants should coordinate with the utility company to have the hox on the southeast quadrant of the intersection relocated out of the right of way and into the utility easement so that the sidewalk can be Installed in the proper location The motIon earned by the following Aye and No vote those voting Aye being Commissioner Kirchhoff Commissioner Jacobson Commissioner Becker Commissioner Rupp and Mayor Krauss those voting No none Preliminarv plat for Oak Meadows Subdivision subdivide 20 acres at southeast corner of intersection of West Oak Street and North 14th Avenue extended into 52 residential lots Allied Eneineerine Services Inc for RAM Properties P OS074 This was the time and place set for the public hearing on the preliminary plat for Oak Meadows Subdivlfion as requeo ted by Allied Engineering Services Inc for BAM Properties under Application No P 05074 to fubdivide 20 acres described as Tract A Certificate of Survey No 2439 The subject property is located at the southeast corner of the intersection of West Oak Street and North 14th Avenue extended Commissioner Becker noted a cont1ict of interest and stated he will abstain from voting per City Attorney Luwe s recommendation Public hearing Mayor Krauss opened the public hearing Assistant PlannIng Director Chris Saunders presented the staff report He noted this property has been annexed for eight years and is bordered by Walton Subdivision to the west the Gallatin County Rest Home to the south West Oak Street to the north and agricultural land to the east Assistant Director Saunders noted that the Planning Board held its public hearing on this application and failed to forward a recommendation for approval He noted their main concern was connectivity with Huckleberry Drive The property is infill it is surrounded by city development and is served with water and sewer Assistant Director Saunders stated that staff has reviewed this application in light of the applicablecriteriaandstaffscomprehensivefindingsarecontainedinthewrittenstaffreportBasedonthosefindings otaff has forwarded a recommendation for approval subject to several conditions He then indicated that the Recreation and Parks Advisory Board did recommend accepting a cash in lieu payment for a portion of the parkland dedication Commissioner Rupp asked for clarification about the concerns raised by the Planning Board He noted that vehicle access would come from a public alley and pedestrian acceos would be from the south via a 02 21 0648 22 greenway He then noted there is a clause that allows a park to have less than 100 percent strect frontage and he finds the sIte constraints on this propcrty arc sufficient to allow that CommiSSIOner Kirchhoff notcd that Planning Board wanted Huckleberry Drive to connect and there were desIgn choices to not have It connect and to align the blocktheway they did Becausc of the way people chose to lay this out they don t have a road connection Responding to questions from Commissioner Rupp Assistant Director Saunders noted there was discussion about dividing the R 410ts into freestanding homes which would limit the number of homes that could he hUllt Responding to questions from Commissioner Jacobson Assistant Director Saunders noted that RSLs can be no more or less than 5 000 square feet ifit s a townhome lot it can be 3 000 square feet you and those lots can be aggregated with thc result being less than 3 000 square feet for a given lot Steve Miller applicant noted that this subdivision will hring higher density into the CIty and access to amenities closer to the citizens of Bozeman since shopping schools and parks are all within walkingdistanceofthisdevelopmentHenotedthatthePlanningBoardwasconcernedwiththeR4areaandthe development of the linear park He drew attention to the renderings noting that one two and three bedroom units are to he provided the R 4 zone He suggested the linear park will promotc pedcstrian activity throughoutthethreeacreparkanddrawtraffictothecenterofthedevelopmentHethenidentifiedthesafetyofchildren as a key component in this development He finished by stating that he is open to Commission input Tames Nickelson Morrison and Maierlc addressed street connectivIty and how the development works with existing street network He noted there are no eastwest streets in the area and access to West Oak Street is limited hecause it is an arterial roadway He stressed that this is a suhdivision review creating lots only and not looking at huilding specifics Neal Ainsworth voiced concern about the connection of the pedestrian spine that the linear parkprovidesparticularlysinceonecannotaccesstheparkwithoutcrossingatleastonestreetHeindicatedthat generating as much green space as possihle was one ofthe desires for this development and the setback from West Oak Street is to he greater than the 50 feet required He indicated there will be a 12 foot wide paved pathinthelinearparkwhichisanticipatedtoliewithina70footwidecorridorhetweenbuildingsHeconcluded by stating he believes this development wIll be a positive addition to the community and the neIghborhood Cade Emery voiced support for the proposed subdivision noting it will provide affordable housing with open space and the result will he to limit sprawl while creating a nice development Andrew Miller spoke in favor of the suhdivision noting he likes the linear park that connects the residences to the park Frank Benjamin Belgrade mdicated that he would like to build a home for his family on one ofthe RSL lots Chris Ford local builder likes the layout and the location of the subdivision and he supports it The applicant asked about the RSL lots and noted that there was some discrepancy about the two lots that front the park He suggested that one of the RSL lots could possibly be used as a model home in the subdivision Rusty Harris Think One stated he feels this is a great neighborhood that meets the UDO standards and is right for this property Since there were no Commissioner objections Mayor Krauss closed the public hearing 02 21 0649 23 Decision Responding to questions from Commissioner Rupp Assistant Director Saunders noted that ome ofthe narrower lots are townhouse lots and as a result can be smaller than the 5 OOO square foot standard for RSL lots Responding to questions from CommIssioner Jacobson Assistant DIrector Saunders noted that parkingwillhefromthealleyforhousesfacingthelinearparkJustasitISmWaItonSubdivisionHeaddedthatthe units could have enclosed garages but It S not reqUIred by code He also noted that parking is not allowed along the alley Commissioner Kirchhoff highlighted thc Planning Board commcnts dunng its review notmg that there was discussion ahout the linear park and mdIcated the deslfe is to not disturb the sewer under the linear parkHethenstatedthePlanningBoardsupportseliminatingthetwolotsadjacenttotheparkHethenstatedthe Planning Board was concerned that there was not much detail in the planning of the lots in the suhdivision particularly those closer to West Oak Street Commissioner Rupp noted concern about the lots adjacent to the park He acknowledged that to provide street connectivity some of the parkland will be lost He concluded by stating that he likes the designofthisproposedsubdivision Mayor Krauss noted that a variance is required for the less than 100 percent road bordering around parkland Assistant Director Saunders stated that If Huckleberry DrIve IS extended then the parkland is reduced and the only options are cash in lieu or finding parkland elsewhere m the community He noted that Condition Nos 6 throughlO pertain to Huckleberry Drive not extending through the subdiVIsion and if it is to be extended those conditions WIll need to be eliminated Commissioner Kirchhoffasked about the possibility ofadding a condItion requiring Huckleberry Dri ve to be moved to the south and connected to the road that continues to the west The applicant responded that the road to the west is in fact a private driveway and the Engineering Department did not want Huckleberry Drive so near to a private driveway Commissioner Kirchhoff stated he wants to see Huckleberry Drive extended and the park surrounded by streets on all four sides He then indicated he has no problem with the parkland dedication requirementbeingpartiallymetthroughacashinlieupayment Commissioner Rupp noted that he s doesn t think the park has to be accessed by roads on all four sides and he s willing to accept the streets as proposed It was moved by CommIssioner Kirchhoff seconded by Commissioner Jacobson that the preliminary plat for Oak Meadows Subdivision as requested by Allied EngineerIng Services Inc for BAM PropeIties under Application No P 05074 to subdivide 20 acres described as Tract A Certificate of Survey No 2439 be approved subject to the following conditions 1 The applicant shall comply with all provisions ofthe Bozeman Municipal Code which are applicable to this project The applicant is advised that unmet code provisions or code provisions that are not specifically listed does not in any way create a waiver or other relaxation ofthe lawful requirements ofthe Bozeman Municipal Code orstate law 2 Buildings proposed for construction with crawl spaces or basements shall include engineer certification regarding depth ofgroundwater and soil conditions and proposed mitigation methods to be submitted with each building permit The final plat shall mclude a notation that due to high groundwater conditions full or partial basements are not recommended 02 21 0650 24 3 Ca h in lieu ofwater rights as calculated by the Director of Public Service is due with the final plat 4 The landscaping reqUIred wIthin the 50 foot Class I Entryway Corridor as outlined in the Design Objectives Plan shall be Installed by the subdivider prior to final plat or financially guaranteed 5 The stormwatcr detention retention facilities shall be designed to occupy less than 1 3 of the 50 foot Class I Entryway Corridor setback and in an organic form designed a a landscape feature J A 20 foot wide ith 12 f ot w de p lvcd Ctll wclthCl dCCC Ii lOad will bc ICqUilGd along llK 5 ltl 5idc of Loto 1 7 Dlock J tJc loto f1 llting 011 the p dk 7 TJc loti flout ug 011 tlK palh 5112111 plov de a 6 dewalk connection fWlu the plilual chttdlIce to the 20 foot wide all weather lCCOilOad 8 renceu6talkd 011 the 10t5 flOlit llg 011 the palk 5hall be leMl UGC to a lllaXilJ1tl1u llcightof4kGt 9 Tile lotfloMing on the palk 511all be adequately lgned and addlG cd a dcemGd lpPluflliate by tIlC City of DozenlalI rilC Depaltlucllt ElIgilIGGlillg DGpaltment and rl lnnillg DepaltnlGIIt 10 The lolkd nub ploviding ellKlgGllcy 1 G55 to thG 10t5 flOnting on the park h tll be painted applopri tdy to ploh b t palLug aud No rdih ng DOlcrgcncy AeeeOlIlf ign11all be ll6talkd at ea h tld of the all 9veathel dGee6load 11 All right of way and parking lot area shall be deducted from the total parklanddedicationTheseareasshallnotbededicatedonthefinalplat 12 The Homeowners AssocIation shall be responsible for maintenance of the park parkfixturestrailsetcuntilsuchtimethataParkMaintenanceDistrictorsimilarformof funding is established 13 That the applicant execute at the Gallatin County Clerk and Recorder s Office a waiver of right to protest creation of a SID 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 final plat submittal 14 A plat note shall indicate that any future non residential development on Lot 1 Block 4 or Lot 1 Block 5 will require PUD review and approval 15 Light fixtures adjacent to fire hydrants shall be installed with a minimum 5 foot separation 16 This ubdivision is in the payback district for the water main and sewer main in North 14th Avenue and for the cast portion of the North 14th Avenue street improvementsPaymentofthepaybackisduepriortofinalplatapproval 17 Engineering staff does not support the requested deviation to initially allow full access for Lilac A venue and in the future to restrict it to partial access Instead Lilac Avenue is to be limited to a partial access with a traffic control island to restrict access to right in right out only 18 A detailed Traffic Impact Study for the Oak Meadows Subdivision has been provided to and reviewed by the City Engineer s office Additional information is needed prior 02 21 0651 25 to approval of the improvements The Traffic Impact Study shall also providerecommendationsformitigationofthelevelsofervicelesthanDattheintersections ofWeft Oak Street and North 19th Avenue and West Oak Street and North 7th A venue 19 No direct access from single family or duplex lots to We t Oak Street will be approved 20 If not provided already for the entire subdivision the applicant shall provide and file with the County Clerk and Recorder s office executed Waivers of Right to Proteft Creation of Special Improvement Districts SID s for the following a Street Improvements to West Oak Street including hut not limited to paving curb and gutter sidewalk and storm drainage improvements b Signalization of the intersection of West Oak Street and North 19th Avenue c Signalization of the intersection of West Oak Street and North 15th Avenue d Signalization of the intersection of Wef t Oak Street and North 14th A venue e Signalization of the intersection of West Oak Street and North 7th Avenue The document filed shall specify that in the event an SID i not utIlIzed for the completion of these improvements the developer agrees to particIpate III an alternate fi nancing method for the completion ofsaid Improvements on a fair share proportionate basis as determined by quare footage of property taxable valuation of the property traffic contribution from the development or a combination thereof 21 Huckleberry Drive shall be extended to the west to connect with North 14th Avenue The park shall be bordered on all four sides by treets 22 Cash in lieu shall be accepted for parkland The motion failed by the following Aye and No vote those voting Aye being Commissioner Kirchhoff and Commi sioner Jacobson those voting No being Commissioner Rupp and Mayor Krauss Commissioner Becker abstained Mayor Krauss postponed the decision for one week to give Commissioner Becker an opportunity totake the steps necessary to vote on this agenda item Conditional Use Permit with Certificate ofAppropriateness to allow the re use of an existing structure as a commercial kitchen Community Food Co oP 711 West Main Street Z 05294 This was the time and place set for the public hearing on the Conditional Use Permit with Certificate of Appropriateness requested by the Community Food Co op under Application No Z 05294 to allow fe use ofthe structure on Lots 12 through 23 Block 1 Springbrook Addition as a commercial kitchen The subject property is located at 711 West Main Street Public hearing Mayor Krauss opened the public hearing 02 21 0652 26 Commi sionerBecker CommissIOner Kirchhoff and Mayor Krauss noted conflIct of interests that has been previously disclosed CommIssioner Jacobson noted a contlict of interest that has not been disclosed so he wIll not partIcipate in discussion or voting Planner Martm Knight presented the staff report He noted the applicant wants to re use a 2400 squarefootstmctureaacommercialkitchenNodeviationshavcbeenrequestedandnoparkingorlandcapingmodificationsareproposedHeindicatedtheapplicantswanttoremovcaportionoftheexistingwindowsand walls to accommodate glass doors but they propose no changes to the ignage or awnings The Planner stated that staff has reviewed this application in light of the applicable criteria and staff s comprehensive findings are contained in the written staff report Based on those findings staff has forwarded a recommendation for approval subject to four condItions Kelly Wiseman Community Food Co op stated that he just wants to hake cookies and make sandwiche No puhlic comment was received in opposition to this application Since there were no Commissioner objections Mayor Krauss closed the public hearing Decision It was moved by Commissioner Kirchhoff seconded by Commissioner Becker that the Conditional Use Permit with Certificate of Appropriateness requested by the Community Food Co op under Application No Z 05294 to allow re use of the stmcture on Lots 12 through 23 Block 1 Springbrook Addition as a commercial kitchen be approved subject to the following conditions 1 Details of doors to he installed on the west entrance shall he submitted for review and approval by Administrative Design Review Staff prior to final site plan approval 2 No retail services shall bc permitted as part of this application Details as to the hours of operation number of employees and delivery vehicles to be utilized shall be suhmitted for review and approval by the plannmg office prior to final site planapproval 3 Theproposed project shall becompleted as approved and conditionedin the Conditional Use Permit with a Certificate ofAppropriateness application Any modifications to the submitted and approved application materials shall invalidate the project s legitimacyunlesstheapplicantsubmitstheproposedmodificationsforreviewandapprovalbythe Department of Planning prior to undertaking said modifications 4 All required permits shall he obtained approved and filed with the City of Bozeman Building Department prior to the issuance of a Certificate of Appropriateness The motion carried by the following Aye and No vote those voting Aye being Commissioner Kirchhoff CommiSSIOner Becker Commissioner Rupp and Mayor Krauss those voting No none Commissioner Jacobson abstained Continued discussion Preliminary plat for Diamond Estates Subdivision No 2 Phases II and III subdivide82 19 acres located east of landers Mill Road and south of West Oak Street extended into 182 residential lots Gaston Eneineerine and Survevine for Douelas Smith P 05071 Director of Public Service Debbie Arkell gave a quick overview noting that Senior Planner Skelton is ill and Project Engineer Bob Murray has briefly looked at the revised preliminary plat She forwarded staff s request that action on this item be delayed for one week to give staff an opportunity to review the new plat 02 21 0653 27 more clo ely She noted that City Attorney Luwe was concerned about the 2 2 tie vote at next week s meeting however Mr Foreman has indicated he will provide a letter of extension If a tie does occur at that meeting Decision It wa moved by Commissioner Kirchhoff seconded by COmmiS lOner Jacobson that the public hearinghecontinueduntilnextweekperstaffsrequestThemotioncarriedhythefollowingAyeandNovotethose voting Aye being Commissioner Kirchhoff Commissioner Jacohson Commissioner Becker Commissioner Rupp and Mayor Kraus those voting No none Discussion FYI Items The following For Your Information items were forwarded to the Commission 1 Notice that the County Commission meeting for Wednesday Fehruary 22 has heen cancelled 2 Agenda for the Development Review Committee meeting to be held at 10 00 a m on Wednesday February 22 at the Professional Building 3 Agenda for the Design Review Board meeting to he held at 5 30 p m on Wednesday Fehruary 22 at the Professional Building 4 Agenda for the City Plannmg Board meeting to be held at 7 00 p m on Wednesday February22intheCommissionRoomalongwithnoticethatthereisnoZoningCommissionmeetingscheduled 5 The City Manager noted that there will be a staffretreat from May 31 to June 2 in Whitefish Montana The Commissioners will be meeting WIth the Commissioners and staff of Whitefish on the 1st and 2nd of June Adiournment 11 40 p m There being no further business to come before the Commission at this time it was moved by COmmi lOner Kirchhoff seconded by Commissioner Jacobson that the meeting be adjourned The motion carried by the followmg Aye and No vote those voting Aye being Commissioner Kirchhoff Commissioner Jacobson Commissioner Becker Commissioner Rupp and Mayor Krauss those voting No none ATTEST JEF t J L City Clerk PREPARED BY D211f Deputy City Clerk 02M21 M0654 LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA March 26, 2007 ***************************** The Commission of the City of Bozeman met in the Community Room, Gallatin County Courthouse, 311 West Main Street, on Monday, March 26, 2007 at 6:00 pm. Present were Mayor Jeff Krauss, Commissioner Sean Becker, Commissioner Jeff Rupp, Commissioner Steve Kirchhoff, City Manager Chris Kukulski, Planning Director Andy Epple, Finance Director Anna Rosenberry, Director of Public Service Debbie Arkell, City Attorney Paul Luwe, and City Clerk Brit Fontenot. 0:20:35 A. Call to Order - 6:00 pm - Community Room, Gallatin County Courthouse, 311 West Main Street 0:20:38 B. Pledge of Allegiance and Moment of Silence 0:21:46 Motion and Vote to authorize the absence of Cr. Jacobson. It was moved by Cr. Becker, seconded by Cr. Rupp, to authorize the absence of Commissioner Jacobson. Those voting Aye being Crs. Becker, Rupp, Kirchhoff, and Mayor Krauss. Those voting No being none. Those absent being Cr. Jacobson. The motion carried 4 - 0. 0:22:08 C. Public Service Announcement - 2005-2006 West Babcock Street Pedestrian and Bicycling Monitoring Project, Final Report Assistant Planning Director Chris Saunders updated the Commission and the public on the 2005- 2006 West Babcock Street Pedestrian and Bicycling Monitoring Project. 0:27:32 D. Consent 1. Authorize Payment of Claims (LaMeres) 2. Adopt Resolution 4007, Loyal Garden Annexation (Morris) 3. Provisionally adopt Ordinance 1698, Loyal Garden Zone Map Amendment (Morris) 4. Approve February 2007 Building Report (Poulsen) 5. Approve Special Permit for Sonoran Institute to sell beer and wine (Neibauer) 6. Authorize City Manager to sign Notice of Award for the Wastewater Treatment Facility Roofing Project (Murray) 0:27:34 Public Comment - Consent Mayor Krauss called for public comment. No person commented. 55 0:27:55 Motion and Vote to approve Consent items 1 - 6. It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to approve Consent items 1 - 6. Those voting Aye being Crs. Rupp, Kirchhoff, Becker, and Mayor Krauss. Those voting No being none. Those absent being Cr. Jacobson. The motion carried 4 - 0. 0:28:07 E. Public Comment Mayor Krauss called for public comment. This was the time for individuals to comment on matters falling within the purview of the Bozeman City Commission. 0:28:40 Public Comment - Bob Chase Mr. Chase resides on S. Black Avenue in Bozeman. He mentioned that there were inaccuracies in flyers he handed out concerning the Affordable Housing Task Force. Additionally, Mr. Chase raised the issue of a conflict of interest between Cr. Rupp and issues involving Human Resource Development Council. He noted that he is uncomfortable with Mr. Luwe's opinion that Cr. Rupp's relationship as a Commissioner and his position with HRDC are not in conflict. He provided his phone number 599-0698 for interested individuals. 0:31:04 Public Comment - Phil Ideson, on behalf of Allied Waste Mr. Ideson resides at 831 North 15th Avenue. He spoke on behalf of Allied Waste Services and discussed two action items on the agenda: items 7 (Interlocal Agreement to Expand the Gallatin Solid Waste Management District to include the City of Bozeman) and 5 (Resolution 4009, Changing Fees at the Landfill). He noted that Allied Waste takes exception with Item 6 in the Interlocal Agreement and Resolution 4009, both of which put Allied Waste at a competitive disadvantage. 0:33:48 Public Comment - Connie Garrett Connie Garrett currently resides between 414 North Plum and 511 East Olive. She thanked City employees Al Rominger and Tracy Oulman for their dedication to the citizens of Bozeman. 0:35:26 F. Special Recognition - Government Finance Officers Association Distinguished Budget Presentation Award 0:38:37 G. Special Presentation - Water and Wastewater Rate Study (Rosenberry/HDR Engineering) 0:38:50 Introduction Finance Director Anna Rosenberry introduced Tom Gould, Vice President of HDR Engineering. 0:39:47 Tom Gould, Vice President of HDR Engineering, presented his findings to the Commission. 2 56 1:25:15 H. Action Items 1:25:21 1. Breaking of the 2-2 tie vote on Cr. Kirchhoff's motion to approve the Kagy Gardens II Zone Map Amendment #Z-07013 (Krauss) 1:26:01 Mayor Krauss's Vote on Cr. Kirchhoff's motion to approve the Kagy Gardens II Zone Map Amendment #Z-07013 March 19, 2007 Motion: [It was moved by Cr. Kirchhoff, seconded by Cr. Becker, to approve a municipal zoning designation of "R-1" (Residential Single Household, Low Density District) for Kagy Gardens II Zone Map Amendment #Z-07013 subject to the contingencies listed in the staff memo.] March 19, 2007 Vote: Those voting Aye being Crs. Kirchhoff and Becker Those voting No being Cr. Rupp and Mayor Pro Tem Jacobson. Those absent being Mayor Krauss. The vote ties 2-2 Mayor Krauss voted Aye. Thus the motion to approve a municipal zoning designation of "R- 1" (Residential Single Household, Low Density District) for Kagy Gardens II Zone Map Amendment #Z-07013, subject to the contingencies listed in the staff memo, was approved by a vote of 3 - 2. Contingencies: 1.That the ordinance for the Zone Map Amendment shall not be drafted until the applicant provides a metes and bounds legal description and a map of the area to be re-zoned, which will be utilized in the preparation of the ordinance to officially amend the City of Bozeman Zoning Map. 2. That the ordinance for the Zone Map Amendment shall not be adopted until the Resolution of Annexation is completed and adopted by the City Commission. If the annexation is not approved, the application shall be void. 3. That the applicant submit a zone amendment map, titled "Kagy Gardens II Zone Map Amendment," on: 1.) a 24"x 36" mylar; 2.) an 8 ½" by 11", or 8 ½" by 14" paper exhibit; and 3.) a digital copy of the area to be zoned, acceptable to the Planning Office, which will be utilized in the preparation of the Ordinance to officially amend the City of Bozeman Zoning Map. Said map shall contain a metes and bounds legal description of the perimeter of the subject property, description of the boundaries of each specific zoning designation, total acreage of the property, acreage of each specific zoning designation, and adjoining rights-of- way and/or street access easements. 3 57 1:26:36 2. Breaking of the 2-2 tie vote on Cr. Becker's motion to approve the City Hotel and Residence Club Site Plan and Certificate of Appropriateness Application as recommended by the Design Review Board (Krauss) 1:36:53 Mayor Krauss requested a one week deferral of the vote on this project. Mayor Krauss requested a one week deferral of a vote on the motion by Cr. Becker to approve the City Hotel and Residence Club Site Plan and Certificate of Appropriateness Application as recommended by the Design Review Board. March 19, 2007 Motion: [It was moved by Cr. Becker, seconded by Cr. Kirchhoff, to approve the City Hotel and Residence Club Site Plan and Certificate of Appropriateness Application as recommended by the Design Review Board.] March 19, 2007 Vote: Those voting Aye being Cr. Becker and Mayor Pro Tem Jacobson. Those voting No being Crs. Rupp and Kirchhoff. Those absent being Mayor Krauss. The vote ties 2-2. 1:37:32 3. Update on the status of the Streamline buses (Kack) 1:37:34 Cr. Rupp Cr. Rupp excused himself from the discussion of this issue. 1:38:03 Mr. David Kack - Chairman of Streamline/Galavan Advisory Committee Mr. Kack provided an update on the Streamline bus system. 1:41:02 Lisa Ballard - Coordinator for the Streamline bus system Ms. Ballard updated the Commission on ridership statistics. She requested additional dollars to fund the cost increase for the two bustle-back style buses ($17,800) and the cost of three shelters ($3,360). Additionally, she sought City staff assistance on where to place the three new shelters, if approved. She noted that the shelters could pay for themselves with advertisement dollars and sought Commission direction on advertising on City bus shelters. Ms. Ballard sought assistance from City staff with locating approximately 1.5 to 2 acres of property for a Streamline bus barn within the next 2 months. Finally, she noted that HRDC would like to see established an Urban Transportation District in the next two to three years. 1:49:23 Public Comment Mayor Krauss called for public comment. No person commented. 1:59:42 Mayor Krauss directed staff to make the changes in the ordinance and to bring back a final version for Commission review. 4 58 2:00:03 4. Capital Improvements Plan for FY2008-2012 for Wastewater Fund and Wastewater Impact Fees (Rosenberry) 2:00:37 Staff report Finance Director Anna Rosenberry presented the staff report. 2:07:35 Public Comment Mayor Krauss called for public comment. No person commented. 2:08:22 Motion and Vote to consider approving the Capital Improvements Plan for FY2008-2012 for Wastewater Fund and Wastewater Impact Fees It was moved by Cr. Kirchhoff, seconded by Cr. Becker, to consider approving the Capital Improvements Plan for FY2008-2012 for Wastewater Fund and Wastewater Impact Fees. Those voting Aye being Crs. Kirchhoff, Becker, Rupp, and Mayor Krauss. Those voting No being None. Those absent being Cr. Jacobson. The motion carried 4 - 0. 2:09:00 Break Mayor Krauss called for a 15 minute break. 2:26:49 Call to Order Mayor Krauss called the meeting to order. 2:26:55 5. Resolution 4009, Changing Fees at the Landfill (Johnson) 2:27:05 Staff report Steve Johnson, Solid Waste Superintendent, presented the staff report. 2:32:18 Public Comment Mayor Krauss called for public comment. No person commented. 2:44:04 Motion to approve Resolution 4009, Changing Fees at the Landfill It was moved by Cr. Becker, seconded by Cr. Rupp, to approve Resolution 4009 revising the types of waste permitted at the City of Bozeman Landfill, revising the landfill fee schedule, and revising the restriction of users of the City of Bozeman Landfill, with the revised Landfill Gate Fees becoming effective on April 16, 2007. 2:44:37 Motion to amend Cr. Becker's previous motion 5 59 It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to amend Cr. Becker's motion by deleting the 6th "Whereas" on page 153 [WHEREAS, due to the fact that the Headwaters Recycling Program has no outlet for recycled glass, the disposal of glass as a recyclable commodity at the landfill will no longer be accepted, and glass will be treated as household waste]. 2:45:43 Cr. Becker accepted Cr. Rupp's friendly amendment. 2:49:17 Cr. Rupp withdrew his friendly amendment. 2:49:51 Vote on Cr. Becker's original motion to approve Resolution 4009, Changing Fees at the Landfill [It was moved by Cr. Becker, seconded by Cr. Rupp, to approve Resolution 4009 revising the types of waste permitted at the City of Bozeman Landfill, revising the landfill fee schedule, and revising the restriction of users of the City of Bozeman Landfill, with the revised Landfill Gate Fees becoming effective on April 16, 2007.] Those voting Aye being Crs. Becker, Rupp, Kirchhoff, and Mayor Krauss. Those voting No being none. Those absent being Cr. Jacobson. The motion carried 4 - 0. 2:51:05 6. City Shops Complex Purchase and Relocation to Cardinal Distributing Property (Arkell) 2:51:17 Staff Report Director of Public Works Debbie Arkell presented the staff report. 3:18:27 Public Comment Mayor Krauss called for public comment. No person commented. 3:29:57 Motion authorizing the purchase of the Cardinal Distributing property at 1750 Evergreen Drive It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to authorize the purchase of the Cardinal Distributing property at 1750 Evergreen Drive for $3.2 million and the necessary addition and remodel of said facility for up to $1 million, the intention of which is that the facility become the City’s Public Works complex with the financial distribution of the costs to be determined by the City Manager and Finance Director as outlined in the staff report. 3:30:31 Mayor Krauss Mayor Krauss noted that this asset (the Cardinal Distributing property) should be held by the enterprise fund. 6 60 3:31:09 Vote authorizing the purchase of the Cardinal Distributing property [It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to authorize the purchase of the Cardinal Distributing property at 1750 Evergreen Drive for $3.2 million and the necessary addition and remodel of said facility for up to $1 million, the intention of which is that the facility become the City’s Public Works complex with the financial distribution of the costs to be determined by the City Manager and Finance Director as outlined in the staff report.] Those voting Aye being Crs. Rupp, Kirchhoff, Becker, and Mayor Krauss. Those voting No being none. Those absent being Cr. Jacobson. The motion carried 4 - 0. 3:31:07 7. Interlocal Agreement to Expand the Gallatin Solid Waste Management District (GSWMD) to include the City of Bozeman (Arkell) 3:31:57 Staff Report Sanitation Superintendent Steve Johnson and City Manager Chris Kukulski presented the staff report. 3:40:04 Public Comment Mayor Krauss called for public comment. 3:40:16 Public Comment - Kathy Gallagher Ms. Gallagher resides at 8965 Sandy Creek Lane. She encouraged the City to join the Solid Waste District. 3:43:01 City Attorney Paul Luwe Mr. Luwe suggested that the Interlocal Agreement format may not comply with Montana Code Annotated Title 7 Ch. 11, which would bring the Interlocal Agreement into compliance with statute. 3:44:15 Motion to expand the Gallatin Solid Waste Management District to include the City of Bozeman It was moved by Cr. Kirchhoff that upon legal staff working the Interlocal Agreement into conformance with Title 7 Ch. 11 of Montana Code Annotated we authorize the City Manager to sign the Interlocal Agreement, striking Section 4 expanding the Gallatin Solid Waste Management District to include the City of Bozeman, and direct staff to follow the process set forth in Sections 7-13-205 through 7-13-212 Montana Code Annotated to officially join the Gallatin Solid Waste District once the agreement is signed by all parties. 3:45:28 Seconded by Cr. Rupp 3:45:45 Cr. Kirchhoff restated motion amending Section 4 to stipulate one seat on the Gallatin Solid Waste Management District. 7 61 Cr. Kirchhoff restated the motion amending Section 4 to stipulate one seat on the GSWMD: It was moved by Cr. Kirchhoff, seconded by Cr. Rupp, that upon legal staff working the Interlocal Agreement into conformance with Title 7 Ch. 11 of Montana Code Annotated we authorize the City Manager to sign the Interlocal Agreement amending Section 4, stipulating one seat on the Gallatin Solid Waste Management District and thus expanding the Gallatin Solid Waste Management District to include the City of Bozeman, and direct staff to follow the process set forth in Sections 7-13-205 through 7-13-212 Montana Code Annotated to officially join the Gallatin Solid Waste District once the agreement is signed by all parties. 3:50:51 Vote to expand the Gallatin Solid Waste Management District to include the City of Bozeman [It was moved by Cr. Kirchhoff, seconded by Cr. Rupp, that upon legal staff working the Interlocal Agreement into conformance with Title 7 Ch. 11 of Montana Code Annotated we authorize the City Manager to sign the Interlocal Agreement amending Section 4, stipulating one seat on the Gallatin Solid Waste Management District and thus expanding the Gallatin Solid Waste Management District to include the City of Bozeman, and direct staff to follow the process set forth in Sections 7-13-205 through 7-13-212 Montana Code Annotated to officially join the Gallatin Solid Waste District once the agreement is signed by all parties.] Those voting Aye being Crs. Kirchhoff, Rupp, Becker, and Mayor Krauss. Those voting no being none. Those absent being Cr. Jacobson. The motion passed 4 - 0. 3:51:20 Break and Suspension of the Rules until 11:00 pm Mayor Krauss called for a 5 minute break and suspended the Rules until 11:00 pm. 4:00:50 Call to Order Mayor Krauss called the meeting to order. 4:01:07 8. The Knolls at Hillcrest Planned Unit Development #P-07007 (Sanford) Planner Jody Sanford presented the staff report. 4:06:53 Applicant Jason Leep of PC Development, appeared for the applicant. 4:22:44 Public Comment Mayor Krauss called for public comment. 4:23:24 Public Comment - Stephen Johnson Stephen Johnson, Executive Director of the Gallatin Valley Land Trust, addressed the Commission concerning the PUD application, parkland issues and transfer development rights (TDR's). 8 62 4:29:20 Public Comment - Ron Archuleta Mr. Archuleta resides at 1441 Ash Drive. He stated that he has an interest in how the applicant will change the land around their home. He suggested adjustments to the existing plan. 4:33:06 Public Comment - Brian Gallik on behalf of Jimmy and Sherry Pepper Mr. Gallik (35 N. Grand Avenue) represents Jimmy and Sherry Pepper who reside at 1322 South Rouse Ave and are adjacent property owners. 4:36:52 Public Comment - Scott Creel Mr. Creel resides at 1430 Cherry Drive and read from Planning Board minutes. Mr. Creel stated the Commission should thoroughly consider the implications of building and the current proposal to the homeowners and the existing trail systems. 4:39:45 Public Comment - Chuck Payton Mr. Payton resides at 507 Ice Pond Road, representing the elected Advisory Council of the Bozeman Creek Neighborhood Association. The Bozeman Creek Neighborhood Association seeks a resolution that is equitable to all parties. 4:43:02 Public Comment - Noah Poritz Mr. Poritz resides at 1418 Maple Drive and also spoke on behalf of his wife Leona Poritz and the Dusenberrys who reside at 1304 Holly Drive. He objected to the amendment forwarded by PC Development and Bozeman Deaconess Hospital. 4:45:39 Public Comment - Jim Schmidt Mr. Schmidt resides at 1410 Ash Drive and opposes the planned unit development suggested by the applicant. 4:47:40 Public Comment - No name given Mr. [no name given] [address unknown] focused on storm drains and storm water. He would like to partner with the Bozeman Creek Neighborhood Association to create a storm water treatment facility. 4:51:44 Public Comment - Casey Cassidy Ms. Cassidy resides at 1316 South Rouse. She encourages finding an equitable solution between the residents of the Hyalite subdivision and the Manions. 4:52:42 Public Comment - Leonard Baluski Mr. Baluski resides at 1416 South Rouse Ave. and noted that if the proposed Edgewater development is not stopped now it will come within yards of his property, blocking the viewshed. He suggested that the Knolls is within hundreds of yards of the nearest home and does not block the viewshed. 4:53:52 Applicant Rebuttal Jason Leep appeared for the applicant. 9 63 5:10:30 Motion to table The Knolls at Hillcrest Planned Unit Development #P-07007 for 3 weeks until April 23. It was moved by Cr. Kirchhoff, seconded by Cr. Becker, to table for three weeks this item (The Knolls at Hillcrest Planned Unit Development #P-07007) during which time the applicant participates with Gallatin Valley Land Trust, and any other parties agreed to between applicant and GVLT, to open a conversation regarding both the number of lots allocated and the location of the lots allocated in the Transfer Development Rights, keeping in mind the impact on trails, future use of trails, ideal placement of trails for multiple use, and the impact of this TDR decision on the future of the TDR program and the Bozeman Creek Corridor Sub-Area Plan that it comes from, as referenced in the GVLT memo. 5:13:06 Mayor Krauss - Suspension of the Rules Mayor Krauss suspended the Rules until 11:15 pm. 5:13:18 Vote to table The Knolls at Hillcrest Planned Unit Development #P-07007 for 3 weeks until April 23. [It was moved by Cr. Kirchhoff, seconded by Cr. Becker, to table for three weeks this item (The Knolls at Hillcrest Planned Unit Development #P-07007) during which time the applicant participates with Gallatin Valley Land Trust, and any other parties agreed to between applicant and GVLT, to open a conversation regarding both the number of lots allocated and the location of the lots allocated in the Transfer Development Rights, keeping in mind the impact on trails, future use of trails, ideal placement of trails for multiple use, and the impact of this TDR decision on the future of the TDR program and the Bozeman Creek Corridor Sub-Area Plan that it comes from, as referenced in the GVLT memo.] Those voting Aye being Crs. Kirchhoff, Becker, and Rupp. Those voting No being Mayor Krauss. Those absent being Cr. Jacobson. The motion carried 3 - 1. 5:13:46 9. The Knolls East/Highland South Major Subdivision Preapplication #P- 07002 5:13:54 Applicant Jason Leep, appearing on behalf of the applicant, requested that The Knolls East/Highland South Major Subdivision Preapplication #P-07002 be considered at “some other time.” 5:13:57 Planning Director Andy Epple Mr. Epple suggested that The Knolls East/Highland South Major Subdivision Preapplication #P- 07002 be placed on the same agenda as The Knolls at Hillcrest Planned Unit Development #P- 07007: April 23, 2007. 5:14:40 I. FYI/Discussion 10 64 5:14:54 Mayor Krauss Mayor Krauss reminded the Commission about the 3:00 pm Work Session on April 2, 2007. 5:15:06 Mr. Kukulski Mr. Kukulski informed the Commission that the Work Session on April 2, 2007 will include updates from independent consultants on police facilities and staffing levels. 5:15:41 Cr. Rupp Cr. Rupp stated that he welcomes any discussion about the legalities raised by (Mr. Chase) during public comment. 5:17:06 J. Adjournment Mayor Krauss adjourned the meeting at 11: 00 pm. ______________________________________ Jeffrey K. Krauss, Mayor ATTEST: ______________________________________ Brit Fontenot, City Clerk PREPARED BY: ______________________________________ Brit Fontenot, City Clerk Approved on ___________________________. 11 65