HomeMy WebLinkAbout3 - 05-07-2007_April 2, 2007_3LINKED MINUTES OF THE CITY COMMISSION WORK SESSION
BOZEMAN, MONTANA
April 2, 2007
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The Commission of the City of Bozeman met in the Community Room, Gallatin County
Courthouse, 311 West Main Street for a Work Session on Monday, April 2, 2007 at 3:00 pm.
Present were Mayor Jeff Krauss, Cr. Kaaren Jacobson, Cr. Sean Becker, Cr. Jeff Rupp, Cr. Steve
Kirchhoff, City Manager Chris Kukulski, Police Chief Mark Tymrak, City Attorney Paul Luwe,
Director of Finance Anna Rosenberry, Planning Director Andy Epple, and Deputy City Clerk
Cynthia Jordan Delaney.
0:12:21 A. Work Session - Call to Order - 3:00 pm - Community Room, Gallatin County
Courthouse, 311 West Main
0:12:26 1. Special Presentation: Resource Analysis Findings & Projections Report
(Freesmeyer of Etico Solutions, Inc.)
0:13:12 Mark Tymrak, Police Chief
Chief Tymrak introduced Timothy Freesmeyer of Etico Solutions, Inc. to offer the first
presentation.
0:15:42 Timothy Freesmeyer, Etico Solutions, Inc.
On behalf of the Bozeman Police Dept., Mr. Freesmeyer explained the process used to determine a
recommended level of staffing for their agency. He laid groundwork for what he thinks would be
an estimated forecast for the next 25 years for the Police Dept.
0:46:57 Mayor Krauss
Mayor Krauss asked Mr. Freesmeyer if all hours and days are equal in his analysis; if they have to
have the same obligated or unobligated time even at 3:00 am.
0:49:28 Chief Tymrak
Chief Tymrak responded that the Police Dept. has no established beats. They try to live up to that,
but it is extremely difficult. He wanted the Commission to keep in mind that in one call they can
reach saturation with five or six officers on duty. If there is a major event downtown, there is no
one else out there spread around the city.
0:52:09 Cr. Rupp
Cr. Rupp clarified that for obligated and unobligated time to have one officer per ten hour shift
there is a 2.5 multiplier: for that one officer's ten hour shift, there must be 2.5 officers and twenty-
five hours of time.
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0:54:23 2. Special Presentation: Police and Municipal Court Needs Assessment and Facilities
Plan (Kaufmann of Carter Goble Lee)
0:54:25 Chief Tymrak
Chief Tymrak introduced the second presenter, Anders Kaufmann of Carter Goble Lee.
0:56:17 Anders Kaufmann, Carter Goble Lee
Mr. Kaufmann stated that Carter Goble Lee was asked to project future staff levels and associated
space needs. They were asked to create a space program based on the 20 year projected needs of a
facility like this, to evaluate and identify specific sites that would be appropriate for a facility, and
to develop an estimated budget for the new facility. The space projection is 14,700 square feet
needed for the Police Dept. (current space is 4,311 square feet). The space projection is 5,070
square feet needed for the Municipal Court (current space is 2,368 square feet).
1:12:49 Mayor Krauss
Mayor Krauss asked if the assumption is that at the end of 20 years they would be out of space and
would need a new 20 year bond, or if the facility will be adequate for 40 years.
1:20:24 Mr. Kaufmann
Mr. Kaufmann said his firm was able to identify three sites that were feasible for the Police
Headquarters and Municipal Court: Mandeville Farm (28.4 acres), Law & Justice Center site (5
acres), and City Shops site (4.19 acres).
1:21:47 Mr. Kaufmann
Mr. Kaufmann stated that five acres is a minimum in their opinion. Five acres was based on a
footprint of approx. 27,000 square feet and 240 surface parking spaces. The footprint can be
reduced if the building is higher than two stories high.
1:22:46 Mr. Kaufmann
Mr. Kaufmann stated that they were asked to look at a portion of the Mandeville Farm total site
(the triangle). The portion the City owns is large enough for expansion and parking, and there is
separation from nearby land uses. The several significant disadvantages include easements across
the property; the access is from secondary roads, and the proximity to the railroad. He stated that
proximity to the railroad has concerned some people in terms of the potential for an accident; his
firm did a separate analysis about the railroad proximity.
The second site is a portion of the existing Law & Justice Center site (behind the existing jail); it is
adjacent to existing L & J facilities, and it has good public transportation. The disadvantages are
access from congested streets, it's surrounded by residential and commercial properties, a "non-
conforming" use, and there is very little opportunity for expansion.
1:25:23 Mr. Kaufmann
Mr. Kaufmann stated that the City Shops site came into the picture very late. It has the advantages
of being city-owned and having good street access. He agreed that it is barely adequate at 4.2 acres.
It can be done, but there is no expansion potential. Vertical expansion rarely works.
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1:30:10 Cr. Jacobson
Cr. Jacobson wanted to know what proportion of hazardous junk is actually running through
Bozeman before the Commission dismisses the Mandeville Farm site. She stated that if they can't
put a police station out there, they can't do anything else with those 80 acres either (if that's the
reason they can't use it).
1:30:47 Cr. Becker
Cr. Becker stated that the one thing nagging him with both presentations: what about the use of
programs, education, or technology to reduce the demand on police and law and justice resources?
He wants to see best practices, comparisons with other cities, and creative solutions. He said this is
a great starting point.
1:59:16 Cr. Jacobson
Cr. Jacobson stated that the Commission needs to decide whether to stay with the Sheriff's Dept. or
not, and it isn't being addressed in this particular study. She doesn't want to see the County Sheriff
and the City Police separated. She suggested reaching out and working with the County on a
location.
2:00:19 Mr. Kukulski
Mr. Kukulski stated that the goals of this are for the Bozeman Police Dept. to determine staffing
levels and facilities to serve the City. His concern is that they get into paralysis over this issue of
location and shared space. The goal is to clearly learn and communicate what are the needs to
service Bozeman.
2:01:26 Mayor Krauss
Mayor Krauss suggested another Commission Work Session where they talk about this and ask the
County specific questions.
2:06:49 Mayor Krauss
Mayor Krauss stated that he heard the Commission's consensus to take this information, compare it
to what they know the County is doing, and go forward with discussion with the County
Commission.
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LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
April 2, 2007
*****************************
The Commission of the City of Bozeman met in the Community Room, Gallatin County
Courthouse, 311 West Main Street, on Monday, March 19, 2007 at 6:00 pm. Present were Mayor
Jeff Krauss, Cr. Kaaren Jacobson, Cr. Sean Becker, Cr. Jeff Rupp, Cr. Steve Kirchhoff, City
Manager Chris Kukulski, Planning Director Andy Epple, City Attorney Paul Luwe, and Deputy
City Clerk Cynthia Jordan Delaney.
2:30:01 B. Call to Order - 6:00 pm - Community Room, Gallatin County Courthouse, 311
West Main
2:30:03 C. Pledge of Allegiance and Moment of Silence
2:30:58 D. Public Service Announcement - Parking Commission Presentation to Parking
Officers (Pope/McLane)
2:31:10 Chris Pope, Parking Commission Member
Mr. Pope presented awards on behalf of the Bozeman Parking Commission to recognize four
members of the Bozeman Police Dept. for their outstanding service in the parking realm.
2:32:37 Rich McLane, Police Lieutenant
Lt. McLane introduced Jackie Woosley, Bob Coffin, Connie Lien, and Kathy Middleton, and
commended them for their great work as parking officers.
2:34:44 E. Minutes - February 26, March 8 Policy Meeting, and March 23, 2007 Joint
City-County Meeting
2:34:53 Motion and Vote to approve the minutes of February 26, March 8, and March 23,
2007.
It was moved by Cr. Becker, seconded by Cr. Rupp, to approve the minutes of February 26,
March 8, and March 23, 2007.
Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson and Mayor Krauss.
Those voting No being none.
The motion carried 5-0.
2:35:09 F. Consent
1. Authorize Payment of Claims (LaMeres)
2. Finally Adopt Ordinance 1699, Parking Violations – Municipal Infractions (Luwe)
3. Approve the Warnick-Baxter Annexation #A-07002 (Sanford)
4. Approve the Story Mill Neighborhood Annexation #A-07003 (Bristor)
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5. Authorize City Manager to sign the following Release and Reconveyance of Easements for
the West Babcock Street SID Project: Donald D. Beatty; Benson Meadows LLC; Zach Bethke;
Mary Margaret Bertagnolli; Stephen H. Davenport and Nancy H. Davenport; Leland S. Ferguson;
Jill Galt and Bill Galt; Jordan R. Goldsmith and Jesse A. Goldsmith; Net Lease Funding 2005, LP
and American Pizza Partners, LP; Edith J. Rowe; Steven L. Wenzel and Susan J. Smiley; and
Conrad Yerger, Jr. and Lillian M. Yerger (Stodola)
6. Approve the Buttrey's Solvent Site $2,569.64 Cost Recovery (Luwe)
7. Provisionally adopt Ordinance 1702, Baxter Meadows Planned Unit Development Zone
Map Amendment #Z-07011 (Saunders)
8. Authorize City Manager to sign Release and Reconveyance of Easement for The Knolls at
Hillcrest East (Murray)
9. Ratify City Manager's signature on the [Communications Site] Pre-Award Agreement
between the Department of Military Affairs, Disaster and Emergency Services (Acting as the State
Administrative Agency) and the City of Bozeman (Winn)
10. Authorize City Manager to sign West Winds Subdivision Phase 3 Public Street and Utility
Easement and Release and Reconveyance of Public Street Easement (Cascade Development, Inc.)
(Stodola)
2:35:33 Motion and Vote to approve Consent items 1-10.
It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to approve Consent items F 1-10.
Those voting Aye being Crs. Rupp, Kirchhoff, Jacobson, Becker, and Mayor Krauss.
Those voting No being none.
The motion carried 5-0.
2:35:46 G. Public Comment
2:36:25 Thomas Mosser - Public Comment
Mr. Mosser, of 120 W Main Street, wanted to make sure that the Commissioners had received the
copy of comparisons for the drive approaches and the letter dated March 29. He offered two new
letters of support for the record. He apologized to Cr. Becker for his behavior in the middle of Cr.
Becker's motion (March 19, 2007) and stated that it will not happen again. He stated that this
project is not about him; it is about the building. He wanted to make his resume and letters of
reference part of the record to show his credibility.
2:39:13 Bob Chase - Public Comment
Mr. Chase, of Black Ave., stated that most people would give a resounding yes for affordable
housing until you explain who the beneficiaries would be and ask if they want a new housing
authority to oversee the program (then the answer is no). He stated that builders and developers
don't want another layer of review by a new department, and that extra review will drive up the
costs of houses. He asked the Commission to take a fresh look at the process because he doesn't
think this proposed ordinance resembles what the citizens want.
2:41:27 Public Comment closed.
Mayor Krauss closed public comment.
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2:41:50 H. Action Items
2:41:52 1. Breaking of the 2-2 tie vote on Cr. Becker's March 19, 2007 motion to approve
the City Hotel and Residence Club Site Plan and Certificate of Appropriateness
Application as recommended by the Design Review Board, deferred from
March 26, 2007 (Krauss)
2:42:06 Mayor Krauss
Mayor Krauss stated that the Commission has received considerable public comment since the time
of the vote. Mr. Mosser had given the Commission a different plan to address Mayor Krauss'
concerns about public safety (on the street/interaction with pedestrians). He was prepared to vote
on the motion, but he was hoping to entertain a motion to suspend the Rules of Procedure to have
discussion.
2:43:09 Motion to suspend the Rules.
It was moved by Cr. Becker, seconded by Cr. Rupp, to suspend the Rules.
2:43:14 Mayor Krauss
Mayor Krauss suggested that Cr. Becker's motion say it will suspend the Rules for a specific
purpose.
2:43:32 Withdrawal of Second
Cr. Rupp withdrew his second for the motion.
2:43:36 Withdrawal of Motion
Cr. Becker asked Cr. Rupp to start over with a new motion.
2:43:38 Motion to suspend the rules to allow Mayor Krauss to enter into discussions and ask
questions.
It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to suspend Rules that would allow
Mayor Krauss to enter into discussions and ask questions of staff and applicant that Mayor
Krauss thinks would be appropriate and needed to cast his vote.
2:44:14 Vote to suspend the rules to allow Mayor Krauss to enter into discussions and ask
questions.
[It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to suspend Rules that would allow
Mayor Krauss to enter into discussions and ask questions of staff and applicant that Mayor
Krauss thinks would be appropriate and needed to cast his vote.]
Those voting Aye being Crs. Rupp, Kirchhoff, Becker, and Mayor Krauss.
Those voting No being Cr. Jacobson.
The motion carried 4-1.
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2:46:55 Mayor Krauss
Mayor Krauss stated that the "safest" submission from Mr. Mosser (with only one entrance from
Main Street into the City Hotel and Residence Club parking) is what he hopes the Planning and
Engineering staff would consider when looking at that design.
2:49:27 Vote of Mayor Krauss to Break the Tie
Mayor Krauss stated that the suspension of the rules is over, and he voted Aye on Cr.
Becker's March 19, 2007 motion. (See below.)
The motion carried 3-2.
[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, with no conditions as the applicant wanted.
Those voting Aye being Cr. Becker and Mayor Pro Tem Jacobson.
Those voting No being Crs. Rupp and Kirchhoff.
Mayor Krauss will break the 2-2 tie on March 26, 2007.]
2:50:17 2. Allison Zone Map Amendment #Z-06205 (Windemaker)
2:50:48 Lynette Windemaker, Contract Planner for Planning Dept.
Ms. Windemaker presented the staff report. This is a request from Bon Ton, Inc. of Billings for a
Zone Map Amendment on 14 acres that is currently zoned R-1, but the property owners request R-
3. Based on the Zoning Commission’s recommendation, Planning staff recommends that the
property be designated R-2 and R-3 with three contingencies. Much public comment has been
received.
2:55:44 Gene Graf, Applicant
Mr. Graf, of Bon Ton, Inc. of Billings, stated that when they laid out the subdivision, they ended up
with large lots on the North end. Rather than try to do spot zoning on those seven lots, he wanted
everything east of Keeton to be a duplex/townhouse on smaller lots (probably do more
affordability). Revised R-2 zoning offers everything they need east of Keeton Street. They still
have some difficulties with the excess size of lots in the North end so they want to leave those R-3.
2:57:54 Public Comment opened.
Mayor Krauss opened the public comment only for the Allison Zone Map Amendment.
2:59:11 Rick Meese - Public Comment
Mr. Meese, of 704 Arnold, is very adjacent to this property. He had asked questions of the Planning
Dept. about lots: According to the UDO, a lot will be counted as one if there are adjacent lots
owned by the same owner. He wanted to know if that same designation applies to the subdivision
itself, which is a single lot until it is approved.
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3:03:18 Megan Snodgrass - Public Comment
Ms. Snodgrass, of 2115 Westridge Dr. (lot 5 on the map), questioned the argument that the R-2
zoning is going to create a buffer between the business park and the R-1 neighborhood (Figgins). It
would create an island of R-2 in the middle of two R-1 areas and will cause a disruption in the
character of their existing neighborhood. She appreciates that the City is suggesting not to give
variances for traffic.
3:04:26 Dexter Wester - Public Comment
Mr. Wester, of 2601 Westridge Dr. (lot 7 on the map), wanted to offer a clarification for the City
Attorney. He stated that if you look at where lot 5 is coming down by lot 9, there is an arc drawn
determining what the 150 feet mark is. He is in lot 7, and if you draw the arc, he would be within
the boundaries. It would add a 10th person to the petition/comments. They originally asked for this
item to stay R-1.
3:05:39 Public Comment closed.
Mayor Krauss closed public comment.
3:13:31 Motion to approve the Allison Zone Map Amendment as conditioned by the Zoning
Commission.
It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to approve the Allison Zone Map
Amendment as conditioned by the Zoning Commission changing what was requested from R-
3 to R-2 east of Keeton and saving R-3 west of Keeton, subject to the three contingencies in
the staff report.
3:28:50 Amended Motion Language
Cr. Rupp asked if there is interest in having that strip of buffering (Salgado) in R-1 zoning, having
R-1 to the east of Salgado.
3:32:27 Amended Motion to put R-1 zoning (east of Salgado).
It was moved by Cr. Rupp, seconded by Cr. Jacobson, to amend Cr. Kirchhoff's original
motion to put R-1 zoning (east of Salgado).
3:34:57 Request for Friendly Amendment to Cr. Rupp's Amendment to Cr. Kirchhoff's
Original Motion
Mayor Krauss requested a friendly amendment: draw a line east and west at O'Quinn Street
and use lot 30 and south as the R-1 line. Instead of that curve, just go straight across to lot 30.
3:36:10 Cr. Rupp accepted Friendly Amendment.
Cr. Rupp accepted Mayor Krauss' friendly amendment.
3:36:34 Mayor Krauss
Mayor Krauss stated that north of lot 30 is R-2; south of lot 30 would be R-1.
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3:37:01 Mr. Epple clarified the Amendment.
Mr. Epple asked Mayor Krauss for clarification: extending the north side of O'Quinn Street straight
as the yellow line comes across through the lots on the east of Salgado Street. North of the yellow
line at Salgado Circle is R-2, and R-1 south of that line down to Arnold Street. There would be a
combination of the extension of R-1 along the linear park (keep it at R-1), change to R-2 in areas
Mayor Krauss just described east of Keeton Street, and then R-3 as recommended by Zoning
Commission for Block 1.
3:38:26 Cr. Rupp accepted the Amendment.
Cr. Rupp accepted the amended motion language and stated he is okay with the R-3 zoning.
3:38:31 Cr. Jacobson seconded the Amendment.
Cr. Jacobson agreed to second the amendment after she stated she wished the entire subdivision
could remain R-1 zoning.
3:38:45 Mr. Epple
Mr. Epple clarified that this proposal would leave R-1 everything south of lot 30 on the east side of
Salgado Street. On the west side of Salgado Street over to Keeton in that triangle area, that would
be R-2 (as written).
3:39:12 Mayor Krauss
Mayor Krauss confirmed that everything else is as suggested by (Zoning Commission). The
proposal is not to rezone the stretch east of Salgado Street and south of lot 30.
3:43:05 Vote on the Amended Motion and the Friendly Amendment to Cr. Kirchhoff's
Original Motion.
It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to approve the Allison Zone Map
Amendment as conditioned by the Zoning Commission changing what was requested from R-
3 to R-2 east of Keeton and saving R-3 west of Keeton, subject to the three contingencies in
the staff report, including Cr. Rupp's Amended Motion to amend Cr. Kirchhoff's original
motion to put R-1 zoning (east of Salgado), and Mayor Krauss' Friendly Amendment
accepted by Cr. Rupp and Cr. Jacobson to draw a line east and west at O'Quinn Street and
use lot 30 and south as the R-1 line. Instead of that curve, just go straight across to lot 30.
Contingencies:
1. The property east of Keeton Street shall be classified as R-2 (Residential Two
Household, Medium Density District) and the property west of Keeton Street shall be
classified as R-3
(Residential Medium Density District).
2. 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,
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which will be utilized in the preparation of the Ordinance to officially amend the City
of Bozeman Zoning Map.
3. The applicant shall submit a zone amendment map to the Planning Office, titled
"Allison 2 Zone Map Amendment," within 45 days of approval by the City
Commission on: 1) a 24-inch x 36-inch mylar; 2) an 8½-inch by 11- or 14-inch paper
exhibit; and 3) a digital copy of the area to be rezoned. Said map shall contain the
metes and bounds legal description, 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, as certified by
a licensed Montana surveyor and acceptable to the Director of Public Service. A one-
time extension of 45 days may be granted by the Planning Director.
Those voting Aye being Cr. Rupp and Mayor Krauss.
Those voting No being Crs. Kirchhoff, Jacobson, and Becker.
The motion failed 2-3.
3:43:34 Vote on Original Motion to approve the Allison Zone Map Amendment as
conditioned by the Zoning Commission.
[It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to approve the Allison Zone Map
Amendment as conditioned by the Zoning Commission changing what was requested from R-
3 to R-2 East of Keeton and saving R-3 West of Keeton, subject to the three contingencies in
the staff report.] (See contingencies above.)
Those voting Aye being Crs. Kirchhoff, Becker, and Mayor Krauss.
Those voting No being Crs. Jacobson and Rupp.
The motion carried 3-2.
3:43:56 3. Allison Subdivision Future Phases, Major Subdivision Preliminary Plat #P-
06051 (Skelton)
3:44:51 Dave Skelton, Senior Planner
Mr. Skelton presented the staff report for this proposed 24 phase subdivision. He discussed
concerns with flooding, groundwater, stormwater runoff, and traffic impacts. He stated that staff
recommends a "No Basement" restriction to houses along the Figgins Creek Corridor. He indicated
that the Planning Board voted 6-0 for conditional approval of the preliminary plat application with
the conditions outlined in Planning Board Resolution #P-06051, adding condition #37 (and
including a condition to eliminate the cul-de-sacs in blocks 17-19). In terms of the three variances
requested by the applicant, the Planning Board recommended approval of the "Neighborhood
Centers" variance, but denial of the "Watercourse Setback" and "Level of Service Standards"
variances.
4:16:00 Gene Graf, Applicant
Gene Graf, of 3300 Grouse Street #49, stated that he tried to listen to the objectives of the City to
make a more affordable development. He tried to make all lots 5,000 feet, but the layout prohibited
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it because of the existing parameters of the streets. He stated that dead-ending Arnold Street was
done on purpose. He asked for clarification from the Commission on phasing the development in
small chunks, advocating for cul-de-sacs, and figuring out how to do his share of the regional park.
4:19:54 Ray Center, Applicant
Mr. Center, of Rocky Mountain Engineers, said there were conflicting streets that needed to fit:
North 11th Avenue to South 11th Avenue has to change its alignment from north to south. Graf
Street is similar. Having park land in a location that will benefit the city in the NW corner is
important. That is where Arnold Street will stop; it dead-ends at the park land. They chose the cul-
de-sac alignment from east to west (south of Graf) to keep lots large and to minimize single family
homes on a collector street. He stated that groundwater should be decreased because it will be taken
away before it can run into the ground.
4:30:00 Public Comment opened.
Mayor Krauss called for public comment.
4:30:16 Tracy Poole - Public Comment
Mr. Poole, of Hyalite View Drive, stated that he is the owner of the development to the west. He
wanted to clarify that it isn't necessarily true that he requested or preferred Graf Road being drafted
in a straight line. In the most recent application process, he was asked during a DRC Review
meeting to keep that line straight. Thus, he drafted his plan in a straight line. When the Allison
Subdivision became active again, the two streets didn't line up. He wanted to know what the
Commission wants. He stated that he thinks having the park land aggregated is great.
4:31:36 Rick Meese - Public Comment
Mr. Meese, of 704 Arnold, stated his support for the park proposal/variance. He said the design
alternative showing Salgado shooting out to 11th instead of feeding Keeton onto Arnold is
problematic. The design should attempt to feed toward the collector. If it has to feed to Arnold, put
traffic calming devices there. He offered input about 11th and Kagy, 7th and Kagy, and 3rd and
Arnold. There is more groundwater coming all the time; sump pumps are running continuously in
those areas.
4:36:05 Susan Bolgiano - Public Comment
Ms. Bolgiano, of 704 Arnold, stated that she hasn't seen any testimony that the detention pond
network will keep water out of crawl spaces and basements. She asked what safeguards are in place
to make sure these ponds will be maintained to keep more flooding from happening in the adjacent
homes. Since traffic will increase, her neighborhood asks the Commissioners to follow through
with the Planning Board's recommendation to deny the traffic mitigation variance. She also doesn't
want construction traffic on Arnold and Westridge.
4:37:29 Ted Lange - Public Comment
Ted Lange, of 25 N Wilson and the Gallatin Valley Land Trust, made comments about trails and
open space. He strongly urged the Commission to require the Gallagator Trail to remain on the
west side of creek (near Graff and along Alder Creek) and have the proper alignment. He said there
are critical mid-block crossings at Graf and Arnold. He wanted the wetlands variance denied. The
south side of Graf makes sense as a shared use path.
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4:40:49 Brad Ebel - Public Comment
Mr. Ebel, of 2605 Westridge, expressed concern that no one knows what the 100 year flood plain
is. He didn't want the Commission to grant the wetland setback variance since the detention ponds
are being designed for the 25 year flood. With more development, the 100 year flood plain will go
up as years go by.
4:42:18 Erin Jones Graf - Public Comment
Ms. Graf, of 2129 Ferguson, stated that she feels that the public is failing to see history and values,
and the Graf family has been in this valley for 100 years and has developed the majority of this
valley. She stated that everything that the Graf family has done is for the betterment of people who
live here and for this town, not to make money.
4:43:37 Jim Evans - Public Comment
Mr. Evans, of 2863 N 27th #2, encouraged the Commission to think of him as a consumer since
this subdivision provides hope and a pull for young families who want to have a home and kids. He
said he knows a lot of young couples who want to live near their parents and the schools they grew
up in that area. Every time the lots are switched around, it affects his affordability. It is a beacon of
hope to come back into the heart of Bozeman affordably, especially if this development is done
right.
4:45:42 Megan Snodgrass - Public Comment
Ms. Snodgrass, of 2515 Westridge Drive, stated that no one is trying to call into question the
integrity of the developer. She pointed out that the higher density housing built on the south side of
town is far more expensive ($350,000-$450,000 condos) than the R-1 housing she bought into last
year. She chose the area of town she did because it was lower density. She stated that being higher
density doesn't make something less expensive.
4:46:56 Jason Tost - Public Comment
Mr. Tost, of 2915 Westridge Drive, stated that he is concerned with traffic being diverted through
existing developments into the proposed collectors of 11th and Graf. He asked if it is likely that
they will see additional traffic bypass through local streets.
4:48:03 Public Comment closed.
Mayor Krauss closed public comment.
4:48:09 Bob Abelin, Applicant
Mr. Abelin, of Abelin Traffic Services, did the traffic report for this project. The most difficult
question is ‘what will happen when South 11th hooks into Graf?' After looking at the transportation
plan, it is clear that there will be quite a bit of traffic using 11th N to S. He thinks that traffic on
Kagy would probably go down between 11th and Wilson, but there will be an increase of traffic
volumes on Graf. He recommends signalizing Kagy and 11th.
5:10:49 Mayor Krauss
Mayor Krauss stated that he read condition #6 as saying that any streets that intersect into 11th or
Graf will be right in, right out (verified by Mr. Murray). He stated that needs to be on the record.
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5:15:13 Cr. Jacobson
Cr. Jacobson asked Mr. Murray that if there is no water in Figgins Creek, what would be a
plausible explanation for water in the basements in that subdivision.
5:22:56 Cr. Jacobson
Cr. Jacobson suggested that since there will be so many phases of this subdivision, she asked if
they could monitor the situations with groundwater and basement flooding and try to pinpoint why
it's happening and what could be done.
5:25:32 Mr. Skelton
Mr. Skelton stated that they could easily establish locations for monitoring wells and monitor them.
If Cr. Jacobson chooses to go down the route of a condition, he thinks the applicant would be glad
to do that.
5:31:56 Cr. Jacobson
Cr. Jacobson asked Mr. Skelton whether there would there be any objection to incorporating the
Gallatin Valley Land Trust's requested conditions 1-14 word for word (from GVLT's letter on page
453 in the packet).
5:32:21 Mr. Skelton
Mr. Skelton advised that probably the best thing to do is to modify condition #37 to include the
comments by GVLT.
5:33:44 Discussion of Motion Language
Cr. Jacobson stated that this is what she was thinking for motion language: to adopt the staff
conditions, with the exception of taking condition #37 and incorporating Gallatin Valley Land
Trust's language on page 453-454 (of the packet), and she wanted to include language about
establishing monitoring wells at some point (although she didn't know how to state it).
5:35:18 Mr. Murray
Mr. Murray stated that he would say that "they shall install half a dozen monitoring wells along
Figgins Creek on their side."
5:35:51 Mr. Epple
Mr. Epple added more motion language to Mr. Murray's comment: "a half dozen monitoring wells
be placed along Figgins Creek and that the results of the monitoring be presented to the
Commission with each subsequent final or preliminary plat application for review."
5:36:26 Mr. Skelton
Mr. Skelton wanted to expand the language "to ensure that we get annual logs every month or so."
He said he knew there was some concern about monitoring wells throughout the entire subdivision,
besides just the Figgins Creek corridor.
5:36:42 Discussion of Motion Language
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Cr. Jacobson added, "Shall install six monitoring wells along Figgins Creek and that the results of
such monitoring be presented to the Commission with each subsequent preliminary or final plat
application."
5:37:59 Motion to approve the Allison Subdivision Future Phases, Major Subdivision
Preliminary Plat #P-06051 with conditions.
It was moved by Cr. Jacobson to approve the Allison Subdivision Future Phases, Major
Subdivision Preliminary Plat #P-06051 as conditioned per Planning Board Resolution #P-
06051 as conditioned by staff with the exception of removing condition #37 and replacing it
with the fourteen Gallatin Valley Land Trust requests. Further, there shall be installed six
monitoring wells along Figgins Creek and that the results of the monthly monitoring be
presented to the Commission with each subsequent preliminary or final plat application.
5:39:50 Cr. Becker and Cr. Rupp passed.
5:39:59 Motion seconded.
Cr. Kirchhoff seconded the motion.
5:43:53 Cr. Rupp
Cr. Rupp wanted to drop item #10 (from the Planning Board Resolution) as part of his concern for
passing, and he wanted to delete the intersection of South 3rd and Arnold from the list.
5:51:30 Amended Motion to withdraw the fourteen Gallatin Valley Land Trust requests and
to reinsert condition #37.
Cr. Jacobson amended the motion to withdraw the fourteen Gallatin Valley Land Trust
requests and to reinsert condition #37.
5:51:49 Cr. Kirchhoff accepted Amended Motion.
Cr. Kirchhoff accepted the amended motion.
5:51:50 Mayor Krauss clarified Amended Motion Language.
Mayor Krauss confirmed the language of the motion to approve the subdivision subject to the
conditions in the Planning Board Resolution. Mayor Krauss further confirmed the motion to
include monitoring wells.
5:52:04 Cr. Kirchhoff
Cr. Kirchhoff affirmed his second of the motion upon clarification by Mayor Krauss.
5:55:48 Vote on Cr. Jacobson's Amended Original Motion as recommended by Planning
Board Resolution with the inclusion of six monitoring wells along Figgins Creek.
[It was moved by Cr. Jacobson, seconded by Cr. Kirchhoff, to approve the amended original
motion as recommended by Planning Board Resolution with the inclusion of six monitoring
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wells along Figgins Creek.]
Planning Board Resolution Conditions of Approval:
1. A 1' No Access Strip shall be shown on the plat along the entire frontage of 11th
Avenue and Graf Street.
2. A temporary turnaround shall be installed at the end of any dead end street which is
more than 1 lot long. This shall include dead ends created by project phasing.
3. The water main shall be 24" diameter in Graf Street and 12 " diameter in 11th
Avenue in accordance with the City's Water Master Plan.
4. If an easement can be obtained for South 15th Avenue and Arnold Street from the
adjacent landowner, the entire street section exclusive of the sidewalk on the
adjoiner's side shall be constructed. If the easement cannot be obtained, curb, gutter,
standard boulevard, and sidewalk on the subdivisions side, along with a minimum
pavement width of 24' shall be installed.
5. Stormwater shall not be discharged to any irrigation ditch unless a variance is
requested and approved by the City Commission.
6. All street intersections not meeting the separation distance required by section
18.44.090.D of the UDO shall be right in right out only at their intersection with 11th
and Graf unless the information required by section 18.44.090.H to grant a deviation
by is provided to and approved by the City Engineer.
7. Radiuses to accommodate turning movements shall be installed in all of the alleys.
8. South 11th Avenue shall be constructed in its entirety from its current terminus to the
north and south with the first phase of the subdivision unless otherwise approved by
the City Commission. If it is not required, an alternate phasing plan of streets with
two street connections out of this subdivision for all phases shall be submitted for
review and approval by City Engineering and the Fire Marshall.
9. All improvements necessary to provide adequate level of service at the intersections
analyzed in the Traffic Impact Analysis (TIS) must be installed or financially
guaranteed prior to filing of the plat for each phase. No building permits will be
issued for a phase until all improvements required for the phase are installed and
accepted. Approval of the TIS must be obtained from the Montana Department of
Transportation and for all improvements along Kagy Boulevard.
Planning Office:
10. The cul-de-sacs south of Graf Street do not appear to be necessary due to topography,
the presence of critical lands, access control, adjacency to parks or open space, or
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similar site constraints in accordance with §18.44.010.I and shall be eliminated.
11. The subdivider shall obtain and provide written evidence of permission for any
relocation, piping or abandonment of ditches.
12. Graf Street shall include a 10 foot wide concrete boulevard sidewalk on the south side
of the collector road, if not on both sides.
13. The subdivider shall provide a neighborhood gathering place (pavilion with the initial
phases, meeting room within the aquatic center, etc.) and playground equipment in the
Community Park (neighborhood center) in addition to the standard requirement for
boulevard street trees, irrigation, seeding, sidewalks, etc.
14. Park dedication requirements shall be met prior to or in conjunction with each
subdivision phase. Documentation of satisfaction of park dedication requirements in
accordance with Section 18.50.020 of the BMC shall be provided.
15. Mid-block pedestrian walkways are required in the north half of Block 7 and in Block
4 to reduce the uninterrupted block length to less than 600 feet. Pedestrian rights-of-
way of at least 30 feet may have a 5 foot side yard setback adjacent to the rights-of-
way.
16. All lots shall be eliminated or redesigned to be located outside of the 100-year
floodplain and the 50-foot watercourse setback.
The minimum first floor elevation (including basement) shall be 2 feet or more above
the base flood elevation and the minimum first floor elevation shall be designated on
each lot on the final plat.
The Final Plat shall include a notation that although no lots are in the 100-year
floodplain, it is recommended that lot owners consider obtaining flood insurance due
to proximity to the 100-year floodplain, and that it is recommended that lot owners
consider construction of structures on suitable fill at an elevation no lower than the
base flood elevation.
17. Fences located in the front, side or rear yard setback of properties adjacent to any
park or open space shall not exceed a maximum height of 4 feet, and shall be of an
open construction designed in a manner to be consistent along the entire open space
corridor. This requirement with appropriate exhibits shall be addressed and
demonstrated in the covenants.
18. Trees may not be located within 10 feet of sewer and water services. Sewer and water
services shall be shown on the landscaping plan of the park and open space plan, and
approved by the Water/Sewer Superintendent.
19. Covenants shall address the requirements for street trees, a COB planting permit for
street trees and obtaining utility locates before any excavation begins in the COB right
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of way.
20. Water rights, or cash-in-lieu thereof, as calculated by the Director of Public Service, is
due with the final plat.
21. Sidewalks along park land should be constructed to a six foot width to accommodate
snow removal equipment.
22. The park(s) shall be titled "Public Park." The open space shall be titled "Open Space,
Public Access." Notes shall be included on the plat describing ownership and
maintenance responsibility for both the park and open space, e.g.: public park,
dedicated to the city and maintained by the homeowners association; and open space,
public access, owned by the landowners, maintained by the homeowners association,
etc. A twenty-five (25) public access easement centered on the Gallagator Trail shall
be provided on the final plat.
23. To enable the COB to proceed with plans for the Community Park (Aquatic Center),
the Community Park shall be dedicated and Arnold Street shall be dedicated or an
easement granted with final plat approval for the first phase.
24. To enable the COB to proceed with plans for the Community Park (Aquatic Center),
the subdivider shall install the public improvements to the east side of the Community
Park (including the construction of Arnold Street) no later than 3 years from the date
of final plat approval for the first phase, unless the COB agrees to a longer time frame
or to other another mechanism to guarantee installation of improvements. This
condition does not apply to the timing of any public improvements installation
required for subdivision lots.
25. The developer required improvements to the Community Park shall be designed and
installation phased to coordinate with the COB improvements to the Community
Park.
26. To ensure adequate access to and parking for the Community Park, Arnold Street
west of 11th Avenue, South 15th Avenue north of Graf Street, and all lots across
Vollmer Street and Spring Ridge Drive from the Community Park shall have a 1' No
Access Strip shown on the plat along the entire frontage. All driveways shall be from
other frontages or the alley.
27. The Gallagator Trail crossing of Graf Street shall be signed, physically delineated, and
have pedestrian bumpouts and pedestrian lighting.
28. The subdivider shall reconstruct the Gallagator Trail north of the Alder Creek
Subdivision as determined necessary by the Recreation and Parks Superintendent,
Recreation and Parks Advisory Board, and GVLT to bring it up to current
transportation trail standards.
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29. The Final Park Plan shall include:
a. Current and Future site plan(s) for the entire property with the current plan
showing developer installed improvements and the future plan showing any
planned improvements not intended to be installed by the developer;
b. The location of watercourse setbacks;
c. Park landscaping plan, prepared by a qualified landscape professional in
accordance with §18.78.100;
d. Trail design and construction showing compliance with adopted City standards
and trail classifications;
e. The requirement for a preconstruction meeting prior to any site work;
f. Appropriate sections from the "Design Guidelines for City of Bozeman Parks";
g. Cost estimate and installation responsibility for all improvements;
h. The park shall be described as a community park with a community aquatic
center and other features as determined by the COB.
i. It is preferable that improvements to the Gallagator Linear Trail Park and
Open Space corridor be installed before improvements to the community park.
30. Subdivision lighting SILD information shall be submitted to the Clerk of Commission
directly after Preliminary Plat approval in hard copy and digital form. The final plat
will not be deemed complete until the resolution to create the SILD has been approved
by the City Commission.
31. The Final Plat shall include a notation stating that due to evidence of high ground
water conditions in the area full or partial basements are not recommended. The final
plat shall contain a "No Basement" restriction notation specifically for phase three,
phase four, Lots 1-14 of Block 6, and Lots 27-48 of Block 4 unless the applicant is able
to provide further ground water information that would justify eliminating said
restriction. Buildings proposed for construction with crawl spaces or basements shall
include Engineer Certification regarding depth of ground water and soil conditions
and proposed mitigation methods to be submitted with each Building Permit.
32. The final plat for each phase shall identify the remainder (of each phase of the
subdivision) (of the original tract of record) to be platted as an undevelopable lot in
accordance with §18.74.080.B.6, BMC, with the following language placed on each
undevelopable lot of the final plat "Lot development subject to further subdivision
review." No public improvements shall be required for the undevelopable lot until it is
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subdivided as a lot which is not subject to this restriction.
33. All storm water facilities located in dedicated parkland or common open space, or the
Gallagator Trail corridor shall be reviewed and approved by City Engineer's Office
and Planning Office prior to proceeding with construction of said faculties.
34. 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.
35. That the applicant submit with the application for Final Plat review and approval of
Allison Subdivision., a written narrative stating how each of the conditions of
Preliminary Plat approval and code provisions outlined on pages 12-17 of the staff
report have been met or satisfactorily addressed.
36. The final plat shall comply with the standards identified and referenced in the
Bozeman Municipal Code. The applicant is advised that unmet code provisions, or
code provisions that are not specifically listed as conditions of approval, does not, in
any way, create a waiver or other relaxation of the lawful requirements of the
Bozeman Municipal Code or state law.
Planning Board:
37. That prior to submitting for final plat review and approval of the initial phase(s) of
said major subdivision the applicant will coordinate the location and placement of a
Type II gravel fines trail within the Gallagator Trail corridor with Planning Staff, City
Engineer's Office, Recreation and Parks Advisory Board, and Gallatin Valley Land
Trust, and that said trail improvements be outlined in the park master plan and
homeowner's association documents.
Cr. Jacobson's Condition:
38. Further, there shall be installed six monitoring wells along Figgins Creek and that the
results of the monthly monitoring be presented to the Commission with each
subsequent preliminary or final plat application.
Those voting Aye being Crs. Jacobson, Becker, and Kirchhoff.
Those voting No being Cr. Rupp and Mayor Krauss.
The motion carried 3-2.
5:56:56 Motion to delete condition of approval #10.
It was moved by Cr. Rupp to delete condition of approval #10 (in order to keep the cul-de-
sacs south of Graf Street).
5:57:00 Cr. Kirchhoff passed.
Cr. Kirchhoff passed.
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5:57:16 Cr. Becker seconded.
Cr. Becker seconded Cr. Rupp's motion to delete condition of approval #10, but expressed a desire
to eliminate the cul-de-sacs north of Graf.
5:57:21 Mayor Krauss
Mayor Krauss stated that the cul-de-sacs north of Graf would be considered separately.
5:57:44 Mayor Krauss
Mayor Krauss clarified that this is a vote to keep the cul-de-sacs south of Graf.
5:58:11 Vote to delete condition of approval #10 (in order to keep the cul-de-sacs south of
Graf Street).
It was moved by Cr. Rupp, seconded by Cr. Becker, to delete condition of approval #10 (in
order to keep the cul-de-sacs south of Graf Street).
This modifies the previous action by eliminating condition of approval #10 from the Planning
Board Resolution:
10. The cul-de-sacs south of Graf Street do not appear to be necessary due to topography, the
presence of critical lands, access control, adjacency to parks or open space, or similar site
constraints in accordance with §18.44.010.I and shall be eliminated.
Those voting Aye being Crs. Rupp, Becker, and Mayor Krauss.
Those voting No being Crs. Kirchhoff and Jacobson.
The motion carried 3-2.
5:58:40 Motion and Vote to extend Opportunity Drive to Salgado Circle and connect the cul-
de-sacs at Salgado Circle and Drobnyk Circle through to Opportunity Drive.
It was moved by Cr. Becker, seconded by Cr. Rupp, to extend Opportunity Drive to Salgado
Circle and connect the cul-de-sacs at Salgado Circle and Drobnyk Circle through to
Opportunity Drive.
Those voting Aye being Crs. Becker, Rupp, Jacobson, and Mayor Krauss.
Those voting No being Cr. Kirchhoff.
The motion carried 4-1.
5:59:50 Motion to remove South 3rd and Arnold from condition #3 (in order to grant the
variance for South 3rd and Arnold Street).
It was moved by Cr. Rupp, seconded by Cr. Becker, that under the conditions of approval the
intersection of South 3rd and Arnold be removed from condition #3 (in the staff report) and
anywhere else in the resolution or staff report (in order to grant the variance for South 3rd
and Arnold Street).
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6:00:29 Mayor Krauss clarified the Motion.
Mayor Krauss clarified that the motion would grant the variance for South 3rd and Arnold, but not
grant the variance for 11th and Kagy. Mayor Krauss stated that the motion must be reframed so that
it is understood.
6:00:54 Mr. Skelton
Mr. Skelton suggested motion language granting the variance to whatever intersections Cr. Rupp
feels are appropriate based upon the findings provided in the staff report.
6:01:13 Cr. Rupp
Cr. Rupp stated that he is not comfortable with Mr. Skelton's suggested motion language. He
wanted to stay with his original motion to delete South 3rd and Arnold Street from #3 of the
conditions of approval.
6:01:27 Mayor Krauss clarified the Motion and asked for a second.
Mayor Krauss clarified that condition #3 would read "Denial to Section 18.44.060.D "Level of
Service Standards" to allow the development of the subject subdivision without level of service
mitigation measures at the intersections of Kagy Boulevard and South 11th Avenue and Kagy
Boulevard and South 7th Avenue."
6:01:44 Cr. Rupp accepted Mayor Krauss' clarification.
Cr. Rupp accepted Mayor Krauss' clarification of his motion.
6:01:49 Cr. Kirchhoff passed.
Cr. Kirchhoff passed.
6:01:51 Cr. Jacobson seconded the Motion.
Cr. Jacobson seconded the motion.
6:04:14 Vote to remove South 3rd and Arnold from condition #3 (in order to grant the
variance for South 3rd and Arnold).
[It was moved by Cr. Rupp, seconded by Cr. Becker, that under the conditions of approval
the intersection of South 3rd and Arnold be removed from condition #3 (in the staff report)
and anywhere else in the resolution or staff report (in order to grant the variance for South
3rd and Arnold Street).
As clarified by Mayor Krauss, seconded by Cr. Jacobson, Condition #3 would read "Denial to
Section 18.44.060.D "Level of Service Standards" to allow the development of the subject
subdivision without level of service mitigation measures at the intersections of Kagy
Boulevard and South 11th Avenue and Kagy Boulevard and South 7th Avenue."]
Those voting Aye being Crs. Rupp, Becker, and Mayor Krauss.
Those voting No being Crs. Kirchhoff and Jacobson.
The motion carried 3-2.
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6:04:36 Mayor Krauss
Mayor Krauss wanted to address the issue of construction traffic on Arnold.
6:05:57 Mayor Krauss
Mayor Krauss asked for a motion.
6:06:24 Motion and Vote to route construction traffic away from Arnold Street from 3rd to
Allison.
It was moved by Cr. Becker, seconded by Cr. Kirchhoff, to route construction traffic away
from Arnold Street from 3rd to Allison.
Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson and Mayor Krauss.
Those voting No being none.
The motion carried 5-0.
6:07:44 Motion to restore condition #10 from the Planning Board Resolution (to eliminate the
cul-de-sacs south of Graf Street).
It was moved by Cr. Kirchhoff, seconded by Cr. Rupp, to restore condition #10 from the
Planning Board Resolution (to eliminate the cul-de-sacs south of Graf Street).
6:12:12 Vote to restore condition #10 from the Planning Board Resolution (to eliminate the
cul-de-sacs south of Graf Street).
[It was moved by Cr. Kirchhoff, seconded by Cr. Rupp, to restore condition #10 from the
Planning Board Resolution (to eliminate the cul-de-sacs south of Graf Street).]
Those voting Aye being Crs. Kirchhoff and Jacobson.
Those voting No being Crs. Rupp, Becker, and Mayor Krauss.
The motion failed 2-3.
6:12:45 Break
6:28:08 Suspension of Rules
Mayor Krauss suspended the Rules of Procedure to continue the meeting past 10 pm.
6:28:22 4. Story Mill Neighborhood Zone Map Amendment #Z-07014 (Bristor)
6:28:37 Mr. Epple
Andy Epple presented the staff report. He stated that Planning staff recommend approval of the
zone map amendment (a mix of zoning designations) with three contingencies.
6:35:42 Corey Ravniss, Applicant
Mr. Ravniss, of Hyalite Engineers, showed zoning diagrams to discuss the amount of acreage in
different zoning designations and the density. He stated that what they are really trying to do with
this project is to figure out a blend of sustainability, affordable housing, park and open space
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requirements, historic re-use and historic preservation, and significant brownfields redevelopment
and offsite infrastructure improvement. They feel that if they have the R-4 coupled with the
subsequent PUD they can achieve that balance through the development.
6:41:00 Public Comment
Mayor Krauss opened public comment.
There was no public comment.
6:41:36 Motion and Vote to approve the Story Mill Neighborhood Zone Map Amendment #Z-
07014 with three standard contingencies.
It was moved by Cr. Becker, seconded by Cr. Rupp, to approve the Story Mill Neighborhood
Zone Map Amendment #Z-07014 with the three standard contingencies as listed within the
staff report.
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 "Story Mill Neighborhood
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
Department of Planning & Community Development, 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.
Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson, and Mayor Krauss.
Those voting No being none.
The motion carried 5-0.
6:42:32 5. Baxter Meadows Planned Unit Development Phase 4 Minor Subdivision
Preliminary Plat #P-07004 (Windemaker)
6:42:46 Mr. Epple
Mr. Epple presented the staff report. He stated that this PUD is designed to facilitate transfers of
raw land that will enable a more cohesive development plan to emerge. It will also facilitate the
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Baxter Meadows Group to gift some land to the YMCA while maintaining the integrity of the
regional park. Basically, they are creating four lots for future subdivision.
6:46:28 Harley Heustis, Applicant
Mr. Heustis, of PC Development, represented the owner of the property, Baxter Meadows
Development. He stated that the goal is to transfer the large parcels of land for further development.
It's a remainder tract, and that's why they need to go through this process because it needs to be
legally transferable. They have no objections to the conditions as written.
6:47:52 Public Comment
Mayor Krauss opened public comment.
There was no public comment.
6:48:35 Motion to approve the Baxter Meadows Planned Unit Development Phase 4 Minor
Subdivision Preliminary Plat with conditions.
It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to approve the Baxter Meadows
Planned Unit Development Phase 4 Minor Subdivision Preliminary Plat with the conditions
outlined in the staff report.
6:50:22 Vote to approve the Baxter Meadows Planned Unit Development Phase 4 Minor
Subdivision Preliminary Plat with conditions.
[It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to approve the Baxter Meadows
Planned Unit Development Phase 4 Minor Subdivision Preliminary Plat with the conditions
outlined in the staff report.]
Conditions:
1. Building Permits will not be issued for any lot in this subdivision until all required on
and offsite improvements are completed and accepted by the City of Bozeman. No
building or structure requiring water or sewer facilities shall be utilized on any lot in
this subdivision until this restriction is lifted. This restriction runs with the land and is
revocable only by further subdivision or the written consent of the City of Bozeman.
2. The zoning map amendment shall be approved by the Commission, but the ordinance
need not be finalized, prior to final plat approval.
3. As further subdivision review is required before any portion of this subdivision can be
developed, the provision of water rights or cash in-lieu thereof as required in the
Annexation Agreement, shall be delayed until the property is further subdivided. If,
through any relaxation of this requirement, any portion of this minor subdivision is
developed for any reason or use, ALL water rights or cash in-lieu thereof for the entire
minor subdivision must be provided prior to issuance of final site plan approval
and/or a building permit, whichever first occurs. Water rights, or if water rights are
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not available cash-in-lieu thereof, are calculated by the City Engineer.
4. The final plat shall comply with the standards identified and referenced in the
Bozeman Municipal Code. The applicant is advised that unmet code provisions, or
code provisions that are not specifically listed as conditions of approval, does not, in
any way, create a waiver or other relaxation of the lawful requirements of the
Bozeman Municipal Code or state law.
5. This property is in the Baxter Lane Signal payback district. The payback shall be
made prior to filing of the final plat.
Those voting Aye being Crs. Kirchhoff, Jacobson, Becker, Rupp, and Mayor Krauss.
Those voting No being none.
The motion carried 5-0.
6:50:32 6. Warnick-Baxter Zone Map Amendment #Z-07010 (Sanford)
6:50:36 Mr. Epple
Mr. Epple presented the staff report. He stated that this is a 2.29 acre tract of land located to the
north side of Baxter Lane adjacent to the Baxter Meadows development. The applicant is proposing
R-3 zoning in conjunction with annexation. The Zoning Commission voted to approve the ZMA,
and there are four recommended contingencies.
6:56:18 Rob Pertzborn, Applicant
Mr. Pertzborn, of Intrinsik Architecture at 111 N. Tracy, represented landowner Mark Warnick.
They concluded that R-3 zoning was appropriate.
6:59:59 Public Comment opened.
Mayor Krauss opened public comment.
7:00:13 Lisa Anderson - Public Comment
Ms. Anderson, who lives on the corner on Baxter Lane and Harper-Puckett Road, stated that her
personal opinion is that R-3 is a pretty heavy density for that area. She said the overwhelming area
around this three acre parcel is truly single family residential. Their property on the corner is the
old Harper-Puckett School House, with a lot of historic value.
7:04:36 Public Comment closed.
Mayor Krauss closed public comment.
7:07:52 Motion to approve the Zone Map Amendment application as proposed with four
recommended contingencies.
It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to approve the Zone Map Amendment
application as proposed with the four recommended contingencies listed in #Z-07010.
7:09:11 Cr. Rupp
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Cr. Rupp commented about why he will vote against his motion.
7:10:22 Mayor Krauss
Mayor Krauss asked Cr. Rupp if he wanted to make an amendment to the motion.
7:10:39 Withdrawal of Motion
Cr. Rupp withdrew his motion.
7:11:33 Withdrawal of Second
Cr. Kirchhoff withdrew his second.
7:11:42 Motion to approve the initial zoning designation of R-1 with contingencies.
It was moved by Cr. Rupp to approve the initial zoning designation of R-1 with the
contingencies listed in the resolution attached.
7:11:57 Cr. Kirchhoff passed.
Cr. Kirchhoff passed.
7:12:04 Motion seconded.
Cr. Jacobson seconded Cr. Rupp's motion.
7:12:07 Vote to approve the initial zoning designation of R-1 with contingencies.
[It was moved by Cr. Rupp, seconded by Cr. Jacobson, to approve the initial zoning
designation of R-1 with the contingencies listed in the resolution attached.]
Contingencies:
1. The applicant shall submit a 24" x 36" mylar zone map titled "Warnick-Baxter Zone
Map Amendment;" 8½-inch x 11-inch, or 8½-inch x 14-inch paper exhibit; and a
digital copy of the area to be zoned, which will be utilized in the preparation of the
ordinance to officially amend the City of Bozeman Zoning Map. Said map shall
contain a metes and bounds legal description of the perimeter of the subject property
and zoning districts, total acreage of the property and each zoning district, and
adjoining rights-of-way and/or street access easements.
2. The Zone Map Amendment exhibit, and legal metes and bounds descriptions, shall
include the full width of the existing County road easement for the Baxter Lane right-
of-way.
3. The ordinance for the Zone Map Amendment shall not be drafted until the applicant
provides a metes and bounds legal description prepared by a licensed Montana
surveyor and map of the area to be rezoned, which will be utilized in the preparation
of the ordinance to officially amend the zone map.
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4. The ordinance for the Zone Map Amendment shall not be adopted until the Resolution
of Annexation is signed by the applicant and formally approved by the City
Commission. If the annexation is not approved, the zone map amendment application
shall be null and void.]
Those voting Aye being Crs. Rupp, Kirchhoff, Jacobson, and Mayor Krauss.
Those voting No being Cr. Becker.
The motion carried 4-1.
7:12:28 7. Appointment to the Senior Citizens Advisory Board (Delaney)
7:12:34 Motion and Vote to appoint Donna Garber to the Senior Citizens Advisory Board.
It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to appoint Donna Garber to the
Senior Citizens Advisory Board.
Those voting Aye being Crs. Rupp, Kirchhoff, Jacobson, Becker, and Mayor Krauss.
Those voting No being none.
The motion carried 5-0.
7:12:49 I. FYI/Discussion
7:12:49 Mayor Krauss
Mayor Krauss stated that for the record it was important to discuss whether or not to have a
Commission meeting on April 30, the last Monday of the month.
7:13:59 Mayor Krauss
Mayor Krauss stated that he heard four Commissioners say they didn't want to be at a meeting on
April 30.
7:14:52 Cynthia Jordan Delaney, Deputy City Clerk
Ms. Delaney verified that there will be no meeting on April 30.
7:15:01 Cr. Rupp
Cr. Rupp stated that he is interested in the Commission assuming a role in the remodel of the Rialto
Theater (if it needs to be so stated for the record) so that it doesn't go through a process and get
approved in a manner that he finds uncomfortable. He wanted to add that to a future discussion.
7:17:27 J. Adjournment
Mayor Krauss adjourned the meeting at 11:05 pm.
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Jeff Krauss, Mayor
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ATTEST:
______________________________________
Brit Fontenot, City Clerk
PREPARED BY:
______________________________________
Cynthia Jordan Delaney, Deputy City Clerk
Approved on ___________________________.
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