HomeMy WebLinkAbout06-04-07 packetTHE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
AGENDA
Monday, June 4, 2007
A. Call to Order – 6:00 pm – Community Room, Gallatin County Courthouse, 311
West Main Street
B. Pledge of Allegiance and a Moment of Silence
C. Public Service Announcement – Combating Graffiti and Vandalism (Semerau)
D. Authorize the Absence of Commissioner Rupp
*Consider a motion authorizing the absence of Cr. Rupp.
E. Minutes – May 14, 2007
*Consider a motion approving the minutes of May 14, 2007 as submitted.
F. Consent
1. Authorize Payment of Claims (LaMeres)
2. Authorize the City Manager to sign the Street and Utility Easement for
Saccoccia Minor Subdivision #P-07013 (Windemaker)
3. Finally adopt Ordinance No. 1681, creating Chapter 18.19 Urban Mixed
Use District (Saunders)
4. Finally adopt Ordinance No. 1704, Norton East Ranch Zone Map
Amendment #Z-06121 (Sanford)
5. Adopt Resolution No. 4023, Davenport Annexation #A-06013 (Sanford)
6. Provisionally adopt Ordinance No. 1708, Davenport Zone Map
Amendment #Z-06252 (Sanford)
7. Authorize the City Manager to sign Amendment No. 2 for the Wastewater
Facility Plan (Murray)
8. Authorize the City Manager to sign a Public Access Easement for
Woodhaven Village Condos (Heaston)
9. Approve the Award of CTEP Project STPE 1299(11), Historic School
Rehab – Bozeman, East Willson School Re-Roof Project (Folger)
*Consider a motion approving Consent items 1–9 as listed above.
G. Public Comment - Please state your name and address in an audible tone of voice
for the record. This is the time for individuals to comment on matters falling
within the purview of the Bozeman City Commission. There will also be an
opportunity in conjunction with each agenda item for comments pertaining to that
item. Please limit your comments to 3 minutes.
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H. Action Items
1. Reconsideration of Section 3 of Resolution No. 4009 as it relates to glass
disposal at the City of Bozeman Landfill (Fontenot)
*Consider a motion reconsidering Section 3 of Resolution No. 4009, originally approved
on March 26, 2007. If a motion to reconsider is successful, consider scheduling a public
hearing on a date certain and direct staff to return to the Commission on said date with a
revised resolution reflecting the desire of the Commission to continue to accept glass at
the City of Bozeman landfill.
2. Hope Lutheran Church Conditional Use Permit #Z-07088 (Riley)
*Consider a motion approving the Hope Lutheran Church Conditional Use Permit #Z-
07088 as conditioned by staff.
3. Brown Garage Certificate of Appropriateness with Deviations #Z-07102
(Bristor)
*Consider a motion approving the Brown Garage Certificate of Appropriateness with
Deviations #Z-07102 as conditioned by staff.
4. Revisions to Chapter 3.24 of the Bozeman Municipal Code, Impact Fees
(Saunders)
*Consider a motion continuing the public hearing to July 23, 2007 to coincide with the
second consideration of the updated Water and Sewer Impact Fee Studies.
5. Appointments to the Community Alcohol Coalition (Delaney)
*Consider a motion appointing up to two members to the Community Alcohol Coalition.
Consider appointing the Non-Hospitality Local Business Representative not only to
complete the vacant term expiring on June 30, 2007 but also for the entire three year
term expiring on June 30, 2010.
6. Appointment to the Historic Preservation Advisory Board (Delaney)
*Consider a motion appointing one member to the Historic Preservation Advisory Board.
Consider appointing that member not only to complete the vacant term expiring on June
30, 2007 but also for the entire two year term expiring on June 30, 2009.
7. Appointments to the Community Affordable Housing Advisory Board
(CAHAB) (Delaney)
*Consider a motion appointing up to two members to the Community Affordable Housing
Advisory Board.
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I. FYI/Discussion
J. Adjournment
City Commission meetings are open to all members of the public. If you have a disability that requires
assistance, please contact our ADA Coordinator, Ron Brey, at 582-2306 (TDD 582-2301).
Please note that agenda submissions must be received by the City Manager the Wednesday before the
Commission Meeting.
For further information please see the City of Bozeman webpage at www.bozeman.net.
Commission meetings are televised live on cable channel twenty.
Repeats are aired at 5 pm on Wednesday and Friday and 1 pm on Sunday.
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
May 14, 2007
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The Commission of the City of Bozeman met in the Community Room, Gallatin County
Courthouse, 311 West Main Street, on Monday, May 14, 2007 at 6:00 pm. Present were Mayor
Jeff Krauss, Cr. Sean Becker, Cr. Kaaren Jacobson, Cr. Steve Kirchhoff, Cr. Jeff Rupp, City
Manager Chris Kukulski, Planning Director Andy Epple, Assistant City Attorney Tim Cooper, and
City Clerk Brit Fontenot.
0:00:16 [17:05:51] A. Call to Order - 6:00 pm - Community Room, Gallatin County Courthouse,
311 West Main Street
Mayor Krauss called the meeting to order.
0:00:18 [18:01:58] B. Pledge of Allegiance and a Moment of Silence
0:01:17 [18:02:13] C. Public Service Announcement - Facilities Timeline and Funding Sources
0:01:23 [18:03:02] City Manager Chris Kukulski provided the public and the Commission with a
facilities timeline and funding sources update.
0:11:18 [18:03:13] E. Consent
1. Authorize Payment of Claims (LaMeres)
2. Authorize Mayor to sign Diamond Estates Subdivision No. 2, Phases Two and Three,
Findings of Fact and Order (Skelton)
3. Approve Baxter Apartments Phase 1 Minor Subdivision Final Plat #P-07009 (Cooper)
4. Approve Loyal Garden Major Subdivision Phase 1A Final Plat #P-07014 (Cooper)
5. Authorize City Manager to sign Crestview Lake Subdivision Sewer Lift Station Easement
and Agreement (Murray)
0:11:24 [18:03:19] Public Comment - Consent
Mayor Krauss called for public comment on the Consent agenda.
No person commented.
0:11:48 [18:13:27] Motion and Vote to approve Consent items 1 – 5.
It was moved by Cr. Becker, seconded by Cr. Rupp, to approve Consent items 1 - 5.
Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson and Mayor Krauss.
Those voting No being none.
The motion carried 5 - 0.
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0:12:02 [18:13:31] F. Public Comment
Mayor Krauss called for public comment. This was the time for individuals to comment on matters
falling within the purview of the Bozeman City Commission. There was also an opportunity in
conjunction with each agenda item for comments pertaining to that item.
0:12:29 [18:13:54] Public Comment - Jack Peters
Mr. Peters resides at 23 Gardner Park, Bozeman and referenced the proposed public parking lot at
Gardner Park Drive as it connects to Sourdough Trail. He suggested that the additional parking lot
has no merit and would have a negative impact on the neighborhood and would be a burden for the
City to maintain. He stated that any parking lot would be an intrusion on property owners’ rights
and may devalue properties and increase traffic and disrupt wildlife. Mr. Peters also stated that the
notification process broke down somewhere along the line.
0:16:30 [18:14:18] Public Comment - Gina Franklin
Ms. Franklin resides at 314 N. 18th Avenue. She stated that her issue was Story Mansion and her
desire to purchase the property. She suggested that her offer is the best one for her family and for
the City.
0:19:05 [18:14:37] Public Comment - Dennis Kidder
Mr. Kidder resides 890 Hidden Valley and is interested in purchasing and preserving the Story
Mansion. He also stated that he has forwarded information to the Governor and Attorney General
of the State of Montana and passed out the same to the Commission.
0:21:08 [18:18:42] Public Comment - Duane Burkenpass
Mr. Burkenpass is the Chairperson of the Marwyn-Lindley Neighbors. He presented a report and
suggestions for mitigating traffic impacts in the Marwyn-Lindley neighborhood.
0:24:58 [18:21:21] Mayor Krauss
Mayor Krauss commented that the park plan received robust public participation over the two years
it was discussed.
0:27:38 [18:23:31] Cr. Becker
Cr. Becker requested an update on the process of the sale of the Story Mansion.
0:27:58 [18:27:31] Mr. Kukulski
Mr. Kukulski updated the Commission on the status of the sale of the Story Mansion.
0:30:34 [18:30:08] G. Mayoral Proclamations
Mayoral Proclamation - National Police Week, May 13-19, 2007
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National Police Week
May 13-19, 2007
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
WHEREAS, the Congress and President of the United States have designated May 15,
2007 as Peace Officers’ Memorial Day, and the week in which it falls as National Police Week; and
WHEREAS, the members of the police department of Bozeman play an essential role in
safeguarding the rights and freedoms of the citizens of Bozeman; and
WHEREAS, it is important that all citizens know and understand the duties, responsibilities,
hazards, and sacrifices of their police department; and that members of our police department
recognize their duty to serve the people by safeguarding life and property, by protecting them
against violence and disorder, and by protecting the innocent against deception and the weak
against oppression or intimidation; and
WHEREAS, the men and women of the police department of Bozeman unceasingly provide a vital
public service;
NOW THEREFORE BE IT RESOLVED that I, Jeff Krauss, Mayor of the City of Bozeman, call
upon all citizens of Bozeman and upon all patriotic, civic, and educational organizations to observe
the week of May 13-19, 2007 as National Police Week, with appropriate ceremonies and
observances in which all of our people may join in commemorating police officers past and present,
who, by their faithful and loyal devotion to their responsibilities, have rendered a dedicated service
to their communities, and, in doing so, have established for themselves an enviable and enduring
reputation for preserving the rights and security of all citizens.
I further call upon all citizens of Bozeman to observe May 15, 2007 as Peace Officers’ Memorial
Day in honor of those police officers who, through their courageous deeds, have lost their lives or
become disabled in the performance of duty.
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0:31:18 [18:30:24] Mayoral Proclamation - Bozeman Older Americans Day, May 15, 2007
Bozeman Older Americans Day
May 15, 2007
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
WHEREAS, senior citizens constitute a growing portion of the Bozeman community and make a
significant contribution to its life and future in the form of past and present endeavors and
volunteerism; and
WHEREAS, the month of May is National Older Americans Month; and
WHEREAS, it is desirable to have Bozeman be known as the "Most Senior-Friendly City in the
State of Montana".
NOW THEREFORE BE IT RESOLVED that I, Jeff Krauss Mayor of the City of Bozeman, do
hereby proclaim May 15, 2007 as Bozeman Older Americans Day.
0:33:45 [18:32:30] H. Special Presentation - CDI - Aerospace Job Training Grant and Bozeman
Revolving Loan Fund Update (Hietala)
Bob Hietala, Chief Executive Officer of Prospera Business Network, presented a revolving loan
update and informed the Commission of the work currently being conducted by Prospera and how
that work is affecting the City of Bozeman.
0:42:28 [18:39:10] Tom Lango - CDI Corporation Vice President and Representative
Mr. Lango stated that his company is excited about locating in Bozeman and credited MSU with
training the high-quality Bozeman workforce.
0:48:34 [18:39:42] I. Action Items
0:48:39 [18:40:49] 1. Ordinance No. 1705, Revising the Boundaries of the MSU Residential
Parking District (Brey)
0:49:02 [18:41:44] Staff Report
Assistant City Manager Ron Brey presented the staff report.
0:56:03 [18:42:10] Public Comment
Mayor Krauss called for public comment.
0:56:12 [18:44:01] Public Comment - Stephanie Nelson
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Ms. Nelson resides at 503 South 8th Street. She stated that she and her husband are two of the
petitioners and noted that her neighborhood is a high traffic area and supports expanding the
boundaries of the parking district.
0:59:14 [18:49:48] Motion to provisionally approve Ordinance 1705, Revising the Boundaries
of the MSU Residential Parking District.
It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, the criteria has been met and to
provisionally approve Ordinance 1705, Revising the Boundaries of the MSU Residential
Parking District.
1:02:51 [18:51:34] Vote to provisionally approve Ordinance 1705, revising the Boundaries of
the MSU Residential Parking District.
[It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, the criteria has been met and to
provisionally approve Ordinance 1705, Revising the Boundaries of the MSU Residential
Parking District.]
Those voting Aye being Crs. Rupp, Kirchhoff, Jacobson, Becker and Mayor Krauss.
Those voting No being none.
The motion carried 5 - 0.
1:03:08 [18:51:58] 2. South Towne Square Site Plan #Z-07051 (Krueger)
1:03:16 [18:59:08] Break
Mayor Krauss called for a break.
1:14:53 [18:59:15] Call to Order
Mayor Krauss called the meeting to order.
1:15:04 [19:01:06] Staff Report
Associate Planner Brian Krueger presented the staff report.
1:26:45 [19:01:36] Applicant - Jason Burke
Jason Burke of Allied Engineering appeared on behalf of the applicant.
1:31:45 [19:02:20] Applicant - Mike Pentecost
Mike Pentecost of Dzyn2 Architects also appeared on behalf of the applicant.
1:46:23 [19:02:50] Public Comment
Mayor Krauss called for public comment.
1:46:44 [19:02:55] Public Comment - Gary Vodenhal
Mr. Vodenhal, of the Gallatin Valley Land Trust, resides at 614 S. 7th Avenue. Mr. Vodenhal
stated that previous design layouts of the trail were problematic; however, recent work done by the
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engineers and developer may mitigate many of the concerns. He supports the construction of a trail
behind the development.
1:48:23 [19:04:30] Public Comment - Dan Wilson
Mr. Wilson resides at 2202 Highland Court, directly behind the development. He expressed
concerns over the height of the buildings.
2:07:25 [19:18:09] Applicant Rebuttal - Mr. Pentecost
2:17:55 [19:50:31] Cr. Becker stated that 14 ft. light poles should be part of the motion.
2:26:21 [19:52:33] Motion approving South Towne Square Site Plan #Z-07051 with
conditions.
It was moved by Cr. Kirchhoff, seconded by Cr. Rupp, to approve the South Towne Square
Site Plan #Z-07051 as conditioned by Planning staff with one slight revision to the second
sentence of condition 13. Add "If, after further review, City engineers believe it is
necessary," and eliminate building 5.
Conditions:
1. A trail shall be provided in the watercourse setback along the entire length of
Figgins Creek as it crosses from South 3rd Avenue to Kagy Boulevard.
2. The trail shall be constructed to a Class IIA standard 6-foot in width, a natural
gravel fines top course, and within a 25-foot wide public access easement. The
specifications for the trail shall be identified on the final site plan for review
and approval by the Parks Department. A preconstruction meeting shall be
held on site with the Planning and Parks Department prior to commencing
grading and construction of the trial.
3. The applicant shall provide adequate bike parking for the number of expected
employees and customers. The applicant shall consider providing covered
bicycle parking to extend the commuting season.
4. The applicant in consultation with MDT, the City of Bozeman, and Streamline
Transit shall locate, design, and construct a transit stop with seating, lighting, a
bike rack, and a shelter on the south side of Kagy Boulevard frontage east of
the intersection with South Third Avenue per section 18.44.120 of the Bozeman
Municipal Code.
5. The applicant shall provide a minimum of two waste stations for dog owners
adjacent to the pedestrian trail along Figgins Creek.
6. The trash enclosure located adjacent to the truck loading area shall be
relocated to another location on site away from the isolated wetland. The final
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location of all locations require the written approval of the City Sanitation
Department.
7. A temporary perimeter fence/barricade shall be installed along the watercourse
setback area during construction to protect the creek and adjacent properties
from construction debris.
8. All existing mature vegetation planned for removal shall be flagged for review
and approval by the City Forester and Planning Office prior to final site plan
approval. No mature vegetation shall be removed without prior City approval.
9. Prior to construction a tree protection zone (TPZ) shall be established around
the large willow tree to be preserved. The TPZ shall be as specified and
approved by the City Forester. The willow shall be trimmed by a qualified
arborist of dead wood over the construction area, and trimmed so that
branches will not be overhanging the building for 5 years of anticipated
growth. Any roots that are encountered during the construction shall be cut
cleanly with a sharp tool. In the spring additional water shall be given to the
tree to accommodate for the root loss.
10. An additional fire hydrant shall be provided along the Kagy Boulevard
frontage somewhere between Building 3 and the Kagy access.
11. An Occupancy Permit must be obtained from the Montana Department of
Transportation for location of water and sewer mains and services within the
State's right-of-way, and an Access permit must be obtained for the drive
approach onto Kagy, unless MDT determines they are not required.
12. The median on Kagy shall be reconstructed to provide a dedicated turn lane for
westbound traffic turning into the site. The geometry of the median shall meet
AASHTO standards and be approved by the Montana Department of
Transportation.
13. The northbound left turn bay for the ultimate design for the 3rd and Kagy
intersection will extend beyond the proposed access. If, after further review,
City engineers believe it is necessary, a median or other traffic control device
approved by the City Engineering Department shall be installed on the South
3rd access to prohibit southbound traffic from entering the site. All other
movements will be allowed from this access.
14. All improvements necessary to provide adequate level of service at the
intersections analyzed in the Traffic Accessibility Study (TAS) must be installed
as part of this development unless a variance is applied for and approved by the
City Commission. Approval of the TAS must also be obtained from the
Montana Department of Transportation and for all improvements along Kagy
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Boulevard.
15. That the applicant upon submitting the Final Site Plan for approval by the
Planning Director and prior to issuance of a building permit, will also submit a
written narrative outlining how each of the conditions of approval and code
provisions have been satisfied.
2:31:21 [21:26:42] Vote to approve South Towne Square Site Plan #Z-07051 with conditions.
[It was moved by Cr. Kirchhoff, seconded by Cr. Rupp, to approve the South Towne Square
Site Plan #Z-07051 as conditioned by Planning staff with one slight revision to the second
sentence of condition 13 (see conditions above). Add "If, after further review, City engineers
believe it is necessary," and eliminate building 5.]
Those voting Aye being Crs. Kirchhoff and Rupp.
Those voting No being Crs. Jacobson, Becker and Mayor Krauss.
The motion fails 2 - 3.
2:33:57 [19:56:58] Motion to approve the South Towne Square Site Plan #Z-07051 with
conditions.
It was moved by Cr. Jacobson, seconded by Cr. Becker, to approve the South Towne Square
Site Plan #Z-07051 as conditioned by Planning staff with one slight revision to the second
sentence of condition 13. Add "If, after further review, City engineers believe it is
necessary," and restrict lot lighting to 14 feet.
Revised condition 13:
13. The northbound left turn bay for the ultimate design for the 3rd and Kagy
intersection will extend beyond the proposed access. If, after further review,
City engineers believe it is necessary, a median or other traffic control device
approved by the City Engineering Department shall be installed on the South
3rd access to prohibit southbound traffic from entering the site. All other
movements will be allowed from this access.
Revised Motion by Cr. Jacobson:
It was moved by Cr. Jacobson, seconded by Cr. Becker, to approve the South Towne Square
Site Plan #Z-07051 as conditioned by Planning staff with a slight revision to the second
sentence of condition 13 adding "If, after further review, City engineers believe it is
necessary," and if engineering does approve a modification it should be completed prior to
occupancy as well as restricting lot lighting to 14 feet.
2:47:39 [20:06:55] Vote to approve the South Towne Square Site Plan #Z-07051 with
conditions.
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It was moved by Cr. Jacobson, seconded by Cr. Becker, to approve the South Towne Square
Site Plan #Z-07051 as conditioned by Planning staff with a slight revision to the second
sentence of condition 13 adding "If, after further review, City engineers believe it is
necessary," and if engineering does approve a modification it should be completed prior to
occupancy as well as restricting lot lighting to 14 feet.
Revised condition 13:
13. The northbound left turn bay for the ultimate design for the 3rd and Kagy
intersection will extend beyond the proposed access. If, after further review,
City engineers believe it is necessary, a median or other traffic control device
approved by the City Engineering Department shall be installed on the South
3rd access to prohibit southbound traffic from entering the site. All other
movements will be allowed from this access. If engineering does approve a
modification it should be completed prior to occupancy.
Those voting Aye being Crs. Jacobson, Becker and Mayor Krauss
Those voting No being Crs. Kirchhoff and Rupp.
The motion carried 3 - 2.
2:48:03 [20:07:06] Break
Mayor Krauss called for a break.
3:01:06 [20:07:38] 3. The Knolls East/Highland South Zone Map Amendment #Z-07055
(Riley)
3:02:19 [20:07:54] Staff Report
Associate Planner Doug Riley presented the staff report.
3:10:36 [20:08:37] Applicant
Jason Leep of PC Development appeared for the applicant.
3:13:39 [20:08:59] Public Comment
Mayor Krauss called for public comment.
No person commented.
3:14:08 [20:09:32] Motion and Vote to approve the Knolls East/Highland South Zone Map
Amendment #Z-07055 with the contingencies listed in Zoning Commission Resolution #Z-
07055.
It was moved by Cr. Becker, seconded by Cr. Rupp, to approve the Knolls East/Highland
South Zone Map Amendment #Z-07055 with the contingencies listed in Zoning Commission
Resolution #Z-07055.
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Contingencies:
1. The applicant shall submit a 24" x 36" mylar zone map titled "Knolls
East/Highland South Zone Map Amendment;" 8 1/2-inch x 11-inch, or 8 1/2
inch x 14-inch paper exhibit; and a digital copy of the area to be zoned,
acceptable to the Director of Public Service, which will be utilized in the
preparation of the ordinance to officially amend the City of Bozeman Zoning
Map. Said map shall contain a metes and bounds legal description of the
perimeter of the subject property and zoning districts, total acreage of the
property and each zoning districts, and adjoining rights-of-way and/or street
access easements. Zoning District boundaries shall generally follow the
centerline of future perimeter roads.
2. The ordnance for the Zone Map Amendment shall not be drafted until the
applicant provides a metes and bounds legal description, including digital text
copy, 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.
Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson and Mayor Krauss.
Those voting No being none.
The motion carried 5 - 0.
3:14:54 [20:10:01] 4. Schroeder Growth Policy Amendment #Z-07016, open and continue to
June 18, 2007 (Knight)
3:15:07 [20:11:20] Public Comment
Mayor Krauss called for public comment.
No person commented.
3:15:14 [20:11:59] Motion and Vote to continue the Schroeder Growth Policy Amendment #Z-
07016 to June 18, 2007.
It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to continue the Schroeder Growth
Policy Amendment #Z-07016 to June 18, 2007.
Those voting Aye being Crs. Rupp, Kirchhoff, Jacobson, Becker and Mayor Krauss.
Those voting No being none.
The motion carried 5 - 0.
3:15:35 [20:13:38] 5. Water Impact Fee Study Update, open and continue to May 21, 2007
(Saunders)
3:15:41 [20:16:22] Public Comment
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Mayor Krauss called for public comment.
No person commented.
3:15:58 [20:20:43] Motion and Vote to continue the Water Impact Fee Study Update to May
21, 2007.
It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to continue the Water Impact Fee
Study Update to May 21, 2007.
Those voting Aye being Crs. Rupp, Kirchhoff, Jacobson, Becker and Mayor Krauss.
Those voting No being none.
The motion carried 5 - 0.
3:16:17 [20:22:41] 6. Wastewater Impact Fee Study Update, open and continue to May 21,
2007 (Saunders)
3:16:28 [20:27:59] Public Comment
Mayor Krauss called for public comment.
No person commented.
3:16:36 [20:29:43] Motion and Vote to continue the Wastewater Impact Fee Study Update to
May 21, 2007.
It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to continue the Wastewater
Impact Fee Study Update to May 21, 2007.
Those voting Aye being Crs. Kirchhoff, Jacobson, Becker, Rupp and Mayor Krauss.
Those voting No being none.
The motion carried 5 - 0.
3:16:47 [20:31:08] 7. Beall Park Recreation Center Exterior Modifications Certificate of
Appropriateness #Z-07081 (Bristor)
3:16:55 [20:37:09] Staff Report
Associate Planner Allyson Bristor presented the staff report.
3:25:51 [20:41:47] Public Comment
Mayor Krauss called for public comment.
3:26:01 [20:43:18] Public Comment - Mary Cloud Amons
Ms. Amons resides at 503 North Bozeman. She supports the modifications to the Beall Park
Recreation Center.
3:26:37 [20:44:38] Public Comment - Brock Anderson
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Mr. Anderson resides at 503 North Bozeman Avenue. Mr. Anderson stated that he appreciated all
the work and supports the project and the renovations to the Center.
3:28:11 [20:46:13] Motion to approve the Beall Park Recreation Center Exterior
Modifications Certificate of Appropriateness #Z-07081.
It was moved by Cr. Jacobson, seconded by Cr. Becker, to approve the Beall Park Recreation
Center Exterior Modifications Certificate of Appropriateness #Z-07081 as proposed by
applicant.
3:29:16 [20:47:41] Vote to approve the Beall Park Recreation Center Exterior Modifications
Certificate of Appropriateness #Z-07081 as proposed by applicant.
It was moved by Cr. Jacobson, seconded by Cr. Becker, to approve the Beall Park Recreation
Center Exterior Modifications Certificate of Appropriateness #Z-07081 as proposed by
applicant.
Those voting Aye being Crs. Jacobson, Becker, Rupp, Kirchhoff and Mayor Krauss.
Those voting No being none.
The motion carried 5 - 0.
3:29:26 [20:48:32] 8. Flanders Townhomes Zone Map Amendment #Z-07087 (Knight)
3:29:30 [20:50:25] Staff Report
Director of Planning Andy Epple presented the staff report.
3:34:28 [20:50:32] Applicant
Dave MacDonald resides at 4011 Blackwood Road and is the owner of DMC Inc. and Flanders
Subdivision and appeared on behalf of the applicant.
3:38:01 [20:50:49] Public Comment
Mayor Krauss called for public comment.
No person commented.
3:38:29 [20:51:05] Motion to approve Flanders Townhomes Zone Map Amendment #Z-07087
with the contingencies listed in Zoning Commission Resolution #Z-07087.
It was moved by Cr. Becker, seconded by Cr Rupp, to approve Flanders Townhomes Zone
Map Amendment #Z-07087 with the contingencies listed in Zoning Commission Resolution
#Z-07087.
Contingencies:
1. The applicant shall submit a zone amendment map to the Department of
Planning & Community Development, titled "Flanders Townhomes Zone Map
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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.
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, which will be utilized in the preparation of the Ordinance to
officially amend the City of Bozeman Zoning Map.
3. If the net residential density for any portion of blocks 4 and 7 exceeds that as
originally approved with the Flanders Creek Subdivision with an R-3 zoning
designation, cash-in-lieu of water rights, in the amount determined by the City
Engineer, shall be required. A covenant addressing this shall be recorded with
the Clerk & Recorders Office prior to approval of the Ordinance for the ZMA.
This covenant may not be revoked without consent from the City of Bozeman.
3:39:29 [20:52:59] Vote to approve Flanders Townhomes Zone Map Amendment #Z-07087
with the contingencies listed in Zoning Commission Resolution #Z-07087.
[It was moved by Cr. Becker to approve, seconded by Cr Rupp, to approve Flanders
Townhomes Zone Map Amendment #Z-07087 with the contingencies (see contingencies
above) listed in Zoning Commission Resolution #Z-07087.]
Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson and Mayor Krauss.
Those voting No being none.
The motion carried 5 - 0.
3:39:43 [20:53:42] K. FYI/Discussion
3:39:49 [21:07:43] FYI - Cr. Rupp
Cr. Rupp requested, and Mayor Krauss agreed, that there is a need for a more detailed discussion,
perhaps at a Policy Meeting, of the City Manager’s Facilities Timeline and Funding Sources
presentation. Cr. Rupp also suggested that the Marwyn-Lindley Neighborhood Association requests
be addressed by staff and other appropriate persons.
3:41:34 [21:07:59] Mr. Kukulski
Mr. Kukulski suggested discussing the update of the living wage ordinance in conjunction with the
discussion of Facilities Timeline and Funding Sources at the June 21 Policy meeting,
3:44:41 [21:16:27] FYI - Cr. Becker
13
16
Cr. Becker stated that he and Mr. Kukulski would be attending the Yellowstone Business
Conference Green Building Seminar in Jackson, Wyoming in hopes of returning with ideas to
"green-up" capital projects.
3:45:23 [21:19:34] Mr. Kukulski
Mr. Kukulski stated that an intern has been hired to evaluate the Mayors' Proclamation on Climate
Change and measure what the City has implemented over the past five years and a "best practices"
study. Additionally, she will be working with a citizen panel in this regard.
3:46:45 [21:20:58] FYI - Mr. Epple
Mr. Epple reminded the Commission about alternative bus stop designs incorporating advertising
and the high level of interest by the public. He stated that he has been asked to issue a special use
permit to possibly construct a model at the senior center.
3:48:34 [21:21:17] Mr. Epple
Mr. Epple stated that the Workforce Housing ordinance is scheduled for a first reading on June 18,
2007.
3:49:23 [21:21:41] FYI - Mayor Krauss
Mayor Krauss displayed a national flag presented by the Blackfeet Nation to the Mayor of
Bozeman at the Peace Officers’ Memorial Day.
3:52:21 [21:21:53] L. Adjournment
Mayor Krauss adjourned the meeting at 10:00 pm.
______________________________________
Jeffrey K. Krauss, Mayor
ATTEST:
______________________________________
Brit Fontenot, City Clerk
PREPARED BY:
______________________________________
Brit Fontenot, City Clerk
Approved on ___________________________.
14
17
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Brian LaMeres, City Controller and
Chris Kukulski, City Manager
SUBJECT: Accounts Payable Claims Review and Approval
MEETING DATE: June 04, 2007
BACKGROUND: Section 7-6-4301 MCA states that no claim may be paid by the City until that
claim has been first presented to the City Commission. Claims presented to the City Commission have
been reviewed by the Finance Department to ensure that all proper supporting documentation has been
submitted, all required departmental authorized signatures are present, and that the account coding is
correct.
RECOMMENDATION: The City Commission approve the claims for payment.
FISCAL EFFECTS: The total amount of the claims to be paid is presented at the bottom of the
Expenditure Approval List.
ALTERNATIVES: As suggested by the City Commission.
Respectfully submitted,
Brian LaMeres, City Controller
Approved by:
Chris A. Kukulski, City Manager
Report compiled on May 30, 2007
18
Commission Memorandum
REPORT TO Honorable Mayor and City Commission
FROM Lanette Windemaker AICP Contract Planner
SUBJECT Steet and Utility Easement for Saccoccia Minor Subdivision P 07013
MEETING DATE Monday June 4 2007
RECOMMENDATION Authorize City Manager to sign
BACKGROUND Attached is a copy of the partially executed easement for street and utility
improvements for the above referenced project This is for an internal driving lane on the east side
of Lowe s Engineering staffhas reviewed the easement and found it to be acceptable
UNRESOLVED ISSUES None
FISCAL EFFECTS Not applicable
ALTERNATIVES None
CONTACT Please email LanetteWindemakeratlwindemakercmbozeman netifyou have any
questions prior to the public hearing
APPROVED BY Andrew Epple Planning Director
Chris Kukulski City Manager
19
t I
f fe h li j re rn Iv
Susan B SwlmleyAttorneyCounselorat Law1807WDickersonliB
Bozeman MT 597 IS
PUBLIC STREET EASEMENT
Lowe s HIW Inc a Washington corporation GRANTOR in consideration of 100 and
for other and valuable considerations receipt of which is acknowledged grants to The City of
Bozeman a municipal corporation ofthe State of Montana with offices at 411 East Main
Bozeman Montana 59715 GRANTEE its successors and assigns a perpetual street and utility
easement for the use of the public in through and across a parcel ofland situated in Gallatin
County Montana to be located on the following described real property
Tract 2B1 ofCertificate ofSurvey 1215G situated in the northwest of Section 1
Township 2 South Range 5 East P M M City of Bozeman Gallatin County Montana
The easement is more particularly described on the attached Exhibits A and B which by
this reference is made a part hereof
The GRANTOR states that it possesses the real property described above and that it has a
lawful right to grant an easement thereon
The GRANTOR further agrees that the GRANTEE may peaceably hold and enjoy the
rights and privileges herein granted without any interruption by the GRANTOR
The terms covenants and provisions of this easement shall extend to and be binding
upon the heirs executors administrators personal representatives successors and assigns ofthe
parties hereto
DATED this iday of January 2007
GRANTOR
Lowe s HIW Inc a Washington corporation
By I A
Grantor f
1
20
STATE OF CALIFORNIA
ss
County of San Diego
On 5 1hI 2J 7 before me eliteSnAiL AtJtpT1
notary public personally appeared Michael L Skiles personally known to me to be the person
whose name is subscribed to the within instrument and acknowledged to me that he executed the
same in his authorized capacity and that by his signature on the instrument the person or the
entity upon behalf of which the person acted executed the instrument
WITNESS my hand and official seaL
r
IY
f
Signature
ACCEPTED
CITY OF BOZEMAN
by
City Manager
ATTEST
City Clerk
STATE OF MONTANA
ss
County of Gallatin
On this day of 2007 before me a Notary Public for
the State ofMontana personally appeared CHRIS KUKULSKI and BRIT T FONTENOT
known to me to be the City Manager and City Clerk respectively ofthe City of Bozeman and
the persons whose names are subscribed to the within instrument and acknowledged to me that
they executed the same for and on behalf of the City of Bozeman
IN WITNESS WHEREOF I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written
SEAL
Notary Public for the State ofMontana
Printed Name
Residing at
My Commission Expires 20
2
21
t Ii
EXHIBIT A
LEGAL DESCRIPTION OF PUBLIC STREET EASEMENT
Parcel 1 A parcel of land located in Tract 281 of Certificate ofSurvey 1215G situated in the
northwest 1 4 of Section 1 Township 2 South Range 5 East P M M City ofBozeman Gallatin
County Montana more particularly described as follows
Commencing at the northwest comer of Section 1 T2S R5E P M M Thence along the west line
of said Section 1 S01D49 03W 394 18 feet to the northwest comer ofTract 281 as shown on
Certificate of Survey 1215G thence along the north line of said Tract 281 S88D10 57E 796 19
feet to the POINT OF BEGINNING said point also being the northeast comer ofsaid Tract 281
thence along the east line ofsaid Tract 281 the following five 5 courses 1 S01D49 03W
668 11 feet to the beginning of a 315 00 foot radius curve concave to the northwest 2 thence
along said curve thro gh a central angle of 15000 00 an arclength of 82 47 feet 3
S16D49 03W 7 90 teet to the beginning of a290 00 foot radius curve concave tothe southeast
4 thence along said curve through a central angle of 14D59 57 an arc length 0175 92 feet and
5 S01 D49 07 W 53 85 feet to a point on the north line of a 60 foot wide Access and utilityEasementasshownonCertificateofSurvey1215GthencealongsaidAccessandUtility
Easement N89D03 24W 32 12 feet to the beginning of a nontangent curve concave to the
northwest and having a radius of 49 50 feet to which beginning of curve a radial bears
S39D48 21 E thence leaving said Access and Utility Easement along said curve through a
central angle of 4812233 an arc length of41 79 feet thence N01 4907 E 17 34 feet to the
beginning of a 305 50 foot radius curve concave to the southeast thence along said curve
through a central angle of 14 5957 an arc length of79 97 feet thence N16 49Oa E 7 90 feet to
the beginning of a 299 50 foot radius curve concave to the northwest thence along said curve
through a central angle of 15Doo OO an arclength of 78 41 feet thence N01D49 03 E 668 11
feet to a point on the north line of said Tract 281 thence along said north line S88D10 57 E 15 50
feet to the POINT OF BEGINNING containing 0 32 acres more or less and subject to all
easements and or reservations andor dedications existing shown or apparent on theground
EXHIBIT A
PUBliC STREET
EASEMENT
22
EXHIBIT B
SKETCH TO ACCOMPANY LEGAL DESCRIPTION36nnnn
nnn
nnnn35
1
IIIIIIIh W I
0
mt
0U
iJ
P O C
cl vvc
S88 10 57 E
IJIIIII
I1i
IJI
III1IJ
C O s
L 121SG
TRACT 2B1
OF C O S
1215G
TRACT
283 OF
LEGEND
P O C POINT OF
COMMENCEMENT
P O B POINT OF
BEGINING
C O S CERTIFICATE OF
SURVEY
N
UNE
L1
L2
L3
L4
L5
GRAPHIC SCALE
210 f 125tJI
IN FEET
1 inch 250 fl
TRACT2B2
OF C O S
1215G
796 19 15 50
P O B
oj ojtoto00
hP P
0 0It
0 0
U U
EASEMENT AREA
TRACT 2B2
OF C O S
1215G
nntnn nnnnnCURVE TABLE
DELTA LENGTH
15 00 00 B 47
14 59 57 75 92
48 33 4179
1 4 59 57 79 97
15 00 00 78 41
2lOI EXHIBIT B
PUBUC STREET
EASEMENT
tA111MI
e44tt
23
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Chris Saunders, AICP, Assistant Director
SUBJECT: Second Reading of Ordinance 1681
MEETING DATE: Monday, June 4, 2007
RECOMMENDATION: The City Commission finally approve Ordinance 1681 creating Chapter
19, Urban Mixed Use District in Title 18, Unified Development Ordinance, BMC.
BACKGROUND: An application to amend Title 18, Unified Development Ordinance was received
by the Department of Planning and Community Development on March 10, 2006. The application
sought to create a new zoning district to further encourage mixed use development. The City
Commission received the recommendation of the Zoning Commission and Planning Board at your
public hearing on July 17, 2006 and the City Commission found that with revisions and further
development the idea of a mixed-use district was an improvement in the regulatory mechanisms of
the City.
The Commission directed that a revised draft be developed for further consideration. The
Commission granted provisional approval of the revised draft on May 21, 2007 with one
amendment to restrict gaming within the draft district. The revised language is now incorporated
into Ordinance 1681 for Commission final action.
UNRESOLVED ISSUES: None
FISCAL EFFECTS: No material effect is expected.
ALTERNATIVES: As suggested by the City Commission.
CONTACT: Please email Chris Saunders at csaunders@bozeman.net if you have any questions
prior to the public meeting.
APPROVED BY: Andrew Epple, Planning Director
Chris Kukulski, City Manager
Attachments: Second Reading Draft of Ordinance 1681
24
PAGE 1 OF 13
ORDINANCE NO. 1681
R 18.19
WITHIN TITLE 18 UNIFIED DEVELOPMENT ORDINANCE.
WHEREAS, on October 22, 2001, the City Commission adopted Resolution No. 3486, adopting
the Bozeman 2020 Community Plan, a growth policy in compliance with Title 76, Chapter 1, Part 6,
MCA; and
WHEREAS, Section 76-2-304, MCA, requires zoning regulations to be in accordance with a
growth policy, and
WHEREAS, an application to amend Title 18, Unified Development Ordinance was received
by the Department of Planning and Community Development on March 10, 2006, and
WHEREAS, a public meeting was held on May 10, 2006 to generally discuss the concept of
mixed-uses within Bozeman; and
WHEREAS, the application was the subject of public notice and in recognition of the
function of zoning to implement a growth policy joint public hearings before the Zoning
Commission as required by Section 76-2-307 MCA, and the Planning Board were held on May 16,
2006 and June 6, 2006; and
WHEREAS, the Zoning Commission and Planning Board identified issues of concern and
recommended to the City Commission that any approval wait until after the updating of the growth
policy, and
WHEREAS, the City Commission opened the advertised public hearing on June 5, 2006
and continued their public hearing to July 17, 2006 to give the Planning Board and Zoning
Commission time to complete their public hearing; and
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, ESTABLISHING A NEW CHAPTE
25
PAGE 2 OF 13
WHEREAS, the City Commission received the recommendation of the Zoning Commission
and Planning Board at their continued public hearing on July 17, 2006; and
WHEREAS, the City Commission found that with revisions and further development the
idea of a mixed-use district was an improvement in the regulatory mechanisms of the City; and
WHEREAS, the City Commission directed that a revised draft be developed for further
consideration; and
WHEREAS, the revised draft was crafted and made available for public comment and
additional revisions were crafted based upon received comment; and
WHEREAS, the City Commission considered the revised draft at their meeting of
September 11, 2006; and
WHEREAS, the City Commission recognized that some standards of the proposed zoning
district were still under consideration but requested that an implementing ordinance be brought back
for their consideration so they could consider a final set of standards;
FORE, BE IT ORDAINED by the City Commission of the City of
ozeman, Montana, that:
That Section 18.14.010, Bozeman Municipal Code be amended to read as follows:
A.
xplanatory matter thereon, are adopted by this reference and declared to be a
B. he pur ided and classified into the following use districts:
Density District
R-3 Residential Medium Density District
NOW, THERE
B
Section 1
18.14.010 USE DISTRICTS DESIGNATED, ZONING MAP ADOPTED
The City is divided into zones, or districts, as shown on the official zoning map(s) which,
together with all e
part of this title.
For t pose of this title, the City is div
R-S Residential Suburban District
R-1 Residential Single-household, Low Density District
R-2 Residential Two-household, Medium
26
PAGE 3 OF 13
istrict
ommunity District
ct
rict
ustrial District
U e District
n Overlay District
t
R-4 Residential High Density D
R-O Residential Office District
RMH Residential Manufactured Home C
B-1 Neighborhood Business Distri
B-2 Community Business Dist
B-3 Central Business District
M-1 Light Manufacturing District
M-2 Manufacturing and Ind
B-P Business Park District
NEHM Northeast Historic Mixed Us
HMU Historic Mixed Use District
PLI Public Lands and Institutions District
NC Neighborhood Conservatio
EO Entryway Overlay Distric
CO Casino Overlay District
UMU Urban Mixed Use District
Placement of any given zoning district on an area depicted on the zoning map indicates a
judgment on the part of the City that the range of uses allowed within that district are generally
acceptable in that location. It is not a guarantee of approval for any given use prior to the
completion of the appropriate review procedure and compliance with all of the applicable
requirements and development standards of this title. It is also not a guarantee of immediate
infrastruc
C.
ture availability or a commitment on the part of the City to bear the cost of extending
D.
and reasonable expectation in use of land within
particular zoning designations and sites.
services.
Individual zoning districts are adopted for the purposes described in §18.02.040. A variety of
districts is established to provide locations for the many uses needed within a healthy and
dynamic community. Each district, in conjunction with other standards incorporated in this title,
establish allowable uses of property, separates incompatible uses, and sets certain standards for
use of land. This provides predictability
27
Section 2
PAGE 4 OF 13
That Title 18, Unified Development Ordinance, of the Bozeman Municipal Code be amended
to include a new Chapter 19, and that the new Chapter shall read as follows:
CHAPTER 18.19
URBAN MIXED-USE ZONING DISTRICT
18.19.010 INTENT AND PURPOSE OF URBAN MIXED-USE ZONING DISTRICT.
The intent and purposes of the Urban Mixed-Use (“UMU”) district is to establish areas within Bozeman
that are mixed-use in character, and to set forth certain minimum standards for development within
those areas which encourage vertical mixed-use development with high density. The purpose in having
an urban mixed-use district is to provide options for a variety of employment, retail and community
service opportunities within the community, with incorporated opportunity for some residential uses,
while providing predictability to landowners and residents in uses and standards. There is a rebuttable
presumption that the uses set forth for each district will be compatible both within the individual
districts and to adjoining zoning districts when the standards of Title 18 are met and any applicable
conditions of approval have been satisfied. Additional requirements for development apply within
overlay districts.
A. is theIt further the intent of this district to:
Allow a mixture of complimentary land uses which encourages mixed-uses on individual 1.
floors including, but not limited to, retail, offices, commercial services, restaurants, bars,
hotels, recreation and civic uses, and housing, to create economic and social vitality and
to encourage the linking of trips;
2. Foster the development of vertically oriented mixed-uses, in contrast to single use
development distributed along high vehicle capacity roadways;
3. Encourage development that exhibits the physical design characteristics of vibrant,
urban, pedestrian-oriented, storefront-style shopping streets with pedestrian amenities;
4. Develop commercial and mixed-use areas that are safe, comfortable, and attractive to
pedestrians;
5. Provide flexibility in the siting and design of new developments and redevelopment to
anticipate changes in the marketplace;
6. Reinforce the principle of streets as public places that encourage pedestrian and bicycle
travel, and on-street parking;
7. Provide roadway and pedestrian connections to residential areas;
8. Provide transitions between high-traffic streets and adjacent residential neighborhoods;
9. Encourage efficient land use by facilitating compact, high-density, multi-story
development and minimizing the amount of land that is needed for surface parking;
10. Facilitate development (land use mix, density and design) that supports public transit,
28
PAGE 5 OF 13
where applicable;
Provide appropriate locations and design standards for automobile and truck-depende11. nt
uses;
Maintain mobility along12. traffic corridors while supporting the creation of “places” or
centers which will create lasting and enduring, long-term value to the community;
eater 13. Emphasize the need to serve the adjacent, local neighborhood and also the gr
Bozeman area as well;
14. Minimize parking lots through shared uses of mixed-uses;
15. Create central urban gathering places such as community squares or plazas; and
Facilitate designs of 16. each mixed-use to help ensure long-term financial viability of each
mixed-use;
17. Allow for urban oriented recreational activities consistent with the standards and intent
of the district; and
18. To encourage and support the use of sustainable building practices.
To accomplish the intent of the district, the UMU district should ideally be located at the B.
intersections of major traffic corridors, that is at the intersections of two arterials, or less
frequently, an arterial and a collector street. The major intersections should have or be planned
to have a stop light or other active traffic control. While placement at major intersections is a
nec ry precondition, not all majessaor intersections should have the UMU district adjacent to
them. Additionally, placement of this district should be adjacent or near to dense residential
development to enhance walking and bicycle use.
0 AUTHORIZED USES.18.19.02
Uses in the Urban Mixed-Use district are depicted in the table below. Principal uses are A.
indicated with a “P,” conditional uses are indicated with a “C,” accessory uses are indicated with
an “A,” and uses which are not permitted within the district are indicated by a “-.” A particular
proposed development or use may fall under more than one listed category with different review
processes. In such cases, the more stringent review process shall apply.
The uses listed are deliberately broad and some are given special definitions in Chapter 18.80, B.
BMC. The intent of this method is to provide general guidance for uses while allowing the
unique needs and circumstances of each proposal to be specifically addressed through the
review process. Some uses are the subject of special regulations contained in Chapter 18.40,
BMC.
C. itio shed in Chapter 18.54, BMC.Add nal uses for telecommunications are establi
D. Mixed Uses Required And Limited.
Develo1. pment shall include a mix of uses.
2. Uses shall be grouped as commercial, industrial, offices, institutional, and residential. A
combination of at least two different groups of uses shall be provided within each site
29
PAGE 6 OF 13
plan.
3. No use group shall exceed 70% of the total gross building floor area in the entire site
development, multiple buildings may be shown on a single site plan as allowed in
Chapter 18.34.
4. The ground level gross building area shall be at least 75% non-residential in use.
5. Residential uses shall be provided in all mixed-use developments, and shall occupy not
less than 20% of the total gross building floor area of the district.
6. For the purposes of calculating the percentage of a use within the site development the
gross square foot floor area of building for each use shall be utilized.
TABLE 19-1
TABLE OF COMMERCIAL USES
AUTHORIZED
USES
Ambulance Service P
Apartments and Apartment Buildings (as defined in this Title) P
Arts and Entertainment Center (as defined in this Title) P
Assisted Living/Elderly Care Facilities P
Automobile Fuel Sales or Repair (as defined in this Title) C
Automobile Parking Lot or Garage (public or private) P
Automobile Washing Establishment C
Banks and Other Financial Institutions P
Business, Technical or Vocational School P
Bus Terminals C
Community Centers P
Convenience Uses C
Convenience Use Restaurant P
Essential Services (Type II) C
Extended-Stay Lodgings P
Health and Exercise Establishments P
Hospitals P
Hotel or Motel P
Laboratories, Research and Diagnostic P
Laundry, Dry Cleaning P
30
PAGE 7 OF 13
TABLE OF COMMERCIAL USES
AUTHORIZED
USES
Light Goods Repair (as defined in this Title) P
Lodging Houses P
Manufacturing (light and completely indoors) P
Mortuary C
Museum P
Medical and Dental Clinics P
Meeting Hall P
Offices (as defined in this Title) P
Other Buildings & Structures (typically accessory to permitted uses) A
Parking Facilities P
Personal and Convenience Services (as defined in this Title) P
Pet Grooming Shop P
Printing Offices and Publishing Establishments C
Private Club, Fraternity, Sorority or Lodge P
Public Buildings P
Refuse and Recycling Containers A
Research Laboratories P
Restaurants P
Retail Uses (as defined in this Title) P*
Retail (large scale) C
Sales of Alcohol for On-Premise Consumption – No gaming allowed C
Sign Paint Shops (not including neon sign fabrication) C
Upholstery Shops (excluding onsite upholstery service for cars, boats,
trailers, trucks and other motorized vehicles requiring overnight storage) P
Veterinary Clinic P
Wholesale Distributors With On-Premise Retail Outlets (providing
warehousing is limited to commodities which are sold on the premises) P
Wholesale Establishments (ones that use samples, but do not stock on
premises) P
31
PAGE 8 OF 13
TABLE OF COMMERCIAL USES AUTHORIZED
USES
Any Use, Except Adult Businesses and Casinos Approved as Part of a
Planned Unit Development Subject to the Provisions of Chapter 18.36,
BMC
C
N *Excluding adult business, and large scale retail, as they are defined in otes:
Chapter 18.80, BMC -
0 LOT COVERAGE AND FLOOR AREA.18.19.03
In the UMU district, the entire lot, exclusive of the required yards and parking, mA. ay be occupied
by the principal and accessory buildings. This title provides opportunities for parking
req ments to be met by shared and ouireff-site parking, as allowed by Chapter 18.46, BMC.
B. In the UMU district, the footprint of individual buildings shall not exceed 45,000 square feet.
C. Minimum floor area requirements for each dwelling in all districts shall be that area required by
the City’s adopted International Building Code.
D. All development shall provide a minimum floor area ratio of not less than 0.75. “Floor area
ratio” is the ratio attained by dividing the gross square feet of building by gross land area of the
lot(s) being developed. A site plan for development may show future phases of buildings to be
used to demonstrate compliance with the minimum floor area ratio standard.
18. 0 LOT AREA AND WIDTH.19.04
All newly created lots shall have a minimumA. area adequate to provide for required yards and
parking. In the UMU district there is no minimum size for newly created lots.
There is no minimum width for newly created lots within the UMU district. B.
0 YARDS.18.19.05
A. Minimum Yards. No minimum yards are required for the mixed-use district. Easements for
utilities or other special standards may require buildings to be placed back from lot lines.
Maximum Setback. Buildings shall be oriented to the adjacent street. At least 50% of the total B.
building frontage, which is oriented to the street, shall be placed within 10 feet of any minimum
required separation from the property line.
Special Yard ReqC. uirements. All yards shall be subject to the provisions of §18.30.060 Design
Criteria and Development Standards in Entryway Corridors, §18.38.060 Yard and Height
Encroachments, Limitations and Exceptions, §18.42.100 Watercourse Setback, §18.44.100 Street
Vision Triangle, and §18.48.100 General Maintenance, BMC, when applicable.
32
PAGE 9 OF 13
18.19.060 BUILDING HEIGHT.
A. Minimum building height is three stories and 32 feet. To comply with this standard the space
being claimed as a story must be capable of being occupied for human use and have a floor area
of not less than 50% of the ground level story.
Maximum building height, except as allowed under §18.19.060.C, BMC for the UMU district B.
shall be 55 feet.
25 feet C. Maximum building height may be increased by up to but not more than an additional
when structured parking is provided per §18.19.070.E.2, BMC and when determined to be in
compliance with the review criteria of §18.34.090, BMC.
0 SPECIAL STANDARDS.18.19.07
A. A UMU district is anticipated to generally be not less than 20 acres in area. The City
Commission may approve a lesser area of not less than 10 acres upon finding; that a smaller area
will still provide for adequate transition between adjacent districts, provide a reasonable
community setting for the intensity of the district, and that a smaller area will not constitute spot
zoning.
B Th trict shall be surrounded by p. e dis erimeter streets unless precluded by topography.
C. All deve menlop t within the Urban Mixed-Use district, regardless of location within the City,
o Chapters 1 through 4 of the Design Objectives Plan established in Chapter shall conform t
18.30. In the event of a conflict between the Design Objectives Plan and the standards of this
chapter the standards of this chapter shall govern.
quirements shall be the same as the portion of the B-3 district outside the D. Landscaping re
defined e ar cor ea as shown in §18.48.060, Table 48-1, BMC.
Standards.E. Special Parking
m Surface Parking. 1. Maximu
In order to achieve the intena. t of the district and achieve efficiency in the use of
land, surface parking provided for the sole use of an individual development
shall not exceed 100% of the minimum parking requirement for the subject land
use(s) based upon the requirements of Chapter 18.46, BMC. The UMU district
may utilize the parking reductions authorized in §18.46.040.B.3.a, BMC. In
determining the 100% requirement all qualifying reductions shall be included.
b. Exemptions to §18.19.070.D.1.a, BMC to allow unstructured surface parking up
to 100% of the minimum parking requirement exclusive of reductions may be
approved through the development review process for developments that
provide shared parking to other development, valet parking spaces, parking for
33
PAGE 10 OF 13
off-site users for which an hourly or other regular rent is paid, or similarly
managed parking facilities.
Structured Parking Incentive. A floor area bonus of one square foot may be granted for 2.
each square foot of area of parking provided within a building. Additional height of
building is allowed to accommodate this additional building area per §18.19.060, BMC.
vered spaces shall be 3. Bicycle Parking. Covered bicycle parking shall be provided. The co
at least one-half of the total minimum bicycle parking. The minimum number of
covered spaces shall be the greater of either 10 bicycle parking spaces or 5% of motor
vehicle parking provided on-site.
E. Building Standards.
1. Transitions. Where the UMU district is adjacent to another zoning district, those
building ates gre r than three stories and located within 50 feet of another zoning district,
not including w the other idth of streets, shall have a stepped façade on the side facing
district. The portion of the façade in excess of three stories shall be stepped back not
less tha on 25% f the height of the initial three stories. Where applicable, cornices (e.g.,
building tops, or first-story cornices) shall be aligned to generally match the height(s) of
those on adjacent buildings.
Floor-to-Floor Heights and Floor Area of Ground-floor Space.2.
a. All commercial floor space provided on the ground floor of a mixed-use
building shall have a minimum floor-to-ceiling height of 12 feet.
b. All commercial floor space provided on the ground floor of a mixed-use
building shall contain the following minimum floor area:
(1) At least 800 square feet or 25 percent of the lot area (whichever is
greater) on lots with street frontage of less than 50 feet; or
(2) At least 20 percent of the lot area on lots with 50 feet of street frontage
or more.
In the UMU district buildings shall provide transparency along at least 50% percent of 3.
the linear length of the building’s façade. This may be achieved with windows, displays,
building lobbies, building entrances, display windows, or windows affording views into
retail, office, or lobby spaces. This requirement shall apply to both frontages of a
building located on a corner lot.
a. The bottom edge of any window or product display window used to satisfy the
transparency standard of this paragraph may not be more than 4 feet above the
adjacent sidewalk.
34
PAGE 11 OF 13
b. Product display windows used to satisfy these requirements shall have a
minimum height of four feet and be internally lighted.
4. Street-level openings on parking structures shall be limited to those necessary for retail
store entrances, vehicle entrance and exit lanes, and pedestrian entrances to stairs and
elevator lobbies. Parking structures adjacent to streets shall have architectural detailing
such as, but not limited to, standard size masonry units such as brick, divided openings
to give the appearance of windows, and other techniques to provide an interesting and
human scaled appearance on the story adjacent to the sidewalk. Parking areas may not
be used to meet the frontage requirement of Section 18.19.050.B, BMC.
5. Buildings shall be articulated with modules, architectural detailing, individual
floors visually expressed in the facade, and rhythm and pattern of openings and
surfaces to be human scale.
Lighting. All building entrances, pathways, and other pedestrian areas shall be lit with F.
pedestrian-scale lighting (e.g., wall mounted, sidewalk lamps, bollards, landscaping lighting, et
cetera). Alternative lighting meeting the intent of the design guidelines and other criteria of this
title, may be approved through site development review.
G. tura ut, building, and landscape design promote natural Na l Surveillance. The proposed site layo
sur ance of the area by employees, visitveillors, and residents. Physical features and activities
should rien e throughout the site.be o ted and designed in ways that maximize the ability to se
For exa le, wmp indow placement, the use of front porches or stoops, use of low or see-through
walls, an pprd a opriate use of landscaping and lighting can promote natural surveillance. Sight-
obscuring shrubs and walls should be avoided, except as necessary for buffering between
commercial uses and lower density residential districts, and then shall be minimized.
H. Public ces. eational areas are Spa The UMU district is urban in nature. Public parks and recr
likewise expected to be urban in nature. This will include elements such as plazas or other
hardsca g, la eveloped recreation facilities such as pin ndscaping with planters, furniture, d
basketball and tennis courts or indoor recreation facilities, and be more concentrated in size and
develop nt th e designed to facilitate me an anticipated in a less urban setting. Public spaces shall b
at least ee dthr istinct types of activities to encourage consistent human presence and activity.
The requirements of this section shall give direction in the development of park plans and the
application of the standards of Chapter 18.50, BMC.
1. Public spaces shall be designed to:
a. Facilitate social interaction between and within groups;
b. Provide safe, pleasant, clean and convenient sitting spaces adaptable to changing
weather conditions;
c. Be attractive to multiple age groups,
d. Provide for multiple types of activities without conflicting;
e. Support organized activities;
35
f. Be
PAGE 12 OF 13
visually distinctive and interesting;
Interconnect with other public and private spaces; and g.
h. Prioritize use by persons.
Section 3
Repealer.
olutions, ordinances and secti an Municipal Code and parts thereof in
Severability.
thereof to any person or circumstances is
nance which may be given
ffect without the invalid provision or application and, to this end, the provisions of this ordinance are
Section 5
Savings Provision.
is ordinance does not affect the rights or duties that m ents that
d, approved and permitted projects, or legal proceedings that began before the effective date
f this ordinance.
tion 6
ce shall be in full force and effect sixty (60) days after passage on second reading.
PASSED by the City Commission of the City of Bozeman, Montana, on first reading at a
regular se
______________________________________
JEFF KRAUSS, Mayor
ATTEST:
____________________________
RIT FONTENOT
ity Clerk
All res ons of the Bozem
conflict herewith are hereby repealed.
Section 4
If any provisions of this ordinance or the application
held invalid, such invalidity shall not affect the other provisions of this ordi
e
declared to be severable.
Th
ere incurre
atured, penalties and assessm
w
o
Sec
Effective Date.
s ordinan Thi
ssion thereof held on the 21st day of May 2007.
_________
B
C
36
PAGE 13 OF 13
PASSED, ADOPTED AND APPROVED by the City Commission of the City of
Bozeman, Montana, on second readin on the 4th day of June 2007.
_____________
ayor
ATTEST:
_____________________________________
BRIT FONTENOT
City Clerk
APPROVED AS TO FORM:
___________________________________
PAUL J. LUWE, City Attorney
g at a regular session thereof held
_________________________
JEFF KRAUSS, M
37
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Jody Sanford, Senior Planner
SUBJECT: Second Reading of Ordinance No. 1704 for #Z-06121, Norton East Ranch
ZMA
MEETING DATE: Monday, June 4, 2007
Consent Agenda Item for Second Reading
RECOMMENDATION: The City Commission adopts and finally approves Ordinance No. 1704 on
Second Reading.
BACKGROUND: The Commission preliminarily approved the rezoning on August 21, 2006. The
ordinance passed on first reading on May 7, 2007.
UNRESOLVED ISSUES: None
FISCAL EFFECTS: None
ALTERNATIVES: As suggested by the City Commission.
CONTACT: Please email Jody Sanford at jsanford@bozeman.net if you have any questions prior to
the public meeting.
APPROVED BY: Andrew Epple, Planning Director
Chris Kukulski, City Manager
ATTACHMENTS:
Ordinance 1704
38
ORDINANCE NO. 1704
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE
MAP AND ESTABLISHING AN INITIAL MUNICIPAL ZONING
DESIGNATION OF B-P (BUSINESS PARK DISTRICT) ON 24.6 ACRES,
R-O (RESIDENTIAL OFFICE DISTRICT) ON 63.6 ACRES, R-4
(RESIDENTIAL HIGH DENSITY DISTRICT) ON 87.74 ACRES, R-3
(RESIDENTIAL MEDIUM DENSITY DISTRICT) ON 52.64 ACRES AND R-2
(RESIDENTIAL, TWO-HOUSEHOLD MEDIUM DENSITY DISTRICT) ON 21
ACRES LOCATED IN THE SE1/4NW1/4, SW1/4NE1/4, E1/2SW1/4,
W1/2SE1/4 IN SECTION 9, TOWNSHIP 2 SOUTH, RANGE 5 EAST,
P.M.M., GALLATIN COUNTY, MONTANA.
WHEREAS, the proposed zone map amendment to grant a zoning designation of B-P
(Business Park District) on 24.6 acres, R-O (Residential Office District) on 63.6 acres, R-4
(Residential High Density District) on 87.74 acres, R-3 (Residential Medium Density District) on
52.64 acres and R-2 (Residential, Two-Household Medium Density District) on 21 acres, has
been properly submitted, reviewed and advertised; and
WHEREAS, the Bozeman Zoning Commission held a public hearing on July 8, 2006,
to receive and review all written and oral testimony on the request for a zone map amendment;
and
WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City
Commission that the zone map amendment be approved; and
WHEREAS, after proper notice, the City Commission held its public hearing August
21, 2006, to receive and review all written and oral testimony on the request for a zone map
amendment; and
WHEREAS, the City Commission has reviewed and considered the twelve zone
change criteria established in Section 76-2-304, M.C.A., and found the proposed zone map
amendment, to be in compliance with the twelve criteria; and
39
2
WHEREAS, at its meeting held on August 21, 2006, the City Commission found that
the proposed zone map amendment would be in compliance with the City of Bozeman Growth
Policy and would be in the public interest.
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of
Bozeman, Montana:
Section 1
That the zoning district designation on a tract of land located in the SE1/4NW1/4,
SW1/4NE1/4, E1/2SW1/4, W1/2SE1/4 IN Section 9, Township 2 South, Range 5 East,
P.M.M., Gallatin County, Montana, and being more particularly described as follows:
Zoning B-P
Being a zoning designation located in the SE1/4 of Section 9, Township 2 South, Range 5 East,
P.M.M., Gallatin County, Montana, being more particularly described as follows:
Commencing at the South Quarter Corner of Section 9, being the True Point of Beginning;
Thence North 01°30'02" West a distance of 709.89 feet;
Thence South 89°34'08" East a distance of 1419.62 feet;
Thence South 02°08'35" West a distance of 761.82 feet to the South right-of-way of U.S.
Highway 191;
Thence along said right of way through the following courses;
North 89°16'28" West a distance of 471.81 feet;
South 00°43'32" West a distance of 15.00 feet;
North 89°16'28" West a distance of 13.50 feet;
North 89°31'43" West a distance of 885.39 feet;
North 01°30'02" West a distance of 63.91 feet, to the True Point of Beginning.
Said zoning designation contains 24.63 acres more or less.
Zoning R-O
Being a zoning designation located in the E1/2 of Section 9, Township 2 South, Range 5 East,
P.M.M., Gallatin County, Montana, being more particularly described as follows:
Commencing at the South Quarter Corner of Section 9, being the True Point of Beginning.
Thence South 01°30'02" East a distance of 63.91 feet to the South right-of-way of U.S. Highway
191;
Thence along said Right of way, North 89°31'43" West a distance of 1337.77 feet;
Thence leaving said Right of Way, North 02°22'18" East a distance of 1423.40 feet;
Thence South 89°34'06" East a distance of 1334.25 feet;
Thence South 89°34'10" East a distance of 1327.27 feet;
Thence South 02°08'35" West a distance of 30.01 feet;
Thence South 89°34'10" East a distance of 41.02 feet;
Thence South 02°08'35" West a distance of 620.44 feet;
Thence North 89°34'08" West a distance of 1419.62 feet;
40
3
Thence South 01°30'02" East a distance of 709.89 feet, to the True Point of Beginning.
Said zoning designation contains 63.60 acres more or less.
Zoning R-4
Being a zoning designation located in the E1/2 of Section 9, Township 2 South, Range 5 East,
P.M.M., Gallatin County, Montana, being more particularly described as follows:
Commencing at the CN 1/16 Corner of Section 9. being the True Point of Beginning.
Thence South 89°12'30" East a distance of 1320.25 feet;
Thence South 02°30'04" West a distance of 1340.84 feet;
Thence South 02°08'35" West a distance of 1302.22 feet;
Thence North 89°34'10" West a distance of 1327.27 feet;
Thence North 89°34'06" West a distance of 92.69 feet;
Thence North 01°30'02" West a distance of 352.52 feet;
Thence along a curve to the left having a radius of 300.00 feet, a length of 34.24 feet, a delta of
06°32'25", a chord bearing of N 04°46'23" W and a chord length of 34.23 feet;
Thence North 08°02'35" West a distance of 90.53 feet;
Thence along a curve to the right having a radius of 300.00 feet, a length of 38.01 feet, a delta
of 07°15'37", a chord bearing of N 04°24'47" W and a chord length of 37.99 feet;
Thence North 00°46'58" West a distance of 785.57 feet;
Thence North 00°39'49" East a distance of 322.85 feet;
Thence along a curve to the right having a radius of 300.00 feet, a length of 97.48 feet, a delta
of 18°37'05", a chord bearing of N 09°58'21" E and a chord length of 97.06 feet;
Thence North 19°16'53" East a distance of 575.41 feet;
Thence along a curve to the left having a radius of 300.00 feet, a length of 82.80 feet, a delta of
15°48'47", a chord bearing of N 11°22'30" E and a chord length of 82.53 feet;
Thence North 03°28'06" East a distance of 307.02 feet, to the True Point of Beginning.
Said zoning designation contains 87.74 acres more or less.
Zoning R-3
Being a zoning designation located in the W1/2 of Section 9, Township 2 South, Range 5 East,
P.M.M., Gallatin County, Montana, being more particularly described as follows:
Commencing at the CN 1/16 Corner of Section 9. being the True Point of Beginning.
Thence South 03°28'06" West a distance of 307.02 feet;
Thence along a curve to the right having a radius of 300.00 feet, a length of 82.80 feet, a delta
of 15°48'47", a chord bearing of S 11°22'30" W and a chord length of 82.53 feet;
Thence South 19°16'53" West a distance of 575.41 feet;
Thence along a curve to the left having a radius of 300.00 feet, a length of 97.48 feet, a delta of
18°37'05", a chord bearing of S 09°58'21" W and a chord length of 97.06 feet;
Thence South 00°39'49" West a distance of 322.85 feet;
Thence South 00°46'58" East a distance of 785.57 feet;
Thence along a curve to the left having a radius of 300.00 feet, a length of 38.01 feet, a delta of
07°15'37", a chord bearing of S 04°24'47" E and a chord length of 37.99 feet;
Thence South 08°02'35" East a distance of 90.53 feet;
Thence along a curve to the right having a radius of 300.00 feet, a length of 34.24 feet, a delta
of 06°32'25", a chord bearing of S 04°46'23" E and a chord length of 34.23 feet;
41
4
Thence South 01°30'02" East a distance of 352.52 feet;
Thence North 89°34'06" West a distance of 1241.56 feet;
Thence North 02°22'18" East a distance of 1298.33 feet;
Thence South 89°39'23" East a distance of 681.87 feet;
Thence North 02°23'53" East a distance of 1346.49 feet;
Thence North 89°56'33" East a distance of 656.60 feet, to the True Point of Beginning.
Said zoning designation contains 52.64 acres more or less.
Zoning R-2
Being a zoning designation located in the NW 1/4 of Section 9, Township 2 South, Range 5
East, P.M.M., Gallatin County, Montana, being more particularly described as follows:
Commencing at the NW 1/16 Corner of Section 9. being the True Point of Beginning.
Thence North 89°56'33" East a distance of 680.63 feet;
Thence South 02°23'53" West a distance of 1346.49 feet;
Thence North 89°39'23" West a distance of 681.87 feet;
Thence North 02°27'31" East a distance of 1341.77 feet, to the True Point of Beginning.
Said zoning designation contains 21.00 acres more or less.
Section 2
The effective date is thirty days after final adoption of this ordinance on second reading.
PASSED by the City Commission of the City of Bozeman, Montana, on first reading, at a
regular session thereof held on the day of , 2007.
JEFFREY K. KRAUSS
MAYOR
ATTEST:
BRIT FONTENOT
CITY CLERK
42
5
PASSED, ADOPTED AND FINALLY APPROVED by the City Commission of the City
of Bozeman, Montana, on second reading, at a regular session thereof held on the _____ day of
__________________________ 2007.
JEFFREY K. KRAUSS
MAYOR
ATTEST:
BRIT FONTENOT
CITY CLERK
APPROVED AS TO FORM:
PAUL J. LUWE
CITY ATTORNEY
43
Report compiled on May 24, 2007
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Jody Sanford, Senior Planner
SUBJECT: Davenport Annexation, #A-06013
RESOLUTION OF ANNEXATION
MEETING DATE: Monday, June 4, 2007
CONSENT AGENDA
RECOMMENDATION: The City Commission approves Resolution #4023 to formally annex the
Davenport Annexation.
BACKGROUND: On Monday, January 8, 2007, the City Commission voted 5 to 0 to approve this
request for annexation, and 5 to 0 to conditionally approve the requested mix of initial municipal
zoning designations. The applicants have fulfilled the terms of annexation attached to their
approval. The Resolution of Annexation has been prepared and is now ready to be acted upon to
formally complete the annexation process.
UNRESOLVED ISSUES: There are no unresolved issues at this time.
FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased
property tax revenues, along with increased costs to deliver municipal services to the property, when
the property is developed.
ALTERNATIVES: As suggested by the City Commission.
CONTACT: Please feel free to email Jody Sanford at jsanford@bozeman.net if you have any
questions prior to the public hearing.
APPROVED BY: Andrew Epple, Planning Director
Chris Kukulski, City Manager
ATTACHMENTS:
City Commission Resolution #4023
Annexation Agreement signed by the property owner
Property owner’s submittal
Exhibit
44
COMMISSION RESOLUTION NO. 4023
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING FOR THE ANNEXATION OF A CERTAIN
CONTIGUOUS TRACT OF LAND, HEREINAFTER DESCRIBED, TO THE
CORPORATE LIMITS OF THE CITY OF BOZEMAN AND THE EXTENSION OF
THE BOUNDARIES OF THE CITY OF BOZEMAN SO AS TO INCLUDE SAID
CONTIGUOUS TRACT.
WHEREAS, the City of Bozeman received a request for annexation from Kenneth and Judith
Davenport, and Blair McGavin, owners of tracts of land, requesting the City Commission to extend the
boundaries of the City of Bozeman so as to include certain contiguous tracts of land lying along the west
side of North 27th Avenue/Thomas Drive in the County of Gallatin, State of Montana; and
WHEREAS, Kenneth and Judith Davenport, and Blair McGavin, are the current landowners of
record of properties described as Tracts A and B of Certificate of Survey No. 500, the abandoned
dedicated roadway as described in Film 8, Pages 911, Records of Gallatin County, the Tract of land
described in Film 11, Page 789, Records of Gallatin County, and the Tract of land described in Film 116,
Page 2556, Records of Gallatin County, situated in the NE¼ of the SW¼ of Section 35, Township 1S,
Range 5E, PMM, Gallatin County, Montana, requesting the City Commission to extend the boundaries
of the City of Bozeman; and
WHEREAS, an annexation staff report has been prepared in accordance with the
Commission's goals and policies for annexation and was presented to the Commission on January 8,
2007; and
WHEREAS, a public hearing on said annexation petition was duly noticed and held on
January 8, 2007; and
WHEREAS, no members of the public spoke in regards to said annexation at the public
hearing; and
WHEREAS, the City did not receive any written protest from the real property owners of the
area to be annexed; and
45
2
WHEREAS, on January 8, 2007, the Commission authorized and directed staff, upon
satisfaction by the applicant of the conditions of approval, to prepare the necessary documents to
proceed with the annexation of this tract in accordance with terms of annexation specified in the staff
report; and
WHEREAS, the provision of available services, including, but not limited to, rights-of-way,
easements, water rights or cash in lieu, waivers of protest against creation of SID's and water and sewer
hookup fees, to said contiguous tract as described is the subject of a written agreement between the
City and Kenneth and Judith Davenport, and Blair McGavin; and
WHEREAS, said contiguous tracts are described as Tracts A and B of Certificate of Survey
No. 500, the abandoned dedicated roadway as described in Film 8, Pages 911, Records of Gallatin
County, the Tract of land described in Film 11, Page 789, Records of Gallatin County, and the Tract of
land described in Film 116, Page 2556, Records of Gallatin County, situated in the NE¼ of the SW¼ of
Section 35, Township 1S, Range 5E, PMM, Gallatin County, Montana; and
WHEREAS, the Bozeman City Commission hereby finds that the annexation of these
contiguous tracts is in the best interests of the City of Bozeman and the inhabitants thereof and of the
inhabitants of the contiguous tract.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana:
Section 1
That it is hereby declared that, pursuant to Title 7, Chapter 2, Part 46, M.C.A., the following-
described property, which is contiguous to the municipal boundaries of the City of Bozeman, be
annexed to the City of Bozeman and that the boundaries of said City shall be extended so as to
embrace and include such 24.99 acres of land, to wit:
A tract of land being Tracts A and B of Certificate of Survey No. 500, the abandoned
dedicated roadway as described in Film 8, Pages 911, 959, Records of Gallatin
County, the tract of land described in Film 11, Page 789, Records of Gallatin County,
and the tract of land described in Film 116, Page 2556, Records of Gallatin County,
situated in the NE1/4 of the SW1/4 Section 35, T1S, R5E, P.M.M., Gallatin County,
Montana.
Beginning at the E1/16 corner of the SW1/4 of said Section 35, thence along the north
boundaries of Lot 1 of Baxter Lane Subdivision No. 1 and the tracts of land described
in Film 11, Pages 1857 & 1858 and Film 17, Page 724, Records of Gallatin County
46
3
S89°17'59"W a distance of 1323.43 feet to the southeast corner of the tract of land
described in Film 117, Page 3623, Records of Gallatin County; thence along the east
boundary of the said tract of land and the tract of land described in Film 14, Page
1699, Records of Gallatin County N00°06'44"W a distance of 818.74 feet to the
southwest corner of the tract of land described in Film 3, Page 49, Records of Gallatin
County; thence along the south boundary of the said tract N88°58'36"E a distance of
1324.06 feet to a point on the west boundary of the Remainder of Lot 3 of Minor
Subdivision No. 210; thence along the said west boundary S00°04'31"E a distance of
826.21 feet to the Point of Beginning. Said tract being 24.99 acres, along with and
subject to any existing easements.
Section 2
The effective date of this annexation is June 4, 2007.
Section 3
The annexation of the above-described tract is subject to the terms of the Agreement dated
June 4, 2007, by and between the City of Bozeman and Kenneth and Judith Davenport, and Blair
McGavin, owners of said tracts of land.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 4th day of June, 2007.
_________________________________
JEFFERY K. KRAUSS, Mayor
ATTEST:
_________________________________
BRIT FONTENOT
City Clerk
APPROVED AS TO FORM:
_________________________________
PAUL J. LUWE
City Attorney
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Report compiled on May 24, 2007
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Jody Sanford, Senior Planner
SUBJECT: Davenport Zone Map Amendment, #Z-06252
Ordinance No. 1708
MEETING DATE: Monday, June 4 2007
Consent Agenda Item for First Reading
RECOMMENDATION: The City Commission takes action on the first reading of this ordinance
to establish initial municipal zoning for the Davenport Annexation.
BACKGROUND: On Monday, January 8, 2007, the City Commission voted 5 to 0 to approve the
Davenport Annexation, and 5 to 0 to conditionally approve the requested mix of initial municipal
zoning designations. The applicants have fulfilled the contingencies attached to their zone map
amendment approval. The adopting ordinance has been prepared and is now ready to be acted
upon.
UNRESOLVED ISSUES: None.
FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased
property tax revenues, along with increased costs to deliver municipal services to the property, when
the property is developed.
ALTERNATIVES: As suggested by the City Commission.
CONTACT: Please feel free to email Jody Sanford at jsanford@bozeman.net if you have any
questions.
APPROVED BY: Andrew Epple, Planning Director
Chris Kukulski, City Manager
ATTACHMENTS:
Ordinance No. 1708
Zone Amendment Map
123
ORDINANCE NO. 1708
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE
MAP AND ESTABLISHING AN INITIAL MUNICIPAL ZONING
DESIGNATION OF R-4 (RESIDENTIAL HIGH DENSITY DISTRICT) ON
24.99 ACRES LOCATED DESCRIBED AS TRACTS A AND B OF
CERTIFICATE OF SURVEY NO. 500, THE ABANDONED DEDICATED
ROADWAY AS DESCRIBED IN FILM 8, PAGES 911, RECORDS OF
GALLATIN COUNTY, THE TRACT OF LAND DESCRIBED IN FILM 11,
PAGE 789, RECORDS OF GALLATIN COUNTY, AND THE TRACT OF
LAND DESCRIBED IN FILM 116, PAGE 2556, RECORDS OF GALLATIN
COUNTY, SITUATED IN THE NE¼ OF THE SW¼ OF SECTION 35,
TOWNSHIP 1S, RANGE 5E, PMM, GALLATIN COUNTY, MONTANA.
WHEREAS, the proposed zone map amendment to grant a zoning designation of R-4
(Residential High Density District) on 24.99 acres has been properly submitted, reviewed and
advertised; and
WHEREAS, the Bozeman Zoning Commission held a public hearing on July 8, 2006,
to receive and review all written and oral testimony on the request for a zone map amendment;
and
WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City
Commission that the zone map amendment be approved; and
WHEREAS, after proper notice, the City Commission held its public hearing on
December 19, 2006, to receive and review all written and oral testimony on the request for a
zone map amendment; and
WHEREAS, the City Commission has reviewed and considered the twelve zone
change criteria established in Section 76-2-304, M.C.A., and found the proposed zone map
amendment, to be in compliance with the twelve criteria; and
WHEREAS, at its meeting held on January 8, 2007, the City Commission found that
the proposed zone map amendment would be in compliance with the City of Bozeman Growth
Policy and would be in the public interest.
124
2
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of
Bozeman, Montana:
Section 1
That the zoning district designation shall be R-4 (Residential High Density District) for
tracts of land described as Tracts A and B of Certificate of Survey No. 500, the abandoned
dedicated roadway as described in Film 8, Pages 911, Records of Gallatin County, the Tract
of land described in Film 11, Page 789, Records of Gallatin County, and the Tract of land
described in Film 116, Page 2556, Records of Gallatin County, situated in the NE¼ of the
SW¼ of Section 35, Township 1S, Range 5E, PMM, Gallatin County, Montana, and being
more particularly described as follows:
Beginning at the E1/16 corner of the SW1/4 of said Section 35, thence along the
north boundaries of Lot 1 of Baxter Lane Subdivision No. 1 and the tracts of land
described in Film 11, Pages 1857 & 1858 and Film 17, Page 724, Records of
Gallatin County S89°17'59"W a distance of 1323.43 feet to the southeast corner of
the tract of land described in Film 117, Page 3623, Records of Gallatin County;
thence along the east boundary of the said tract of land and the tract of land
described in Film 14, Page 1699, Records of Gallatin County N00°06'44"W a
distance of 818.74 feet to the southwest corner of the tract of land described in Film
3, Page 49, Records of Gallatin County; thence along the south boundary of the said
tract N88°58'36"E a distance of 1324.06 feet to a point on the west boundary of the
Remainder of Lot 3 of Minor Subdivision No. 210; thence along the said west
boundary S00°04'31"E a distance of 826.21 feet to the Point of Beginning. Said tract
being 24.99 acres, along with and subject to any existing easements.
Section 2
The effective date is thirty days after final adoption of this ordinance on second reading.
PASSED by the City Commission of the City of Bozeman, Montana, on first reading, at a
regular session thereof held on the day of , 2007.
JEFFREY K. KRAUSS
MAYOR
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3
ATTEST:
BRIT FONTENOT
CITY CLERK
PASSED, ADOPTED AND FINALLY APPROVED by the City Commission of the City
of Bozeman, Montana, on second reading, at a regular session thereof held on the _____ day of
__________________________ 2007.
JEFFREY K. KRAUSS
MAYOR
ATTEST:
BRIT FONTENOT
CITY CLERK
APPROVED AS TO FORM:
PAUL J. LUWE
CITY ATTORNEY
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Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Bob Murray, Project Engineer
Chris Kukulski, City Manager
SUBJECT: Wastewater Facility Plan Update
MEETING DATE: 6/4/07
BACKGROUND: Attached is a copy of the partially executed Amendment No. 2 with Morrison
Maierle, Inc. for Professional Engineering Services for the above referenced project.
The document is in the City’s standard format. During the course of the project, a few items were added
that were not included in the original scope. We are attempting to close out the contract and we need to
take care of these items in order to do so. Reviewing the type of disinfection system that will be used in
the new plant was not originally included because it was being covered by a separate contract. That
contract was canceled, so the effort had to be transferred here. Also, the original contract only anticipated
two public meetings, and in the end it required three to get the plan adopted. This amendment reflects the
effort associated with those two items. The proposed fee of $5,000.00 appears to be commensurate with
the items complexity and level of effort expended.
RECOMMENDATION: Authorize City Manager to sign.
FISCAL EFFECTS: This project will be paid for from the Wastewater Fund.
ALTERNATIVES: As suggested by the City Commission.
Respectfully submitted,
_________________________________ ____________________________
Robert J. Murray Jr., Project Engineer Chris A. Kukulski, City Manager
Attachments: Amendment No. 2
Report compiled on 5/30/2007
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Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Sara Folger
Chris Kukulski, City Manager
SUBJECT: CTEP Project Construction Contract Award
MEETING DATE: June 4, 2007
BACKGROUND: On May 9, 2007 sealed bids were opened for the CTEP project STPE
1299(11), Historic School Rehab – Bozeman, referred to as the East Willson School Re-Roof
project. This was the second advertised bid for the project, as no bids were received during the
first bid period in April.
Two bids were received for the project, one from a Belgrade roofing contractor and one
from a Missoula contractor. The Missoula firm is the apparent low bidder. I request permission
to award the contract for this project to Mark Buck Construction, Inc. for the bid amount of
$216,840.00.
The CTEP program allows for funding this type of project because of the building’s
location on a state highway and its historic status. The E. Willson project has been “on the
books” since 2000. Three design iterations and rising cost issues have created long delays in
project implementation. In December 2006 the Bozeman School District agreed to make a
significant contribution toward completion of the project, and the design consultant, ThinkOne
Architects, has donated the bulk of its services for design and construction adminsitration.
The roof of the building, constructed around 1905, is leaking and the interior is suffering
significant water damage. The objective of this CTEP project is to halt the water damage so that
potential re-use of the building becomes more feasible.
RECOMMENDATION: Authorize the City Manager to award the construction contract for the
East Willson Roof Rehab CTEP project to the apparent low bidder, Mark Buck Construction,
Inc. of Missoula, Montana.
FISCAL EFFECTS: The original CTEP budget of $136,000.00 for the project has not been
modified by the School District’s contribution. Thus the City’s 13.42% match amount applies
to the original CTEP budget, or $18,251.00. The School District has pledged additional funds
136
up to $90,000.00 to complete the project, which will prevent the City from having to use
“unallocated” CTEP funds to complete construction.
ALTERNATIVES: As suggested by the Commission.
Respectfully submitted,
_________________________________ ____________________________
Sara Folger, Grants Administrator / Chris A. Kukulski, City Manager
CTEP Coordinator
Report compiled on May 29, 2007
137
NOTICE OF AWARD
Dated: June 4, 2007
To: Mark Buck Construction, Inc.
4900 Mallard Way
Missoula, MT 59808
CONTRACT: Historic School Rehab – Bozeman STPE 1299(11) CN 4524
PROJECT: Community Transportation Enhancement Program project named:
Historic School Rehab – East Willson School Roof Repair- Bozeman.
OWNER”S Contract No. CTEP Project No. STPE 1299(11) CN 4524
You are notified that your Bid dated May 7th, 2007 for the above Contract has been considered. You are
the apparent Successful Bidder and have been awarded a contract for the Historic School Rehab – Bozeman.
The contract Price of your contract is Two Hundred Sixteen Thousand, Eight-Hundred Forty Dollars
exactly.
You must comply with the following conditions precedent within fifteen days of the date of this Notice of
Award, that is by June 20, 2007:
1. Deliver with the executed Contract documents the Contractor’s Performance Bond, Payment
Bond, and certificates of insurance as specified in the Instructions to Bidders (Article 18 and Article 19).
Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid
in default, to annul this Notice of Award, and to declare your Bid security forfeited.
You are required to return an acknowledged copy of this Notice of Award to the Owner.
Dated this ___4th_________ day of ____June________, 2007.
City of Bozeman
Owner
By___________________________________
Title City Manager
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE OF AWARD is hereby acknowledged
By________________________________________________
This _________ day of ______________, 2007.
By ________________________________________________
Title _______________________________________________
138
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Brit Fontenot, City Clerk
Chris Kukulski, City Manager
SUBJECT: Reconsideration of Section 3 of Resolution 4009 as it relates to glass
disposal at the City of Bozeman Landfill
MEETING DATE: June 4, 2007
RECOMMENDATION: Consider making a motion reconsidering Section 3 of Resolution
4009, originally approved on March 26, 2007. If a motion to reconsider is successful, schedule a
public hearing for a date certain and direct staff to return to the Commission on said date with a
revised resolution reflecting the desire of the Commission to continue to accept glass at the City
of Bozeman landfill.
Original motion language:
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.
BACKGROUND: On March 26, the Commission voted 4-0 to approve Commission
Resolution 4009. The staff report, delivered by Solid Waste Superintendent Steve Johnson,
stated in part:
Headwaters Recycling has not had an outlet for recycled glass for a number of
years, and glass collected from the City recycling Binnies has been stockpiled at
139
the City landfill for over four years. The State DEQ purchased a glass pulverizer
that was intended to travel to glass stockpile sites throughout the state. The
pulverized glass was planned to be used in landscape projects. The pulverizer was
at our landfill approximately three years ago, but it has since been stationed at
Headwaters in Boulder which appears to be its permanent home. We have
attempted to use the glass in gravel road bases, and the City of Bozeman
construction standards permit and encourage this. However, local gravel
contractors have not shown any interest in using the product because of the time
and expense it takes to transport the glass to their facility and to change their
crushing operations to accommodate the glass. The glass stockpiled at our landfill
is currently being crushed with heavy equipment and mixed with soil and is used
as daily cover at the landfill, which reduces the amount of soil used. Once the
landfill is closed, we will have no use for the glass. Because there is no market for
recycled glass, the glass Binnies will soon be removed from the recycling sites
and we will begin an advertising campaign to advise the public of this change.
Additionally, the Commission briefly discussed the glass stockpiling issue on Thursday,
May 24, 2007, at the scheduled policy meeting.
FISCAL EFFECTS: Undetermined
ALTERNATIVES: As suggested by the Commission.
Respectfully submitted,
_________________________________ ____________________________
Brit Fontenot, City Clerk Chris A. Kukulski, City Manager
Attachments: (1) Resolution 4009, approved on March 26, 2007
(2) Approved Minutes of the March 26, 2007 City Commission meeting
140
COMMISSION RESOLUTION NO 4009
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN MONTANA 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
WHEREAS the Bozeman City Commission did regularly pass Commission Resolution No
3468 on the 13th day ofAugust 2001 which Resolution established the types of waste permitted and a
revised landfill gate fee schedule for users ofthe City of Bozeman landfill and
WHEREAS the Bozeman City Commission did regularly pass Commission Resolution No
3582 on the 1 ih day of March 2003 which Resolution affirmed the types of waste permitted and
affirmed the landfill gate fee schedule for users of the City of Bozeman landfill established in
Commission Resolution No 3468 and
WHEREAS the Bozeman City Commission did regularly pass Commission Resolution No
3830 on the 1sl day of August 2005 which Resolution affirmed the types of waste permitted and
determined that the landfill gate fees established by Commission Resolution No 3468 are still
appropriate and in the best interests of the City of Bozeman and that no adjustment in the fees were
necessary at that time with the exception ofthe fee for compostable materials
WHEREAS the Bozeman City Commission did regularly pass Commission Resolution No
3860 on the 3rd day of October 2005 which Resolution revised the types of waste permitted at the
landfill affirming the landfill fee scheduled established in Commission Resolution No 3830 and
restricting the users of the City ofBozeman Landfill and
WHEREAS the Bozeman landfill cannot accept wire as defined cable rope etc greater
than three feet in length since these materials cause an inordinate amount ofdamage to City equipment
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used at the landfill and
WHEREAS the Bozeman landfill has established a compost program to encourage
recycling and wood waste reduction and
WHEREAS the Bozeman landfill does not accept waste from outside Gallatin County and
WHEREAS the Bozeman landfill does not accept asbestos unless specifically approved by
the Bozeman City Commission and
WHEREAS the Bozeman landfill does not accept liquid wastes and
WHEREAS due to the fact that tires need to be deeply buried and the Bozeman landfill is
nearing capacity the Bozeman landfill can no longer accept tires and
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 and
WHEREAS the City of Bozeman in accordance with its license to operate a Class n
landfill can accept only Group n Group ill and Group IV wastes as defined in 16 14 503 ARM and
as can be accommodated by the existing cell capacity and
WHEREAS on September 12 2005 the City Commission determined that the construction
of a solid waste transfer station was not in the best interest of the public at that time In light ofthe
fact the City of Bozeman Landfill Class n cell is nearing capacity the City Commission further
determined that the life of the City of Bozeman Landfill Class n cell should be extended as long as
possible for the convenience ofCity of Bozeman residents and passed Commission Resolution No
3860 prohibiting non city ofBozeman residents commercial haulers and commercial businesses from
utilizing the City of Bozeman Landfill for solid waste and construction waste disposal while
continuing to operate their compost and recycling services for the benefit ofall residents of Gallatin
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County and amending the landfill gate fees previously established in Commission Resolution No
3830 and
WHEREAS the Commission has determined that it is in the best interest of the citizens of
Bozeman for the City to join the Gallatin Solid Waste Management District and that it will be in the
best interest of the citizens of said District for the City s landfill to be filled and closed by June 30
2008
NOW THEREFORE BE IT RESOLVED by the City Commission of the City of
Bozeman Montana
Section 1
To defray the cost and expense of operating the City of Bozeman landfill there is hereby
established a schedule of fees to be levied upon all users of the landfill rforth in Schedule A
attached
Section 2
The City of Bozeman Landfill Class II cell shall be open tt l5tr of Bozeman non
commercial residents and City of Bozeman solid waste collection trucks only for the purpose of
disposing of Class II material Private commercial garbage trucks commercial pickup trucks and
trailers roll off construction or garbage containers construction loads and demolition materials and
non city residents will not be allowed to utilize the City of Bozeman Landfill When a Convenience
Station is constructed and is in operation at the City of Bozeman Landfill non city residents will be
allowed to utilize the Convenience Station upon mutual agreement between the SolidWaste District
Board and City of Bozeman
Section 3
The Compost and Recycling services currently offered at the City ofBozeman Landfill with
143
the exception ofglass disposal shall continue to be offered to all residents ofGallatin County for the
fees established in Schedule A attached
Section 4
These revisions shall become effective April 16 2007
PASSED AND ADOPTED by the City Commission ofthe CityofBozeman Montana at a
regular session thereofheld on the 26th day of March 2007
IL tt IJEFjR6IJS itayor
ATTEST
Brit Fonten6 7
City Clerk
APPROVED AS TO FORM
144
SCHEDULE A
CITY OF BOZEMAN
LANDFILL GATE FEES
Effective April 16 2007 the following landfill gate fees are in effect
Load Size Fee Per Ton
Minimum up to 2 cubic yards City residents
Minimum up to 2 cubic yards non City residents
Normal waste over minimum
10 00 36 77
15 00 36 77
0 01839 lb 36 77
Specialtv Materials
Sheet Metal Goods appliances
Wire less than 3 feet in length
Dead Animals Less than 200 lbs
More than 200 lbs
0 052211Ib
0 01 839lb
15 00 ea
78 00 ea
10442
36 77
Compostable Materials
Separated compost yard waste other compostable materials including clean
stock wood waste brush and trees
Minimum up to 2 cubic yards with current City ofBozeman Solid Waste Bill
Compost over minimum 0 0092lb
Minimum up to 2 cubic yards without current City of Bozeman Solid Waste Bill
Compost over minimum 0 01 839 lb
10 00
18 39
15 00
36 77
Fines
Cover on transport
Vehicles smaller than one ton truck
Small trailers including converted pickup boxes
One ton trucks and up
Trailers larger than converted pickup boxes
25 00load
25 00load
50 00load
50 00load
wire defined as all woven or braided materials such as barbed wire woven wire clothesline
wire cable twine and rope will not be accepted if longer than three feet in length with one
exception metal wire suitable for the white goods recycling pile
per provisions of Ordinance No 1386
Reference Bozeman City Commission Resolution No 4009 adopted March 26 2007
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Report compiled on May 25, 2007
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Andrew Epple, Planning Director
Chris Kukulski, City Manager
SUBJECT: Amendments to Chapter 3.24
MEETING DATE: Monday, June 4, 2007
RECOMMENDATION: Conduct public hearing and continue to July 23rd to coincide with the
second consideration of the updated water and sewer impact fee studies.
BACKGROUND: The City adopted an impact fee program in 1996 through ordinance. The
ordinance was codified as Chapter 3.24 of the Bozeman Municipal Code. The Legislature passed
a law in 2005 specifically authorizing impact fees and establishing criteria and guidelines for
their development and utilization. The City satisfies part of the required criteria and guidelines
through Chapter 3.24.
As part of the impact fee update Chapter 3.24 requires some revisions to correspond with the
new requirements of state law. Revisions are required to match references and policies to the
new water and sewer fee studies. Some additional revisions are suggested for clarity or general
improvement. A listing of the material edits by section is attached. The draft incorporates several
items of policy direction given by the Commission on May 21st such as including a special large
meter/high strength discharge provision.
The City entered into a settlement agreement in April 2005 to conclude litigation regarding
impact fees. As part of the settlement the City agreed to collect 80% of the calculated cost of
service for two years or until the fee studies were updated. This change is only made by
ordinance. The two year period has now fully passed and fee studies are underway. The
ordinance is now open for revisions related to the water and wastewater studies and state law
changes. The Commission needs to decide what, if any, changes should be made to the
percentage of the collected cost of service. Each fee is independent of the others so revisions to
the collected percentage could be made for only some of the fees at this time.
The Impact Fee Advisory Committee was presented the draft ordinance changes on May 24th.
They did not take action to make a recommendation at that time and will consider the matter
again at their meeting on June 28th.
UNRESOLVED ISSUES: 1) Is the draft of the ordinance generally acceptable as presented?
2) What change, if any, does the Commission wish to make to the percentage of the cost of
service to be collected.
FISCAL EFFECTS: Impact fees affect the City’s ability to finance infrastructure and continue
to support growth and public safety.
ALTERNATIVES: As suggested by the City Commission.
207
Report compiled on May 25, 2007
Commission Memorandum
CONTACT: Please feel free to email Chris Saunders at csaunders@bozeman.net if you have
questions prior to the public hearing on June 4th.
Respectfully submitted,
Andrew Epple, Planning Director
Chris Kukulski, City Manager
Attachments: Memo summarizing changes
Revised draft of Chapter 3.24 Impact Fees
208
planning • zoning • subdivision review • annexation • historic preservation • housing • grant administration • neighborhood
coordination
CITY OF BOZEMAN
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
Alfred M. Stiff Professional Building
20 East Olive Street
P.O. Box 1230
Bozeman, Montana 59771-1230
phone 406-582-2260
fax 406-582-2263
planning@bozeman.net
www.bozeman.net
MEMORANDUM
TO: BOZEMAN CITY COMMISSION
FROM: CHRIS SAUNDERS
DATE: JUNE 4, 2007
RE: REVISIONS TO CHAPTER 3.24, BMC – IMPACT FEES
The City needs to update Chapter 3.24, Impact Fees, Bozeman Municipal Code (BMC) to finalize
compliance with the recently adopted state law regarding impact fees and to implement the new water and
sewer impact fee studies. A copy of the draft revised chapter is attached with the changes shown with
strikeouts for deleted language and underlines shown for added language. The attached chapter is not in
formal ordinance adoption format with whereas clauses and signature blocks, rather it is presented as it
would read after adoption.
The Commission will consider this ordinance on June 4th. Any action to adopt will be coordinated with the
adoption of the fee studies so that changes are simultaneous. The Commission will consider the water and
sewer studies on July 23, 2007.
The following outline notes the location and type of revision presented. A “*” indicates a change
necessitated by changes to state law, a “#” indicates a change necessitated by the fee study update, and a
“@” indicates a change considered desirable to improved clarity or other local issue. In the draft all text
added is shown as underlined and all text removed is shown as struck through.
Substantive changes are:
1#) Update references to the water and wastewater fee studies throughout the document to include the
new studies.
2*) Include citations to the new state law sections addressing impact fees.
Section 3.24.040
3@) Amend definitions so that they incorporate current terms and are clarified.
Section 3.24.050
4@) Remove 80% limiter on the amount of the calculated fee to be collected.
Section 3.24.060
5@) Remove 80% limiter on the amount of the calculated fee to be collected.
Section 3.24.070 Water
6#) Amend applicability of water fee to include subsequent large demand adjustments consistent with
the large meter calculation alternative.
7@) Remove 80% limiter on the amount of the calculated fee to be collected.
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8#) Add the large meter alternative calculation option including future revisions for increase demand
and restructure existing options for greater clarity.
9@) Clarify exemptions terminology
10#) Include the fee amounts from the new study in Table 3.24.070
Section 3.24.080 Wastewater
11#) Amend applicability of wastewater fee to include subsequent large demand adjustments consistent
with the large meter/high strength calculation alternative.
12@) Remove 80% limiter on the amount of the calculated fee to be collected.
13#) Add the large meter alternative/high strength discharge calculation option including future revisions
for increase demand and restructure existing options for greater clarity.
14@) Clarify exemptions terminology
15#) Include the fee amounts from the new study in Table 3.24.080
Section 3.24.090 Refunds
16@) Clearly identify refund recipients to avoid uncertainty
Section 3.24.100 Credits
17@) Clarify applicability of credit request procedures and standard
Section 3.24.110 Miscellaneous Provisions
18*@) Revise administrative charges to include the percentage shown in the fee studies and to remove
charges for refunds.
19@) Update and clarify provision for appeals of administrative decisions.
20*) Provide for specific schedule for review and update of data and fee studies
21@) Revise inflation adjustment procedures.
210
p. 1
Draft Ordinance 1707
Chapter 3.24
IMPACT FEES
Sections:
3.24.010 Legislative Findings
3.24.020 Authority and Applicability
3.24.030 Intent
3.24.040 Definitions
3.24.050 Street Impact Fees
3.24.060 Fire Protection Impact Fees
3.24.070 Water Impact Fees
3.24.080 Wastewater Impact Fees
3.24.090 Refunds of Development Impact Fees Paid
3.24.100 Credits Against Development Impact Fees
3.24.110 Miscellaneous Provisions
3.24.010 Legislative Findings
The City Commission of the City of Bozeman, Montana finds that:
A. The protection of the health, safety, and general welfare of the citizens of the city requires
that the street, fire protection, water, and wastewater systems of the city be expanded and
improved to accommodate continuing growth within the city and within those areas
directly served by its Fire Department and within those areas connected to its water and
wastewater systems.
B. New residential and nonresidential development imposes increased and excessive
demands upon existing city facilities.
C. New development often overburdens existing public facilities, and the tax revenues
generated from new development often do not generate sufficient funds to provide public
facilities to serve the new development.
D. New development is expected to continue and will place ever-increasing demands on the
city to provide public facilities to serve new development.
E. The creation of an equitable development impact fee system would enable the City to
impose a proportionate share of the costs of required improvements to the city's street,
fire protection, water, and wastewater systems on those developments that create the need
for them.
F. All types of development that are not explicitly exempted from the provisions of this
chapter will generate demand for streets, fire protection, water, and wastewater services or
facilities that will require improvements to city facilities and equipment.
G. The street impact fee study, dated January 1996 and as updated, and the fire impact fee
studydated October 1995 and as updated, prepared by James Duncan and Associates, and
water and wastewater impact fee studies dated May 2007, prepared by HDR Engineering,
set forth reasonable methodologies and analyses for determining the impacts of various
types of development on the city's street, fire protection, water and wastewater systems
and for determining the cost of acquiring land and the cost of acquiring or constructing
facilities and equipment necessary to meet the demands for such services created by new
development.
Deleted: , and water and wastewater
impact fee study,
211
p. 2
H. The City establishes as city standards the assumptions and service standards referenced in
the impact fee studies as part of its current plans for the major street system and for the
city's fire protection, water, and wastewater systems.
I. The development impact fees described in this chapter are based on those impact fee
studies and do not exceed the costs of acquiring additional land and the costs of acquiring
or constructing additional facilities or equipment required to serve the new developments
that will pay the fees.
J. All of the street improvements listed in the street impact fee study will benefit all new
development in the city; and it is, therefore, appropriate to treat the entire city as a single
service area for purposes of calculating, collecting, and spending the street impact fees.
K. All of the fire protection improvements listed in the fire impact fee study will benefit all
new development that receives fire protection service directly from the City Fire
Department; and it is, therefore, appropriate to treat the entire city and all properties
served directly by the City Fire Department as a single service area for purposes of
calculating, collecting, and spending the fire protection impact fees.
L. All of the water system improvements listed in the water impact fee study will benefit all
new development that connects to the city water system; and it is, therefore, appropriate
to treat the entire city and all properties connected to the city water system as a single
service area for purposes of calculating, collecting, and spending the water impact fees.
M. All of the wastewater system improvements listed in the wastewater impact fee study will
benefit all new development that connects to the city wastewater system; and it is,
therefore, appropriate to treat the entire city and all properties connected to the city
wastewater system as a single service area for purposes of calculating, collecting, and
spending the wastewater impact fees.
N. There is both a rational nexus and a rough proportionality between the development
impacts created by each type of development covered by this chapter and the
development impact fees that such development will be required to pay.
O. This chapter creates a system by which development impact fees paid by new
developments will be used to expand or improve the city street, fire protection, water, and
wastewater systems in ways that benefit the development that paid each fee within a
reasonable period of time after the fee is paid.
P. This chapter creates a system under which development impact fees shall not be used to
cure existing deficiencies in public facilities.
3.24.020 Authority and Applicability
A. This chapter is enacted pursuant to the city's self-government powers, the authority
granted to the City by the Montana State Constitution, Sections 7-6-1601 through 7-6-
1604, and Sections 7-1- 4123, 7-1-4124, 7-3-4313, 7-7-4404, 7-7-4424, 7-13- 4304, and
69-7-101 of the Montana Code Annotated.
B. The provisions of this chapter shall apply to all of the territory within the limits of the
city.
C. The provisions of this chapter related to the fire protection impact fees shall also apply to
all properties located outside the city that are served directly by the City Fire Department.
D. The provisions of this chapter related to water impact fees shall also apply to all
properties located outside the city that are connected to the city water system.
E. The provisions of this chapter related to wastewater impact fees shall also apply to all
properties located outside the city that are connected to the city wastewater system.
3.24.030 Intent
Deleted: three
Deleted: three
Deleted: and wastewater
Deleted: water and
Deleted: general police
212
p. 3
A. This chapter is adopted to help implement the comprehensive plan of the city, the city's
1993 transportation plan update prepared by Robert Peccia & Associates, and as updated,
the September 2006 draft of the water facility plan prepared for the City by Allied
Engineering and Robert Peccia and Associates, and as updated, and the May 2006 draft
of the wastewater facility plan prepared for the City by HDR Engineering and Morrison-
Maierlie, Inc., and as updated.
B. The intent of this chapter is to ensure that new development bears a proportionate share
of the cost of improvements to the city street, fire protection, water, and wastewater
systems; to ensure that such proportionate share does not exceed the cost of the street,
fire protection, water, and wastewater facilities and equipment required to serve such new
developments; and to ensure that funds collected from new developments are actually
used to construct improvements to the city street, fire protection, water, and wastewater
systems that benefit such new developments.
C. It is the further intent of this chapter that new development pay for its fair share of public
facilities through the imposition of development impact fees that will be used to finance,
defray, or reimburse all or a portion of the costs incurred by the City to construct
improvements to the city street, fire protection, water, and wastewater systems that serve
or benefit such new development.
D. It is not the intent of this chapter to collect any money from any new development in
excess of the actual amount necessary to offset new demands for street, fire protection,
water, or wastewater improvements generated by that new development.
E. It is not the intent of this chapter that any monies collected from any development impact
fee and deposited in an impact fee fund ever be co-mingled with monies from a different
impact fee fund or ever be used for a type of facility or equipment different from that for
which the fee was paid.
3.24.040 Definitions
A. "Development" means any construction or expansion of a building, structure, or use, any
change in use of a building or structure, or any change in the use of land, which creates
additional demand for public services.
B. "Development impact fees" means the street impact fee, fire protection impact fee, water
impact fee, and wastewater impact fee established by this chapter.
C. "Development Impact Fees Review Committee" means the committee composed of the
Impact Fee Coordinator, the Building Official, the Director of Public Service, the Fire
Chief, and the Director of Planning and Community Development, or their designees
appointed to serve in the member's place at a meeting.
D. "Encumber" means to legally obligate by contract, or otherwise commit to use by
appropriation or other official act of the City.
E. "Impact Fee Capital Improvement Program" means the proposed capital improvements
program for the major street system, the city fire protection system, and the city water and
wastewater systems, which shall assign monies from each impact fee fund to specific
projects and related expenses for improvements to the type of facilities or services for
which the fees in that fund were paid.
F. "Impact fee funds" means the street impact fee fund, fire protection impact fee fund,
water impact fee fund, and wastewater impact fee fund established by this chapter.
G. "Impact fee studies" means the street impact fee study, dated January 1996 and as
updated, and the fire impact fee study, dated October 1995 and as updated, prepared by
James Duncan and Associates, and the water and wastewater impact fee studies dated May
2007, prepared by HDR Engineering.
Formatted: Font: Garamond, 12 pt
Formatted: Font: Garamond, 12 pt,Not Highlight
Formatted: Font: Garamond, 12 pt
Formatted: Font: Garamond, 12 pt,Not Highlight
Formatted: Font: Garamond, 12 pt
Deleted: May 1995
Deleted: HKM Associates
Deleted: January 1995
Deleted: HKM Associates
Deleted: the City-County
Deleted: Office
Deleted: and water and wastewater
impact fee study
213
p. 4
H. "Improvement" means planning, land acquisition, engineering design, construction
inspection, on-site construction, off-site construction, equipment purchases, and
financing costs associated with new or expanded facilities, buildings, and equipment that
expand the capacity of a facility or service system and that have an average useful life of at
least ten years. ”Improvement” does not include maintenance, operations, or
improvements that do not expand capacity.
I. "Independent fee calculation study" means a study prepared by an applicant for a building
permit or water or wastewater connection permit calculating the cost of expansions or
improvements to the city's street, fire protection, water, or wastewater systems required to
serve the applicant's proposed development; that is performed on an average cost (not
marginal cost) methodology; uses the service units and unit construction costs stated in
the impact fee studies; and is performed in compliance with any criteria for such studies
established by this chapter or by the City.
J. "Initiation of construction" means the date of the preconstruction meeting with the City
Engineer or his/her designee, or the date of the first visible change in the physical
condition of the improved site caused by the first person furnishing services or materials
to effect construction of the improvement, whichever occurs first.
K. "Project-related improvements" means site-related improvements including, without
limitation, all access streets adjacent to the proposed development or leading only to the
proposed development; all streets and driveways within the development; all acceleration,
deceleration, right, or left turn lanes leading to any streets and driveways within the
development; all traffic control devices for streets and driveways within the development;
all water lines or facilities adjacent to, leading to, or located within the development and
serving only the development; all wastewater lines or facilities adjacent to, leading to, or
located within and serving only the development; and all off-site improvements necessary
for the safety and code compliance of a development. Credit for incidental improvements
shall not be allowed. The presumption shall be made that the minimum improvement
needed to serve a project shall be deemed to be a project improvement even if additional
capacity is thereby created that may be potentially used by other developments presently
or in the future.
3.24.050 Street Impact Fees
A. Imposition of Street Impact Fees
1. On or after March 23, 1996, any person who seeks to obtain:
a. A building permit; or
b. Any other permit that will result in the construction of improvements
that will generate additional traffic; or
c. Any extension of any such permit that was issued before the effective
date of this chapter, is required to pay a street impact fee in the
amount specified in this chapter.
2. No permits of the types described in Subsection A of this section shall be issued
until the street impact fee described in this chapter has been paid, unless the
development for which the permit is sought is exempted by Subsection F of this
section.
B. Computation of Amount of Street Impact Fee
Deleted: ,
Deleted: but not including
214
p. 5
1. An applicant required by this chapter to pay a street impact fee may choose to
have the amount of such fee determined pursuant to either Subsection (B)(2) or
(B)(3) of this section. The amount of the fee calculated pursuant to either
Subsection (B)(2) or (B)(3) shall be subject to the following adjustment:
a. For the first expansion of an existing nonresidential building, the
amount calculated shall not include the amount calculated for the
expansion of up to thirty percent as compared with its size on
February 22, 1996, or two thousand square feet, whichever is less.
2. Unless an applicant requests that the City determine the amount of such fee
pursuant to Subsection (B)(3) of this section, the City shall determine the
amount of the required street impact fee by reference to Table 3.24.050. The
fee amounts set forth in such table include credits for expected future receipts
of state and federal highway funds and expected future receipts of gas tax
revenues applied to the street improvements required to serve new
development.
a. If the applicant's development is of a type not listed in Table 3.24.050,
then the City shall use the fee applicable to the most nearly
comparable type or land use in the table. In making a decision about
which use is most nearly comparable, the City shall be guided by the
most recent edition of "Trip Generation: An Information Report"
prepared by the Institute of Transportation Engineers; or if such
publication is no longer available, then by a similar publication. If the
City determines that there is no comparable type of land use listed in
the table, then a new fee shall be determined by:
1. Finding the most nearly comparable trip generation rate
from the above publication; and
2. Applying the formula set forth in Subsection (B)(3)(d) of this
section.
b. If the applicant's development includes a mix of those uses listed in
Table 3.24.050, then the fee shall be determined by adding up the fees
that would be payable for each use if it were a freestanding use
pursuant to Table 3.24.050.
c. If the applicant is applying for an extension of a permit issued
previously, then the fee shall be the net increase between the fee
applicable at the time of the current permit application and any street
impact fee previously paid pursuant to this chapter for the same
structure. In the event that the fee applicable at the time of the
current permit application is lower than the street impact fee
previously paid pursuant to this chapter for the same structure, there
shall be no refund of street impact fees previously paid.
d. If the applicant is applying for a permit to allow a change of use or the
expansion, redevelopment, or modification of an existing
development, the fee shall be based on the net positive increase in the
fee for the new use as compared to the previous use. If necessary to
determine such net increase, the City shall be guided by the most
Deleted: s
Deleted: b.Beginning May 18,
2005,until further amended, the fee shall be
eighty percent (80%) of the amount
calculated. ¶
215
p. 6
recent edition of "Trip Generation: An Information Report" prepared
by the Institute of Transportation Engineers; or if such publication is
no longer available, then by a similar publication. In the event that the
proposed change of use, expansion, redevelopment, or modification
results in a net decrease in the fee for the new use or development as
compared to the previous use or development, there shall be no
refund of street impact fees previously paid.
3. An applicant may request that the City determine the amount of the required
street impact fee by reference to an independent fee calculation study for the
applicant's development prepared by qualified professional traffic engineers
and/or economists at the applicant's cost and submitted to the City Engineer.
Any such study must show the traffic engineering and economic methodologies
and assumptions used, including, but not limited to, those forms of
documentation listed in Subsections (B)(3)(a) and (B)(3)(b) of this section and
must be acceptable to the City pursuant to Subsection (B)(3)(c) of this section.
a. Traffic engineering studies must include documentation of trip
generation rates, trip lengths, any percentage of trips from the site that
represent net additions to current trips from the site, the percentage of
trips that are new trips as opposed to pass-by or divert-link trips, and
any other trip data for the proposed land use.
b. Economic studies must include documentation of any special factors
that the applicant believes will reduce the traffic volumes otherwise
attributable to the proposed land use.
c. The City shall consider all such documentation and any independent
fee calculation study submitted by the applicant, but shall not be
required to accept any such study or documentation that the City
deems to be inaccurate or unreliable and may request that the
applicant submit additional or different documentation for
consideration. Any independent fee calculation study submitted by an
applicant may be accepted, rejected, or accepted with modifications by
the City as the basis for calculating street impact fees.
d. Upon acceptance, or acceptance with modifications, of an
independent fee calculation study and documentation, the City shall
use the following formulas to determine the street impact fee:
New Lane Miles = [(One Way Average Daily Trips ∗ Primary Trip
Factor ∗ Average Trip Length)/(6,000 Vehicles per Day per Lane)]
Cost = New Lane Miles ∗ $1,889,625.14 (from street impact fee study
with inflationary adjustments)
Street Impact Fee = Cost ∗ .448 (representing the same 55.2% credit
for expected state and federal highway funding and gas tax revenues
used to calculate the fees in Table 3.24.050)
where:
216
p. 7
"One way average daily trips" means one-half of the average
daily trip ends on a weekday; and
"Primary trip factor" means that percentage of average daily
trips to or from the development that are primary trips, as
opposed to pass-by or divert-link trips; and
"Average trip length" means the average distance per trip
traveled on public streets in the city.
C. Payment of Street Impact Fee
1. An applicant for any of the permits or extensions listed in Subsection (A)(1) of
this section shall pay the street impact fee required by this chapter to the City
prior to the issuance of any such permit.
2. All funds paid by an applicant pursuant to this chapter shall be identified as
street impact fees and shall be promptly deposited in the street impact fee fund
described in Subsection D of this section.
D. Street Impact Fee Funds
1. A single street impact fee fund is created and such fund shall be maintained in
an interest bearing account.
2. Such fund shall contain only those street impact fees collected pursuant to this
chapter and any interest which may accrue from time to time on such amounts.
E. Use of Street Impact Fee Funds. The monies in the street impact fee fund shall be used
only:
1 To acquire land for and/or acquire or construct any improvements to the major
street system anywhere within the city; or
2 To pay debt service on any portion of any current or future general obligation
bond issue or revenue bond issue used to finance improvements to the city's
major street system, including, without limitation, any such portions of the City's
1995 general obligation bond issue; or
3 As described in Sections 3.24.090 or 3.24.100(G).
F. Exemptions from Street Impact Fee
1. The following types of development shall be exempted from payment of the
street impact fee:
a. Alterations or expansions of existing buildings where the use is not
changed, no additional residential units are created, and no additional
vehicle trips will be produced over and above those produced by the
existing use;
b. Construction of accessory buildings or structures that will not produce
additional vehicle trips over and above those produced by the primary
building or land use;
c. The replacement of a destroyed or partially destroyed building or
structure with a new building or structure of the same size and use
where no additional vehicle trips will be produced over and above
those produced by the original building or structure;
217
p. 8
d. The installation or replacement of a mobile home on a lot or a mobile
home site when a street impact fee for such lot or site has previously
been paid pursuant to this chapter or where a mobile home legally
existed on such site on or prior to the effective date of this chapter;
e. Any other type of development for which the applicant can
demonstrate that the proposed land use and development will produce
no more vehicle trips from such site over and above the trips from
such site prior to the proposed development, or for which the
applicant can show that a street impact fee for such site has previously
been paid in an amount that equals or exceeds the street impact fee
that would be required by this chapter for such development.
2. Any such claim for exemption must be made no later than the time when the
applicant applies for the first permit or a type listed in Subsection (A)(1) of this
section for the proposed development, and any claim for exemption not made
at or before that time shall have been waived.
3. The City Manager or his designee shall determine the validity of any claim for
exemption pursuant to the criteria set forth in Subsection (F)(1) of this section.
TABLE 3.24.050
STREET IMPACT FEE SCHEDULE
TYPE OF DEVELOPMENT STREET IMPACT FEE
RESIDENTIAL
Single-Family Detached $1,745.64 per unit
Multi-Family Dwelling $1,183.17 per unit
Mobile Home $ 880.22 per unit
Hotel/Motel $1,588.74 per room
OFFICE PER 1,000 SQUARE FEET
General Office Building $3,034.39
Medical Office $5,516.18
COMMERCIAL PER 1,000 SQUARE FEET
Retail under 50,000 square feet $4,939.33
Retail between 50,000 and 99,999 square feet $5,194.93
Retail between 100,000 and 199,999 square feet $4,894.40
Retail between 200,000 and 299,999 square feet $4,510.99
Retail 300,000 square feet and over $4,254.39
Building Material/Lumber $2,921.46
Convenience Store $10,684.40
Discount Store $5,037.17
Drive-In Bank $7,680.07
Fast-Food Restaurant $9,151.78
Furniture Store $ 311.52
Movie Theater $5,587.32
New Car Sales $3,440.65
218
p. 9
STREET IMPACT FEE SCHEDULE
Nursery/Garden Center $2,590.97
Quality Restaurant $6,930.23
Others not specified $4,939.33
TYPE OF DEVELOPMENT STREET IMPACT FEE
INDUSTRIAL PER 1,000 SQUARE FEET
General Light Industrial $1,273.95
Manufacturing $ 704.57
Mini-Warehouse $ 478.59
Warehouse $ 891.07
INSTITUTIONAL PER 1,000 SQUARE FEET
Elementary School $ 148.02
High School $ 312.81
University $1,050.94
Day-Care Center $1,088.43
Hospital $1,920.30
Nursing Home $ 613.79
Church/Synagogue $1,066.72
RECREATION
Golf Course $6,068.78 per hole
Park $180.58 per acre
*Compiler's Note: The Street Impact Fees listed in this formula shall be adjusted annually as per
3.24.110.K.
3.24.060 Fire Protection Impact Fees
A. Imposition of Fire Protection Impact Fees
1. On or after March 23, 1996, any person who seeks to obtain:
a. A building permit; or
b. Any other permit that will result in construction that will generate
demand for fire protection services; or
c. Any extension of any such permit that was issued before the effective
date of this chapter, is required to pay a fire protection impact fee in
the amount specified in this chapter.
2. No permits of the types described in Subsection (A)(1) of this section shall be
issued until the fire protection impact fee described in this chapter has been
paid, unless the development for which the permit is sought is exempted by
Subsection F of this section.
B. Computation of Amount of Fire Protection Impact Fee
1. An applicant required by this chapter to pay a fire protection impact fee may
choose to have the amount of such fee determined pursuant to either
Subsection (B)(2) or (B)(3) of this section. The amount of the fee calculated
pursuant to either Subsection (B)(2) or (B)(3) of this section shall be subject to
the following adjustment: Deleted: s
219
p. 10
a. For the first expansion of an existing nonresidential building, the
amount calculated shall not include the amount calculated for the
expansion of up to thirty percent as compared with its size on
February 22, 1996, or two thousand square feet, whichever is less.
2. Unless an applicant requests that the City determine the amount of such fee
pursuant to Subsection (B)(3) of this section, the City shall determine the
amount of the required fire protection impact fee by reference to Table
3.24.060.
a. If the type of development that a permit is applied for is not listed in
Table 3.24.060, then the City shall use the fee applicable to the most
nearly comparable type or land use in the table.
b. If the type of development that a permit is applied for includes a mix
of those uses listed in Table 3.24.060, then the fee shall be determined
by adding up the fees that would be payable for each use if it were a
freestanding use pursuant to Table 3.24.060.
c. If the applicant is applying for an extension of a permit issued
previously, then the fee shall be the net increase between the fee
applicable at the time of the current permit application and any fire
protection impact fee previously paid pursuant to this chapter for the
same structure. In the event that the fee applicable at the time of the
current permit application is lower than the fire protection impact fee
previously paid pursuant to this chapter for the same structure, there
shall be no refund of fire protection impact fees previously paid.
d. If the applicant is applying for a permit to allow a change of use or for
the expansion, redevelopment, or modification of an existing
development, the fee shall be based on the net increase in the fee for
the new use as compared to the previous use. In the event that the
proposed change of use, expansion, redevelopment, or modification
results in a net decrease in the fee for the new use or development as
compared to the previous use or development, there shall be no
refund of fire protection impact fees previously paid.
3. An applicant may request that the City determine the amount of the required
fire protection impact fee by reference to an independent fee calculation study
for the applicant's development prepared at the applicant's cost by qualified
professional fire protection experts and/or economists and submitted to the
City Fire Chief. Any such study shall be based on the same service standards
and unit costs for fire protection used in the fire impact fee study prepared by
James Duncan and Associates dated October 1995 and as updated, and must
document the economic methodologies and assumptions used. Any
independent fee calculation study submitted by an applicant may be accepted,
rejected, or accepted with modifications by the City as the basis for calculating
fire protection impact fees. If such study is accepted or accepted with
modifications as a more accurate measure of the demand for new fire protection
facilities and equipment created by the applicant's proposed development than
the applicable fee shown in Table 3.24.060, then the fire protection impact fee
due under this chapter may be calculated according to such study.
C. Payment of Fire Protection Impact Fees
Deleted: b.Beginning May 18, 2005,
until further amended, the fee shall be eighty percent (80%) of the amount
calculated ¶
220
p. 11
1. An applicant required by this chapter to pay a fire protection impact fee shall
pay such fee to the City prior to the issuance of any of the permits listed in
Subsection (A)(1) of this section.
2. All funds paid by an applicant pursuant to this chapter shall be identified as fire
protection impact fees and shall be promptly deposited in the fire protection
impact fee fund described in Subsection D of this section.
D. Fire Protection Impact Fee Funds
1. A single fire protection impact fee fund is created and such fund shall be
maintained in an interest bearing account.
2. Such fund shall contain only those fire protection impact fees collected pursuant
to this chapter and any interest which may accrue from time to time on such
amounts.
E. Use of Fire Protection Impact Fee Funds. The monies in the fire protection impact fee
fund shall be used only:
1 To acquire or construct fire protection improvements within the city; or
2 To pay debt service on any portion of any future general obligation bond issue
or revenue bond issue used to finance the acquisition or construction of fire
protection improvements within the city; or
3 As described in Sections 3.24.090 or 3.24.100(G).
F. Exemptions from Fire Protection Impact Fee
1. The following types of development shall be exempted from payment of the fire
protection impact fee:
a. Reconstruction, expansion, or replacement of a previously existing
residential unit that does not create any additional residential units.
b. Construction of unoccupied accessory units related to a residential
unit.
c. Projects that the applicant can demonstrate will produce no greater
demand for fire protection from such land than existed prior to
issuance of such permit.
d. Projects for which a fire protection impact fee has previously been
paid in an amount that equals or exceeds the fire protection impact fee
that would be required by this chapter.
2. Any such claim for exemption must be made no later than the time when the
applicant applies for the first permit of a type listed in Subsection (A)(1) of this
section for the proposed development, and any claim for exemption not made
at or before that time shall have been waived.
3. The City Manager or his designee shall determine the validity of any claim for
exemption pursuant to the criteria set forth in Subsection (F)(1) of this section.
221
p. 12
Table 3.24.060
FIRE PROTECTION IMPACT FEE SCHEDULE TYPE OF DEVELOPMENT FIRE PROTECTION IMPACT FEE
RESIDENTIAL
Single-Family Detached $178.61 per unit
Single-Family Attached $149.99 per unit
Duplex $112.49 per unit
Multi-Family $ 81.90 per unit
Mobile Home $ 81.90 per unit
OFFICE/INSTITUTIONAL PER 1,000 SQUARE FEET
Under 10,000 square feet $ 90.79
Between 10,000 and 49,999 square feet $174.66
50,000 square feet and over $350.31
COMMERCIAL/HOTEL PER 1,000 SQUARE FEET
Under 10,000 square feet $174.66
Between 10,000 and 49,999 square feet $266.43
Between 50,000 and 99,999 square feet $441.10
100,000 square feet and over $524.97
INDUSTRIAL PER 1,000 SQUARE FEET
Under 10,000 square feet $174.66
Between 10,000 and 49,999 square feet $350.31
50,000 square feet and over $524.97
*Compiler's Note: The Fire Protection Impact Fees listed in this formula shall be adjusted annually as
per 3.24.110.K.
3.24.070 Water Impact Fees
A. Imposition of Water Impact Fees
1. On or after March 23, 1996, any person who seeks to obtain a permit for
connection to the city water system, or who is subject to subsection (B)(2)(b)
and applies for a city permit to expand or add to the structure served by a
previously approved water connection, or any extension of such a permit issued
before the effective date of this chapter, is required to pay a water impact fee in
the amount specified in this chapter.
2. No permits for connection to the city water system shall be issued until the
water impact fee described in this chapter has been paid, unless the
development for which the permit is sought is exempted by Subsection F of this
section.
B. Computation of Amount of Water Impact Fee
1. The City shall determine the amount of the required water impact fee by
reference to Table 3.24.070 unless the applicant chooses to submit an
individualized calculation pursuant to subsection (B)(2)(a) or the City determines
the application to be subject to subsection (B)(2)(b). If the applicant is applying
Deleted: 1.An applicant required by this chapter to pay a water impact fee may
choose to have the amount of such fee
determined pursuant to either Subsection
(B)(2) or (B)(3) of this section. The
amount of the fee calculated pursuant to
either Subsection (B)(2) or (B)(3) of this
section shall be subject to the following
adjustments:
Deleted: a.Beginning May 18, 2005,
until further amended, the fee shall be eighty percent (80%) of the amount
calculated. ¶
Deleted: 2
Deleted: Unless an applicant requests
that the City determine the amount of such
fee pursuant to Subsection (B)(3) of this
section, the
222
p. 13
for a replacement for a water connection permit issued previously, then the fee
shall be the net positive difference between the fee applicable at the time of the
current permit application and any water impact fee previously paid pursuant to
this chapter for the same structure. In the event that the fee applicable at the
time of the replacement permit application is lower than the water impact fee
previously paid pursuant to this chapter for the same structure, there shall be no
refund of water impact fees previously paid.
3. Individualized Calculations.
a. An applicant may request that the City determine the amount of the
required water impact fee by reference to an independent fee calculation
study for the applicant's development prepared at the applicant's cost by a
professional engineer and/or economist and submitted to the City Public
Service Director. Any such study shall be based on the same service
standards and unit costs used in the water impact fee study prepared by
HDR Engineering dated May 2007, and as updated, and must document
the economic methodologies and assumptions used. Any independent fee
calculation study submitted by an applicant may be accepted, rejected, or
accepted with modifications by the City as the basis for calculating water
impact fees. If such study is accepted, or accepted with modifications, as a
more accurate measure of the demand for new water facilities created by
the applicant's proposed development than the applicable fee shown in
Table 3.24.070, then the water impact fee due under this chapter may be
calculated according to such study.
b. The City may identify a user as having extraordinary demands for water
service which are not accurately represented by the average usage which
was relied upon by the methodology which generated Table 3.24.070. In
this circumstance the City shall prepare a customized calculation based
upon the Large Meter calculation methodology in Exhibit 6 of the Water
Impact Fee study. The impact fee paid for water meters larger than 3 inches
as of the effective date of this ordinance may be adjusted based on actual
usage. If usage is greater than 110% of anticipated volume during the 12
month period of time beginning 6 months after building occupancy is
granted by the City, an additional impact fee may be charged, using the
same techniques for calculating peak day and storage EDUs and
multiplying by the peak day impact fee cost per EDU and the storage
impact fee cost per EDU then in effect. The additional impact fee is the
positive net between a previously calculated impact fee and the impact fee
based upon the metered demand.
C. Payment of Water Impact Fee
1. An applicant required by this chapter to pay a water impact fee shall pay such
fee to the City prior to the issuance of a water connection permit.
2. All funds paid by an applicant pursuant to this chapter shall be identified as
water impact fees and shall be promptly deposited in the water impact fee fund
described in Subsection D of this section.
D. Water Impact Fee Funds
1. A single water impact fee fund is created and such fund shall be maintained in
an interest bearing account.
Formatted: Font: Garamond, 12 pt,Underline
Formatted: Indent: Left: 64.8 pt
Formatted: Indent: Left: 64.8 pt,Hanging: 21.6 pt, Right: 43.2 pt,Tabs: 85.5 pt, Left
Formatted: Not Highlight
Formatted: Not Highlight
Formatted: Indent: Left: 64.8 pt
Deleted: and wastewater
Deleted: James Duncan and Associates
Deleted: October 1995
223
p. 14
2. Such fund shall contain only those water impact fees collected pursuant to this
chapter and any interest which may accrue from time to time on such amounts.
E. Use of Water Impact Fee Funds. The monies in the water impact fee fund shall be used
only:
1. To acquire or construct improvements to the city water system; or
2. To pay debt service on any portion of any future general obligation bond issue
or revenue bond issue used to finance improvements to the city water system; or
3. As described in Sections 3.24.090 or 3.24.100(G).
F. Exemptions from Water Impact Fees
1. The following types of development shall be exempted from payment of the
water impact fee:
a. Alteration or expansion of an existing building that does not require
an additional or larger water meter;
b. Replacement of a building or structure of the same size that does not
require an additional or larger water meter;
c. The location of mobile home on a site for which a water impact fee
was previously paid, and that does not require an additional or larger
water meter.
2. The installation of fire lines for fire protection shall be exempted from payment
of the water impact fee.
3. Any such claim for exemption must be made no later than the time when the
applicant applies for the first permit of a type listed in Subsection (A)(1) of this
section for the proposed development, and any claim for exemption not made
at or before that time shall have been waived.
4. The City Manager or his designee shall determine the validity of any claims for
exemption pursuant to the criteria set forth in Subsections (F)(1) and (F)(2) of
this section.
Table 3.24.070
WATER IMPACT FEE SCHEDULE*
SIZE OF WATER METER COST PER METER
3/4 inch $ 3,555
1 inch $ 8,888
1 ½ inch $ 17,775
2 inch $ 28,440
3 inch $ 56,880
4 inch or greater calculated
*Compiler's Note: The Cost Per Meter Fees listed in this formula shall be adjusted annually as per
3.24.110.K.
Deleted: tap
Deleted: tap
Deleted: tap
Deleted: 2,103.84
Deleted: 5,259.61
Deleted: 10,519.22
Deleted: 16.830.75
Deleted: 33,661.50
Deleted: $ 52,596.10
Deleted: 6 inch
Deleted: $105,192.20
Deleted: 8 inch
Deleted: $168,307.52
224
p. 15
3.24.080 Wastewater Impact Fees
A. Imposition of Wastewater Impact Fees
1. On or after March 23, 1996, any person who seeks to obtain a permit for
connection to the city wastewater system, or who is subject to subsection
(B)(2)(b) and applies for a city permit to expand or add to the structure served
by a previously approved water connection, or any extension of such a permit
issued before the effective date of this chapter is required to pay a wastewater
impact fee in the amount specified in this chapter.
2. No permits for connection to the city wastewater system shall be issued until the
wastewater impact fee described in this chapter has been paid, unless the
development for which the permit is sought is exempted by Subsection F of this
section.
B. Computation of Amount of Wastewater Impact Fee
1. The City shall determine the amount of the required wastewater impact fee by
reference to Table 3.24.080 070 unless the applicant chooses to submit an
individualized calculation pursuant to subsection (B)(2)(a) or the City determines
the application to be subject to subsection (B)(2)(b). If the applicant is applying
for a replacement for a wastewater connection permit issued previously, then
the fee shall be the net positive difference between the fee applicable at the time
of the current permit application and any wastewater impact fee previously paid
pursuant to this chapter for the same structure. In the event that the fee
applicable at the time of the replacement permit application is lower than the
wastewater impact fee previously paid pursuant to this chapter for the same
structure, there shall be no refund of wastewater impact fees previously paid.
2. Individualized Calculations.
a. An applicant may request that the City determine the amount of the
required wastewater impact fee by reference to an independent fee
calculation study for the applicant's development prepared at the applicant's
cost by a professional engineer and/or economist and submitted to the City
Public Service Director. Any such study shall be based on the same service
standards and unit costs used in the wastewater impact fee study prepared
by HDR Engineering dated May 2007, and as updated, and must
document the economic methodologies and assumptions used. Any
independent fee calculation study submitted by an applicant may be
accepted, rejected, or modified by the City as the basis for calculating
wastewater impact fees. If such study is accepted or accepted with
modifications as a more accurate measure of the demand for new
wastewater facilities created by the applicant's proposed development than
the applicable fee shown in Table 3.24.080, then the wastewater impact fees
due under this chapter shall be calculated according to such study.
b. The City may identify a user as having extraordinary demands for
wastewater service which are not accurately represented by the average
usage which was relied upon by the methodology which generated Table
3.24.080. In this circumstance the City shall prepare a customized
calculation based upon the methodology in the Water Impact Fee study.
When applicable an adjustment for high strength discharge will be applied.
The impact fee paid for water meters larger than 3 inches as of the effective
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Underline
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Deleted: 1.An applicant required by
this chapter to pay a wastewater impact fee
may choose to have the amount of such fee
determined pursuant to either Subsection
(B)(2) or (B)(3) of this section. The
amount of the fee calculated pursuant to either Subsection (B)(2) or (B)(3) of this
section shall be subject to the following adjustments: ¶
¶
Beginning May 18, 2005, until further
amended, the fee shall be eighty percent
(80%) of the amount calculated.
Deleted: 2
Deleted: Unless an applicant requests that the City determine the amount of such
fee pursuant to Subsection (B)(3) of this section, the
Deleted: 3
Deleted: water and
Deleted: James Duncan and Associates
Deleted: October 1995
225
p. 16
date of this ordinance may be adjusted based on actual usage. If usage is
greater than 110% of anticipated volume during the 12 month period of
time beginning 6 months after building occupancy is granted by the City, an
additional impact fee may be charged, using the same techniques for
calculating treatment and collection in EDUs and multiplying by the impact
fee cost per EDU. The additional impact fee is the positive net between a
previously calculated impact fee and the impact fee based upon the metered
demand.
C. Payment of Wastewater Impact Fee
1. An applicant required by this chapter to pay a wastewater impact fee shall pay
such fee to the City prior to the issuance of a wastewater connection permit.
2. All funds paid by an applicant paid pursuant to this chapter shall be identified as
wastewater impact fees and shall be promptly deposited in the wastewater
impact fee fund described in Subsection D of this section.
D. Wastewater Impact Fee Funds
1. A single wastewater impact fee fund is created and such fund shall be
maintained in an interest bearing account.
2. Such fund shall contain only those wastewater impact fees collected pursuant to
this chapter and any interest which may accrue from time to time on such
amounts.
E. Use of Wastewater Impact Fee Funds. The monies in the wastewater impact fee fund
shall be used only:
1. To acquire or construct improvements to the city wastewater system; or
2. To pay debt service on any portion of any future general obligation bond issue
or revenue bond issue used to finance improvements to the city wastewater
system; or
3. As described in Section 3.24.090 or Section 3.24.100(G).
F. Exemptions from Wastewater Impact Fees
1. The following types of development shall be exempted from payment of the
wastewater impact fee:
a. Alteration or expansion of an existing building that does not require
an additional or larger watermeter;
b. Replacement of a building or structure of the same size that does not
require an additional or larger water meter;
c. The location of mobile home on a site for which a wastewater impact
fee was previously paid and that does not require an additional or
larger water meter;
2. Any such claim for exemption must be made no later than the time when the
applicant applies for the first permit of a type listed in Subsection (A)(1) of this
section for the proposed development, and any claim for exemption not made
at or before that time shall have been waived.
3. The City Manager or his designee shall determine the validity of any claim for
exemption pursuant to the criteria set forth in Subsection (F)(1) of this section.
Table 3.24.080
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p. 17
WASTEWATER IMPACT FEE SCHEDULE
SIZE OF WATER METER COST PER METER*
3/4 inch $ 2,955
1 inch $ 7,390
1 ½ inch $ 14,775
2 inch $ 23,640
3 inch $ 47,280
4 inch or greater calculated
*Compiler's Note: The Cost Per Meter Fees listed in this formula shall be adjusted annually as per
3.24.110.K.
3.24.090 Refunds of Development Impact Fees Paid
Refunds of development impact fees shall be made only in the following instances and in the
following manner:
A. Upon application to the Impact Fee Coordinator by the applicant, the City shall refund
the development impact fee paid if capacity is available and service is denied.
B.
1. Upon application to the Impact Fee Coordinator by the applicant, the City shall
refund the development impact fee paid and not expended or encumbered if the
City, after collecting the fee when service is not available, has failed to encumber
the fee or commence construction within ten years from the date the
development impact fee was paid. In determining whether development impact
fees have been expended or encumbered, fees shall be considered encumbered
on a first-in, first-out (FIFO) basis.
2. When the right to a refund exists due to a failure to encumber development
impact fees, the City shall provide written notice of entitlement to a refund to
the applicant who paid the development impact fee at the address shown on the
application for development approval, or to an applicant's successor in interest
who has given the City notice of the transfer or assignment of the right or
entitlement to a refund and who has provided the City with a mailing address.
The City shall also publish such notice within thirty days after the expiration of
the ten year period from the date development impact fee was paid. The
published notice shall contain the heading "Notice of Entitlement to
Development Impact Fee Refund."
C. If an applicant has paid a development impact fee required by this chapter and has
obtained any of the types of permits or extensions listed in Sections 3.24.050 (A)(1),
3.24.060 (A)(1), 3.24.070 (A)(1), or 3.24.080(A)(1), and the permit or extension for which
the fee was paid later expires without the possibility of further extension, then the
applicant who paid such fee shall be entitled to a refund of the fee paid, without interest.
In order to be eligible to receive such refund, the applicant who paid such fee shall be
required to submit an application for such refund within thirty days after the expiration of
the permit or extension for which the fee was paid.
Deleted: 5/8 or
Deleted: 2,649.05
Deleted: 6,623.12
Deleted: 1 1/4 inch
Deleted: $ 9,272.17
Deleted: 13,245.26
Deleted: SIZE OF WATER METER
Deleted: COST PER METER
Deleted: 21,192.41
Deleted: 42,384.83
Deleted: $ 66,226.29
Deleted: 6 inch
Deleted: $132,452.59
Deleted: 8 inch
Deleted: $211,924.14
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p. 18
D. A refund application shall be made to the Impact Fee Coordinator within one year from
the date such refund becomes payable under Subsections A and B of this section, or
within one year from the date of publication of the notice of entitlement of a refund
under Subsection B of this section, whichever is later. Any refund not applied for within
said time period shall be deemed waived.
E. A refund application shall include information and documentation sufficient to permit the
Impact Fee Coordinator to determine whether the refund claimed is proper and, if so, the
amount of such refund.
F. A refund shall include a pro rata share of interest actually earned on the unused or excess
development impact fee paid.
G. All refunds shall be paid within sixty days after the Impact Fee Coordinator determines
that such refund is due. (Ord. 1418 § 7, 1996; Ord. 1414 § 1 (part), 1996)
H. Any refund accruing after an occupancy permit for a structure is granted or water or
sewer connection is made shall be made to the record owner of property as of the date
the refund was approved by the City.
3.24.100 Credits Against Development Impact Fees
A. After the effective date of this chapter, mandatory or voluntary land or easement
dedications for street, fire protection, water, or wastewater improvements, and
mandatory or voluntary acquisition or construction of improvements to the major street
system or the city fire protection, water, or wastewater systems by an applicant in
connection with a proposed development may result in a pro rata credit against the
development impact fee for the same type of service or facility otherwise due for such
development, except that no such credit shall be awarded for:
1. Projects or land dedications not listed on the impact fee capital improvements
program; or
2. Land dedications for, or acquisition or construction of, project-related
improvements as defined in Section 3.24.040(G) or Section 3.24.040; or
3. Any voluntary land or easement dedications not accepted by the City; or
4. Any voluntary acquisition or construction of improvements not approved in
writing by the City prior to commencement of the acquisition or construction.
B. In order to obtain a credit against development impact fees otherwise due, an applicant
must submit a written offer to dedicate to the City specific parcels of qualifying land or
easements, or to acquire or construct specific improvements to the major street system or
the City fire protection, water, or wastewater systems in accordance with all applicable
State or City design and construction standards, and must specifically request a credit
against such development impact fees. Such written request must be made on a form
provided by the City, must contain a statement under oath of the facts that qualify the
applicant to receive a credit, must be accompanied by documents evidencing those facts,
and must be approved not later than the initiation of construction of improvements or
the acceptance by the City of land dedications, or the applicant's claim for the credit shall
be waived. The granting of credit shall be approved by the City Commission.
C. The credit due to an applicant shall be calculated and documented as follows:
1. Credit for qualifying land or easement dedications shall, at the applicant's
option, be valued at:
a. One hundred percent of the most recent assessed value for such land
as shown in the records of the City Assessor; or
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p. 19
b. That fair market value established by a private appraiser acceptable to
the City in an appraisal paid for by the applicant.
2. In order to receive credit for qualifying acquisition or construction of street, fire
protection, water, or wastewater improvements, the applicant shall submit
complete engineering drawings, specifications, and construction cost estimates
to the City. The City shall determine the amount of credit due based on the
information submitted, or, if it determines that such information is inaccurate or
unreliable, then on alternative engineering or construction costs acceptable to
the City.
D. Approved credits shall become effective at the following times:
1. Approved credit for land or easement dedications shall become effective when
the land has been conveyed to the City in a form acceptable to the City, and at
no cost to the City, and has been accepted by the City Commission. When such
conditions have been met, the City shall note that fact in the credit record
maintained by the City Finance Department. Upon request of the credit holder,
the City shall send the credit holder a letter stating the credit balance available to
him (or her).
2. Approved credits for the acquisition or construction of street, fire protection,
water, or wastewater improvements shall generally become effective when:
a. All required construction has been completed and has been accepted
by the City; and
b. A suitable maintenance and warranty bond has been received and
approved by the City; and
c. All design, construction, inspection, testing, bonding, and acceptance
procedures have been completed in compliance with all applicable City
and State procedures.
However, approved credits for the construction of improvements may become
effective at an earlier date if the applicant posts security in the form of a performance
bond, irrevocable letter of credit, or escrow agreement, and the amount and terms of
such security are accepted by the City. At a minimum, such security must be in the
amount of the approved credit or an amount determined to be adequate to allow the
City to construct the improvements for which the credit was given, whichever is
higher. When such conditions have been met, the City shall note that fact in the
credit record maintained by the City Finance Department. Upon request of the
credit holder, the City shall also send the credit holder a letter stating the credit
balance available to him (or her).
E. Approved credits may be used to reduce the amount of development impact fees due
from any proposed development for the same type of service or facility for which the
applicant dedicated land or acquired or constructed improvements until the amount of the
credit is exhausted. Each time a request to use credit from a mandatory or voluntary
dedication, acquisition, or construction is presented to the City, the City shall reduce the
amount of the development impact fee of the same type otherwise due from the applicant
and shall note in the city records the amount of credit remaining, if any. In the case of a
mandatory dedication, acquisition, or construction, any credit in excess of the amount of
the development impact fee otherwise due under this chapter shall be deemed excess
credit that is remaining and available for use by the applicant. In the case of a voluntary
229
p. 20
dedication, acquisition, or construction, any credit in excess of the amount of the
development impact fee of the same type and applicable to the project, as shown in
Tables 3.24.050, 3.24.060, 3.24.070, or 3.24.080, shall be deemed excess credit that is
remaining and available for use by the applicant. Upon request of the credit holder, the
City shall also send the credit holder a letter stating the amount of credit remaining to him
(or her).
F. Approved credit shall only be used to reduce the amount of development impact fees of
the same type otherwise due under this chapter and shall not be paid to the applicant in
cash or in credit against any development impact fees for a different type of facility or
service or against any other monies due from the applicant to the City, except as described
in Subsection G of this section.
G. If the amount of approved credit for a mandatory dedication, acquisition, or construction
exceeds the amount of the development impact fees of the same type otherwise due
under this chapter, the applicant may request in writing that the City provide for
reimbursement of any excess credit to the applicant in cash. Such written request must be
approvednot later than the initiation of construction of improvements, or the acceptance
by the City of land dedications, or the applicant's claim shall be waived. Upon receipt of
such a written request, the City may, at its discretion:
1. Arrange for the reimbursement of such excess credit from the impact fee fund
for the same type of service or facility from development impact fees paid by
others;
2 . Arrange for the reimbursement of such excess credit through the issuance of a
promissory note payable in not more than ten years and bearing interest equal to
the interest rate paid by the City for its long-term debt; or
3. Reject the request for cash and provide credit. Such excess credit shall be
valued at one hundred percent of actual developer costs for the excess
improvements, or at the actual appraised value of such excess improvements, at
the City's option.
H. Credit may be transferred from one holder to another by any written instrument clearly
identifying the credit issued under Subsection C of this section that is to be transferred,
provided that such instrument is signed by both the transferror and transferee, and that
the document is delivered to the City for registration of the change in ownership.
I. In the event that land is annexed into the city from Gallatin County after the effective
date of this chapter, and that road or fire impact fees have been previously paid to the
County at the time of subdivision or minor subdivision of such land, an applicant
proposing a development on the land may request in writing a credit against the street
impact fee equal to the amount of any road impact fee paid to the County for the same
land and may also request a credit against the fire protection impact fee equal to the
amount of any fire protection impact fee paid to the County for the same land. Such
written request must be filed not later than the time when an applicant applies for the first
permit of a type listed in Sections 3.24.050(A)(1) or 3.24.060(A)(1) that creates an
obligation to pay the type of development impact fee against which the credit is requested,
or the applicant's claim shall be waived.
3.24.110 Miscellaneous Provisions
A. Interest earned on monies in any impact fee fund shall be considered part of such fund
and shall be subject to the same restrictions on use applicable to the impact fees deposited
in such fund.
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Deleted:
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p. 21
B. No monies from any impact fee fund shall be spent for periodic or routine maintenance
of any facility of any type or to cure deficiencies in public facilities existing on the
effective date of this chapter.
C. Nothing in this chapter shall restrict the City from requiring an applicant to construct
reasonable project improvements required to serve the applicant's project, whether or not
such improvements are of a type for which credit is available under Section 3.24.100.
D. The City shall maintain accurate records of the development impact fees paid, including
the name of the person paying such fees, the project for which the fees were paid, the
date of payment of each fee, the amounts received in payment for each fee, and any other
matters that the City deems appropriate or necessary to the accurate accounting of such
fees, and such records shall be available for review by the public during city business
hours.
E. At least once during each fiscal year of the City, the City Administrative Services Director
shall present to the City Commission a proposed capital improvements program for the
major street system, fire protection system, water system, and wastewater system, and
such capital improvements program shall assign monies from each impact fee fund to
specific projects and related expenses for improvements to the type of facilities or services
for which the fees in that fund were paid. Any monies, including any accrued interest, not
assigned to specific projects within such capital improvements program and not expended
pursuant to Sections 3.24.090 or 3.24.100(G) shall be retained in the same impact fee fund
until the next fiscal year. The Impact Fee Capital Improvements Program shall be
adopted by the City Commission as a supplemental document to the city budget. The
Impact Fee Capital Improvements Program shall anticipate project expenditures and fund
revenues for a five year period. The individual fee funds shall maintain a positive fiscal
balance. The program may be amended by a majority vote of the City Commission. The
City Manager shall adopt and revise, as needed, an administrative impact fee manual to
carry out the purposes of this chapter.
F. The City shall be entitled to retain not more than five percent of the development impact
fees collected as payment for the expenses of collecting the fee and administering this
chapter. G. If a development impact fee has been calculated and paid based on a
mistake or misrepresentation, it shall be recalculated. Any amounts overpaid by an
applicant shall be refunded by the City to the applicant within thirty days after the City's
acceptance of the recalculated amount, with interest at the rate of five percent per annum
since the date of such overpayment. Any amounts underpaid by the applicant shall be
paid to the City within thirty days after the City's acceptance of the recalculated amount,
with interest at the rate of five percent per annum since the date of such underpayment.
In the event the underpayment is caused by an error attributed solely to the City, the
applicant shall pay the recalculated amount without interest. In the case of an
underpayment to the City, the City shall not issue any additional permits or approvals for
the project for which the development impact fee was previously paid until such
underpayment is corrected; and if amounts owed to the City are not paid within such
thirty day period, the City may also repeal any permits issued in reliance on the previous
payment of such development impact fee and refund such fee to the then current owner
of the land.
H. In order to promote the economic development of the city and the provision of
affordable housing in the city, the City Commission may agree to pay some or all of the
development impact fees imposed on a proposed development by this chapter from other
funds of the city that are not restricted to other uses. Any such decision to pay
development impact fees on behalf of an applicant shall be at the discretion of the City
Formatted: Font: Garamond, 12 pt
Deleted: the city
Deleted: and the city
Deleted: s
Deleted: two
Deleted: In the case of refunds of
development impact fees under Section
3.24.090 (B), the City shall be entitled to retain not more than an additional two
percent of the development impact fee payment made by the applicant as payment
for the expenses of processing the reimbursement request.¶
231
p. 22
Commission and shall be made pursuant to goals and objectives previously adopted by
the City Commission to promote economic development and/or affordable housing.
I. Any determination made by any official of the city charged with the administration of any
part of this chapter may be appealed to the Development Impact Fees Review Committee
by filing:
1. A written notice of appeal on a form provided by the City;
2. A written explanation of why the appellant feels that a determination was in
error; and
3. An appeal fee of five hundred dollars with the Impact Fee Coordinator within
ten working days after the determination for which the appeal is being filed.
The Development Impact Fees Review Committee shall meet to review the
appeal within thirty working days of the date the written appeal was presented to the
Impact Fee Coordinator. If the appellant is dissatisfied with the decision of the
Development Impact Fees Review Committee, the appellant may appeal the decision
to the City Commission by filing a written request with the City Clerk within ten
working days of the Committee's decision. At the regular meeting following the
filing of the appeal, the City Commission shall fix a time and place for hearing the
appeal; and the City Clerk shall mail notice of the hearing to the appellant at the
address given in the notice of appeal. The hearing shall be conducted at the time and
place stated in such notice given by the City Commission. The determination of the
City Commission shall be final. If the City Commission concludes that all or part of
a determination made by an official of the city charged with the administration of any
part of this chapter was in error, then the appeal fee described above shall be
returned to the appellant.
J. Updating of impact fee information.
1. The development impact fees described in this chapter and the administrative
procedures and manual of this chapter shall be updated at least once every three
fiscal years.
2. The facility plans described in this chapter shall be reviewed by the City at least once
every five years and if a revision of a facility plan to address changed conditions is
deemed necessary, by the City, the plan shall be updated.
3. The purpose of the review and updating of impact fee related documentation is to
ensure that:
a The demand and cost assumptions underlying such fees are still valid;
b. The resulting fees do not exceed the actual cost of constructing improvements
that are of the type for which the fee was paid and that are required to serve
new development;
c. The monies collected or to be collected in each impact fee fund have been, and
are expected to be, spent for improvements of the type for which such fees
were paid; and
d. That such improvements will benefit those developments for which the fees
were paid.
K. The development impact fees shown in Tables 3.24.050, 3.24.060, 3.24.070, and 3.24.080
shall be adjusted annually to reflect the effects of inflation on those costs for
improvements set forth in the impact fee studies. Beginning on January 1, 1999, and on
Formatted: Indent: Left: 43.2 pt
Deleted: one hundred eighty
Deleted: business
Deleted: of the Commission
Deleted: business
Deleted: of the Commission
Deleted: 1.
Deleted: 2
Deleted: 3
Deleted: 4
232
p. 23
January 1st of each following year unless and until the fees in Tables 3.24.050, 3.24.070,
and/or 3.24.080 are revised or replaced, and then beginning in the subsequent calendar
year, each fee amount set forth in each such table shall be adjusted by multiplying such
amount by one(1) plus the value of the Construction Cost Index published in the first
December edition of the current year. – Source: Engineering News Record. Beginning on
January 1, 1999, and on January 1st of each following year unless and until the fees in
Tables 3.24.060 is revised or replaced, and then beginning in the subsequent calendar
year, the fee amount set forth the table shall be adjusted by multiplying such amount by
one (1) plus the value of the Building Cost Index published in the first December edition
of the current year. – Source: Engineering News Record. Such adjustments in such fees
shall become effective immediately upon calculation by the City and shall not require
additional action by the City Commission to be effective.
L. Violation of this chapter shall be a misdemeanor and shall be subject to those remedies
provided in Bozeman Municipal Code Section 1.16.010. Knowingly furnishing false
information to any official of the city charged with the administration of this chapter on
any matter relating to the administration of this chapter, including without limitation the
furnishing of false information regarding the expected size, use, or traffic impacts from a
proposed development, shall be a violation of this chapter. In addition to, or in lieu of,
any criminal prosecution, the City or any applicant for a permit of the types described in
Sections 3.24.050(A)(1), 3.24.060(A)(1), 3.24.070(A)(1), or 3.24.080(A)(1) shall have the
right to sue in civil court to enforce the provisions of this chapter.
M. The section titles used in this chapter are for convenience only and shall not effect the
interpretation of any portion of the text of this chapter.
N. Any judicial action or proceeding to attack, review, set aside, or annul the reasonableness,
legality, or validity of any development impact fee must be filed and service of process
effected within ninety days following the date of imposition of the fee or the final
determination of the City Commission, whichever is the later.
Deleted: 3.24.060,
Deleted: a fraction, the numerator of which is the United States Consumer Price
Index for all Urban Consumers for All Items
Deleted: U.S. Department of Labor,
Bureau of Labor Statistics for the area for
the most recent period for which figures
are available, and the denominator of
which is Consumer Price Index for All
Items for the same area for the period one
year prior to the period reflected in the
numerator
Deleted: .
233
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Cynthia Jordan Delaney, Deputy City Clerk
Chris A. Kukulski, City Manager
SUBJECT: Community Alcohol Coalition Appointments
MEETING DATE: June 4, 2007
RECOMMENDATION: Make appointments to fill up to two vacancies. For the position of
Non-Hospitality Local Business Representative, appoint a person not only to complete the
current term that expires on 6/30/2007 (for a person who resigned), but also to begin the three
year term that expires on 6/30/2010.
BACKGROUND: The Community Alcohol Coalition was created under Commission
Resolution No. 3611, based on a recommendation from the Bozeman Alcohol Policy Advisory
Council. The Coalition shall consist of 15 members to be appointed by the City Commission. A
majority of the members shall be residents of the city. Members shall be appointed so that the
membership shall be as follows:
3 Hospitality Industry Representatives,
2 Members of Law Enforcement, one from the Bozeman Police Department and the other from
the Sheriff's Office, Montana Highway Patrol, or Montana State University,
2 Prevention Specialists,
1 MSU Student,
1 MSU Faculty or Staff Member,
1 Bozeman High School Student,
1 Bozeman School District Representative,
1 Medical Community Representative,
1 Non-Hospitality Local Business Representative,
1 Neighborhood Association Representative, and
1 Interested Citizen (who may or may not qualify in another capacity).
Except for students, members shall serve 3-year staggered terms unless otherwise specifically
noted, with terms to expire on June 30.
The Community Alcohol Coalition currently has five vacancies. These applicants are qualified to
fill the following vacancies:
234
Applicants:
Ellie Staley, Non-Hospitality Local Business Representative, term expires on 6/30/2007
Becky Johnson, Prevention Specialist, term expires on 6/30/2008
The following three vacancies have no qualified applicants at this time:
Bozeman High School Student
Medical Community Representative
Hospitality Industry Representative
ALTERNATIVES: As suggested by the City Commission.
Respectfully submitted,
___________________________________ ___________________________________
Cynthia Jordan Delaney, Deputy City Clerk Chris A. Kukulski, City Manager
Attachments: Board Applications
235
Page 10f2
Cynthia Delaney
From Agenda
Sent Thursday May 17 20077 47 AM
To Cynthia Delaney
Subject FW Community Alcohol Coalition Application
FYI
From Ellie Staley mailto ellie@historicbozeman com
Sent Wednesday May 16 2007 11 59 AM
To Agenda
Subject Community Alcohol Coalition Application
Fill out the following information and click send to apply for this board
Name Ellie Staley
Physical Address 224 East Main St
Mailing Address if different
Email ellie@historicbozeman com
Phone 406 586 4008
Length of time in the Bozeman 8 years
Occupation Program Director
Employer Downtown Bozeman Partnership
Have you ever served on a City or County board
if so where what board and how long Yes TIF and BID employee representative
Applicants should note if they are one or more of the following
hospitality industry representative
member of law enforcement
prevention specialist
MSU Bozeman student
MSU Bozeman staff or faculty member
Bozeman High student
Bozeman School District representative
Emergency Room physician
local business person who is not in the hospitality industry Yes
neighborhood association representative and Yes
interested citizen who mayor may not qualify in another capacity
Please explain your relevant qualifications interests and experiences Music on Mainl X mas Stroll Coordinator
References Individual or Organization Please include name and phone for three references Chris Pope 556
5005 Marty Kent 582 2014 Jenny Haubenreiser 994 2337
524 2007 236
Page 2 of 2
I understand that sending this email is the same as signing my name yes no Yes
No virus found in this outgoing message
Checked hy AVG Free Edition
Version 7 5467 Virus Database 269 7 1805 Release Date 515 2007 1047 AM
5 2412007 237
f 2po7
CITY OF BOlEMAN MONTANA
APPLICATION FOR THE COMMUNITY ALCOHOL COALITION
Name Sek YlYv1 n
Physical Address y CJ rt7J VIAXVJ AJe
Mailing Address if different
5Cf11 CO
Email cJ 1 @Jyv t Y t
Phone 65 5Y13
Length oftime in the Bozeman 0 l r 7
Occupation jh ho Sfl f M1cJ Employer AD
Have you ever served on a City or County board circle one YES @ifsowherewhatboardandhowlong
Applicants should apply as one ofthe following hospitality industry representative
member of law enforcement prevention specialist MSU Bozeman student MSU
Bozeman staff or faculty member Bozeman High student Bozeman School District
representative Emergency Room physician local business person who is not in the
hospitality industry neighborhood association representative or interested citizen who
mayor may not qualify in another capacity
Please explain your relevant qualifications interests and experiences
IV ihiW a eiHh 0 V
References Individual or Organization
Name Phone
yej Y
V t e 6C
oWV c LJouy
S S g 5YQ3
uCD lJ6
591 11101
238
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Cynthia Jordan Delaney, Deputy City Clerk
Chris A. Kukulski, City Manager
SUBJECT: Historic Preservation Advisory Board Appointment
MEETING DATE: June 4, 2007
RECOMMENDATION: Make appointment to fill up to one vacancy. For the position of at-
large representative, appoint a person not only to complete the current term that expires on
6/30/2007 (for a person who resigned), but also to begin the two year term that expires on
6/30/2009.
BACKGROUND: The Historic Preservation Advisory Board is created under Chapter 2.80 of
the Bozeman Municipal Code. This chapter is designed as a measure to establish a local historic
preservation program designed to promote the preservation of historic and prehistoric sites,
structures, objects, buildings, and historic districts by addressing historic preservation issues at
the local level and integrating them into local, state, and federal planning and decision-making
processes. The historic preservation program will include the identification, evaluation, and
protection of historic resources within the city. (Ordinance 1180 Section 2, 1985)
The Historic Preservation Advisory Board shall serve in an advisory capacity to the City
Commission, City-County Planning Board, Zoning Commission, and other staff members or
boards seeking advice on historic preservation issues. (Ordinance 1454 Section 2, 1998;
Ordinance 1180 Section 3, 1985).
Members are appointed to staggered two-year terms. It is to be comprised of up to fifteen
members:
(1) Three or four professional members with professional expertise in the disciplines of history,
planning, archaeology, architecture, architecture history, historic archaeology, or other
history preservation-related disciplines, such as cultural geography or cultural anthropology,
provided, however, that at least one member shall be an architect holding Montana or
NCARB registration.
(2) Two to four members from historic districts,
(3) One member from the Main Street commercial district, who “shall operate a business or
own property in the neighborhood described as Main Street,” and
(4) Four to six at-large representatives.
239
Residence within the city shall not be a prerequisite for professional members or at-large
representatives. This Board is considered advisory, although it is generally responsible for
overseeing the operation of the Historic Preservation Office.
The Historic Preservation Advisory Board currently has two vacancies.
These applicants are qualified to fill the at-large representative vacancy (term expires on
6/30/2007):
Applicants:
Anne Sherwood
Lora Dalton
Jody Hester
Charlotte Kress
The following vacancy has no qualified applicant at this time:
Professional member
ALTERNATIVES: As suggested by the City Commission.
Respectfully submitted,
___________________________________ ___________________________________
Cynthia Jordan Delaney, Deputy City Clerk Chris A. Kukulski, City Manager
Attachments: Board Applications
240
Page 1 of 2
Brit Fontenot
From Anne Sherwood anne@annesherwood com
Sent Monday April 16 2007 1 12 PM
To Agenda
Subject Historic Preservation Board Application
Dear Allyson
Per our conversation on Friday here is my application for one of the two vacancies on the Historic
Preservation Board Let me know if you need anymore information
I hope to hear from you all soon
Best Anne
Fill out the following information and click send to apply for this board
Name Anne Sherwood
Physical Address 607 South 7th Avenue Bozeman Montana 59715
Mailing Address if different
Email anne@annesherwood com
Phone 406 539 7703
Length of time in the Bozeman 12 Years
Occupation Freelance Photographer
Employer Anne Sherwood Photography Inc
Have you ever served on a City or County board No but I was on the board of Big BrothersBig Sisters
of Gallatin County for three years
if so where what board and how long
Please explain your relevant qualifications interests and experiences
I am passionate about historic preservation I have always lived in old houses in historic neighborhoods
and I believe that preserving our city s history through our architecture is a way to honor our past Since
I moved to Bozeman 12 years ago I have lived in the historic district and for the past seven years I have
operated my business from an office in the Bozeman Hotel on Main Street I did extensive restoration to
my home in 1999 soon after I purchased it and won a historic preservation award in 2000 My 1915
craftsman bungalow home was featured in the April 2004 issue of At Home
I was raised in a family with vibrant historic preservation interests Most recently my father was on the
board ofthe Maryland Historical Society and my mother was on the board of the Hammond Harwood
House one of oldest homes in Annapolis Maryland where my parents live Leading by example my
parents instilled in me both a desire to be involved in my community and the eye to appreciate historic
architecture
I have traveled extensively around the state for my work as a photographer and I amproud to be from
Bozeman where the historic district is very alive and well preserved Of course there is always work to
be done but I would be excited to join the city s Historic Preservation Board so I could volunteer my
time toward an issue I feel so strongly about
4 16 2007 241
References Individual or Organization Please include name and phone for three references
Dianne Click Realtor 406 580 8881
Steve Kirchoff City Council Member and Neighbor 406 582 7543
Mack Butler Owner of the Bozeman Hotel and Landlord 406 582 881 I
I understand that sending this email is the same as signing my name yes no Yes
Anne Sherwood
Anne Shenvood Photography Ine
321 East 1Ybin Street 326
Bozcm ll1 Montana 59715
406 539 7703
416 2007
Page 2 of 2
242
Page 1 of 1
Cynthia Delaney
From Anne Sherwood anne@annesherwood com
Sent Saturday May 26 2007 11 24 PM
To Agenda
Subject Historic Preservation Board Application
Dear Allyson
I just wanted to touch base and make sure you received my application for a position on the board of
historic preservation Please let me know if you need any more information Id love to be a part of the
board and hope I can fill a recent opening
Thanks so much
Best
Anne
Anne Sherwood
Anne Sherwood Photography Inc
321 East Main Street 320
Bozeman Montana 59715
406 539 7703 mobile
www annesherwood com
5 29 2007 243
StuartBernard
From LoraDalton lora d@bozemanyouthorgSentMondayOctober162006728PMToAgendaSubjectHistoricPreservationBoardApplication
FollowUpFlag FollowupFlagStatusRed
Filloutthefollowinginformationandclicksendtoapplyforthisboard
Name LoraDalton
PhysicalAddress 201S6thAvenue
MailingAddress ifdifferent same
Email lorad@bozemanyouthorg
Phone 4065863499
LengthoftimeintheBozeman 10yearsatthisaddress CooperParkHistoricDistrict
Occupation community volunteerEmployernotpresentlyemployed
Haveyoueverserved onaCityorCountyboard No
1
244
Cynthia Delaney
From
Sent
To
Subject
Lora 0 lora d@ycsLnet
Wednesday May 30 2007 5 26 PM
Agenda
Historic Preservation Advisory Board
Cynthia
As a resident of Bozeman and ofthe Cooper Park historic district 1 am very appreciative ofthe care this city
takes regarding its heritage I would like to support and participate in that effort
My family lives in a circa l900 home that we are slowly restoring As we are a low income family there are
many challenges but it is very important to us to take proper care ofthe venerable old girl Bozeman also has
challenges as the city grows and changes but we must work to preserve the distinctive character that makes
Bozeman a fine place to live work and visit
I have extensive experience in nonprofit and community organizations and an interest in period architecture and
restoration 1 think it is important for the city to work with homeowners to maintain the flavor of our
neighborhoods while supporting reasonable and necessary improvements It is also important to recognize the
efforts ofcommunity members in maintaining restoring and beautifying our historic neighborhoods and
buildings
Thank you for considering my application
Lora Dalton
lora d@ycsi net
Don t look back something might be gainin on ya
Satchel Paige
Objects in mirror are closer than they appear
Toyota
1
245
246
247
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Cynthia Jordan Delaney, Deputy City Clerk
Chris A. Kukulski, City Manager
SUBJECT: Community Affordable Housing Task Force (CAHAB) Appointments
MEETING DATE: June 4, 2007
RECOMMENDATION: Make appointments to fill up to two vacancies.
BACKGROUND: The Community Affordable Housing Advisory Board was created under
Commission Resolution No. 3056, superseded by Commission Resolution No. 3540 adopted on
September 16, 2002. This Board replaces the former Community Development Block Grant
(CDBG) Loan Review Committee. Its purpose is to provide recommendations to the
Commission on requests for expenditures from the CDBG Revolving Loan Fund (for housing)
and from the Community Housing Fund (which is funded through the City's General Fund); to
advise the Commission on affordable housing needs, issues, policies, and regulations; to work
with the City and other groups to formulate programs and projects for meeting Bozeman's
affordable housing needs; and to advise the Commission on affordable housing plans for
annexations and any related development proposals.
The Board is comprised of eleven members serving staggered three-year terms, with terms to end
on June 30 of each year; and a member of City Planning staff shall serve as an ex-officio, non-
voting member. Members must be of legal age, and a majority of the members shall be residents
of the city. Non-resident members must have a tangible connection with the City by virtue of
working in the city or owning property in the city. Members must represent the following:
(1) Real Estate Financing
(2) Real Estate Sales
(3) Construction Industry
(4) Organization supporting the availability of low- and moderate-income housing
(5) Organization providing services to low- and moderate-income persons
(6) Member of the public certifying that he or she is a low- or moderate-income person as
defined by the City's affordable housing policy
(7) Representative from a recognized non-profit affordable housing development organization
(8) Member of the public certifying that he or she currently resides in housing designated as low-
or moderate-income housing
(9) Member of the public who has demonstrated interest in special needs housing
248
(10) the City's Finance Department
(11) Building Industry Professional
CAHAB currently has three vacancies. These applicants are qualified to fill the following
vacancies:
Applicants:
Robert Conor Evans, Building Industry Professional, term expires on 6/30/2010
Connie Garrett, Real Estate Sales, term expires on 6/30/2009
The following vacancy has no qualified applicant at this time:
Member of the public certifying that he or she currently resides in housing designated as low- or
moderate-income housing
ALTERNATIVES: As suggested by the City Commission.
Respectfully submitted,
___________________________________ ___________________________________
Cynthia Jordan Delaney, Deputy City Clerk Chris A. Kukulski, City Manager
Attachments: Board Applications
249
250
R 5jao7
CITY OF BOZEMAN MONTANA
APPLICATION FOR COMMUNITY AFFORDABLE HODING ADVISORY BOARD
Name Ro 8ERT c CvANS
Physical Address 5 S lSebCl eJc 1 Ul 1ft
Mailing Address if different NIA
Email COl ac WS @Jlli c I eo
Phone Lcxg s9q 5 7Cf
Length of time in the Bozeman S DVo S
Occupation J r tL HOo4lr Employer o lIv e clers
Have you ever served on a City or County board circle one@NOifsowherewhatboardandhowlong
t2t U 6 I IfI r 0 to
V ViSts 1 BcHorl 0 r R h Crl I s
r MCA tS fc iR ttJ wi t rk
The membership should be qualified by experience and training to pass upon matters
pertaining to building construction
Please explain your relevant qualifications interests and experiences
see c e re e
References Individual or Organization
Name Phone
Mr b H ier fMB
t1 J fH
Me Ad Vo CoN 1 M r
td6 la
tra r Zo33
80 LtCf11 1631
251
ROBERT CONOR EVANS
565 Bembrick Street Unit I A
Bozeman Montana 59718
406 599 1379
ConorE vans d Hotmail com
Objective To contribute to an organization s success by leveraging practical experience and
managerial skills in a construction management position within the custom home building
market
Professional Summary Motivated self starter with strong interpersonal and organizational
skills Decisive leader which thrives in managing multiple projects and resources effectively
with ability ofachieving defined targets by means ofclear situational analysis high intcgrity and
requiring minimal supervision Professional concise communicator and craftsman with acute
skill for detail and appreciation ofquality construction
Skill Set
Experienced in efficient task organization time management and logistical planning Adept
at working in a fast paced independent environment while managing resources Able to
master material quickly and perform in stressful environments while effectively
communicating with clients subcontractors and co workers by remaining flexible regardless
ofunexpected occurrences delays and careful analysis ofspecific problems
Proficient with computer applications to include Master Builder Primavera SurcTrak
Microsoft Project Construction Quality Manager Prolog and the entire scope of Microsoft
Office
Professional Experience
Project Manager for award winning custom home builder constructing in prestigious resort
areas to include the Yellowstone Club of Big Sky Montana and Jackson Hole Wyoming
Provide logistical support for site operations to include streamlining ofcontract change
order budget and bidding processes RFI transmittals between engineers architects and
owners and continual proactive communication between subcontractors Evaluate negotiate
and structurc proposals so as to maximize schcduling and profit margins in contractor
selection Manage estimate preparation takeoffs proposals material purchasing lead times
expenditure approval and invoices inspections labor payroll to ensure timcly completions
and precise financial accounting Teton Heritage Builders 2 07 Prescnt
Superintendent for national builder and recognized as one of company s lead performers for
2006 responsible for overall scheduling and supervision for projects ranging in the hundreds
ofmillions of dollars Accountable for jobsite operations of subcontractors suppliers field
manpower and organization thereto for effective personnel utilization Established
coordinated and implemented construction schedules and tasks while controlling
expenditures for labor equipment material and services to ensure field operations adhere to
budget constraints Interpreted design drawings and resolved conflicts thereto with architects
and cngineers Researchcd and analyzed most effective building practices for specific
applications Preparcd and maintaincd requircd documentation pertaining to contracts
specifications drawing rcvisions submittals product data RFIs and sketches for projects
ranging from 11 million to 600 million Supported Project Team for success safety and
customer satisfaction Clark Construction Group I 0 05 I OT
Supervisor Carpenter for real estate renovation firm responsible for direction of trades and
daily construction operations while performing rolc as carpcnter and supervisor of crew
members with working knowledge ofproject scope requirements and changes Managed
daily coordination of issues and conflicts bctwccn tradcs to prevent project conflicts and
dclays Interfaecd directly with homc owner to ensure customer understanding of
construction process and overall satisfaction of progrcss Fidelity Management I O5 I 0 5
Rfj fR NCf S4 VA ILA BU UPON RL QUEST252
ROBERT CONOR EVANS continued
Manage personally owned LLC constructing various home improvement related projects
including constmction of garages additions renovations etc Prepare estimate bid proposal
and contracts between client as well as subcontractors Evaluate cost and determine track
expenses to ensure profit margins are maintained Manage subcontract administration
change order control and data recording Determine and implement most efficient and cost
beneficial manner to accomplish objectives Evans Enterprises 1 02 Present
Civic Leadership Involvement Extra Curricular
Campaign Manager Benedetti for Richmond City Council
Friend mentor to II year old boy through the Big Brother Big Sister program
Member of Moving Richmond Forward a multi ethnic and young professional group
Member ofAdvisory Board of Recreation and Parks City ofRichmond
Honor graduate ofArmy Basic Combat Training Selected as platoon leader by training
cadre
Education
Virginia Military Institute B A History with concentrations in Political Science
Leadership Studies
o Custom carpentry apprenticeships during furloughs
Four years Army ROTC leadership training with a 3 5 cumulative GPA and held several
pivotal leadership roles in the VMI Cadet Corp
OSHA 10 Hour and CPRFirst Aid certified as well as various seminars covering topics
ranging from field management to office operations
RFFJ Rf NCES A HILABLE UPON REQUf ST
253