Loading...
HomeMy WebLinkAbout1984-11-19 432 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA November 19, 1984 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, November 19, 1984, at 4:00 p.m. Present were Mayor Weaver, Commissioner I Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, City Manager Wysocki, Assistant City Manager Barrick, City Attorney Crumbaker-Smith and Acting Clerk of the Commission Norman. The meeting was opened with the Pledge of Allegiance and a moment of silence. The minutes of the regular meeting of November 5, 1984 were approved as amended. Action on the minutes of the regular meeting of November 13, 1984 was deferred for one week. Authorize absence of Clerk of the Commission and appoint Kathleen Norman as Actin Clerk of t e ommlssion It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission authorize the absence of Clerk of the Commission Sullivan and appoint Kathleen Norman as Acting Clerk of the Commission. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan a'nd Mayor Weaver; those voting No, none. Absence of Commissioner Anderson - November 26, 1984 It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the absence of Commissioner Anderson from the meeting of November 26, 1984, be authorized in compl iance with Section 7-3-4322, M. C. A. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No, none. I Open bids - City of Bozeman Computer, FY 1985 This was the time and place set to open the bids on the computer for the City of Bozeman budgeted for Fiscal Year 1985. The affidavit of publication for the "Call for Bids" as advertised was presented. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the bids for the City of Bozeman computer, FY 1985, be opened and read. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No, none. The following bid was then opened and read: IBM CORPORATION - IBM System/38 Total Hardware Cost $ 93,460.00 Software Cost $ 27,220.00 Total System Cost $120,680.00 Estimated Start-Up Costs Destination Charges $ 750.00 Supplies $ 750.00 Education $ 1,000.00 Total Start-Up Costs $ 2,500.00 Monthly Maintenance Cost $ 764.50 Monthly Lease Payment $ 2,996.58 City Manager Wysocki recommended that the bid be referred to staff for review and a I recommendation to be submitted at next week's meeting. It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the bid be referred to staff for review and a recommendation to be submitted at next week's meeting. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Weaver; those voting No, none. 11-19-84 433 Staff report - proposed bikeway system as submitted by the Pedestrian/Traffic Safety Committee City Manager Wysocki presented to the Commission a memorandum written by Director of Public Service Holmes which stated that the cost for installing 162 signs along the bike routes at a cost of $75.00 per sign would be approximately $12,000.00. The City Manager noted this cost could be reduced if City crews set the posts for the signs, and biking enthusiasts put up the actual signs. City Manager Wysocki also noted the memo pointed out that the proposed bike I routes carry high volumes of traffic. He stated the memo noted that between Main Street and Babcock Street on 19th and 11th, the streets are transitional from two lanes to three and four lanes and adding a bike route could be distracting to drivers and become a safety hazard. Commissioner Mathre stated she felt most bikers would be willing to pay a bike regis- tration fee if a suitable bike route was initiated. She stated these fees could help to fund the signing of the bike route. Commissioner Vant Hull expressed disappointment in the staff report, stating she expected more input from a biker's viewpoint. She stated that perhaps the Gallatin Valley Bicycle Club should be contacted in regard to whether bikers would give their support to such a bike route. Commissioner Anderson stated she felt this project should be an agenda item with a public hearing. She felt the safety of a proposed bike route should be guaranteed as much as possible. She expressed concern that the proposed routes would not make the streets safer for bike riders. City Manager Wysocki stated he had no problem with placing this item before the Commis- sion as an agenda item, but that preliminary information should go out to the public before a public hearing is held. Mayor Weaver concurred that this project should be discussed at a future Commission meeting as an agenda item. He stated that simply putting signs on two-way streets with on- street parking would be courting disaster. City Manager Wysocki noted that a bikers club would tend to look at a bike route from a much different angle than a mother. He expressed uncertainty whether these two sectors would I be able to agree on a route. Commissioner Vant Hull suggested perhaps a letter could be sent to each school, service clubs and bicycle clubs in Bozeman informing them that a public hearing is planned and request their input. Mayor Weaver questioned as to what time limit should be placed on this item. Com- missioner Anderson stated she would like to see the plans for the route finalized this winter so that institution of the bike routes can be realized in the spring. Mayor Weaver appointed Commissioner Anderson and Commissioner Vant Hull as an ad hoc committee to work with the staff on a letter to be sent to the Bozeman area schools, service clubs and bicycle clubs asking for comments on the Pedestrian/Traffic Safety Committee's pro- posed bike route and to establish a time schedule for the public hearing on this project. Application for Gaming License - Sundance Saloon - one live keno game - through June 30, 1985 City Manager Wysocki presented to the Commission an application submitted by the Sundance Saloon for a Gaming License to allow one live keno game through the period June 30, 1985. He noted the Commission had deferred this application from their regular meeting of November 5, 1984. He stated he had discussed this situation with Mr. Robert Moudree, the owner of the Sundance Saloon. He stated Mr. Moudree informed him that perhaps by utilizing the parking spaces closest to the apartments for employee parking the noise nuisance might be alleviated to some degree. He stated Mr. Moudree had also agreed that he would increase the I patrolling of the parking lot. City Manager Wysocki noted the last complaint regarding the Sundance Saloon to be registered with the Police Department was on June 8, 1984. Mr. Robert Moudree addressed the Commission. He informed them that part of the reason for the noise was due to cars getting stuck in the mud. He stated he had recently graveled his parking lot, however, the vacant lot next to his establishment is still ungraveled and his patrons do park there. Commissioner Vant Hull questioned Mr. Moudree as to why he does not install a fence between the two properties. Mr. Moudree stated he looked into the matter of erecting a fence between his lot and the vacant lot but due to the easement that exists between the two lots, he 11-19-84 43Lf cannot build a fence without taking away from his parking. He stated it is not economically feasible for him to build a fence on the other owner's property. He stated he had also looked into building a solid barrier fence between his establishment and the apartments but the cost would have been $22,000.00. He stated he cannot financially justify that kind of expense for a fence. Commissioner Vant Hull stated that the sounds of the music still come through the build- ing. She asked Mr. Moudree if the soundproofing had been installed. I Mr. Moudree informed the Commission that soundproofing had been added to his building in the spring. He stated that an automobile going by his establishment on North 19th makes the decibel meter rise above the noise level emitting from his establishment. Commissioner Jordan stated the complaints he has received regarding the Sundance has involved noise in the parking lot and foul language. He inquired of Mr. Moudree if he could perhaps post a sign inside his establishment cautioning his patrons about excessive noise in the parking lot. Mr. Moudree agreed that perhaps such a sign might be of help. He stated that if the residents would call him directly when there is a complaint, he could probably immediately correct the situation. He stated if there is an instance where the offender is rebellious, he could restrain that person until a police officer could be summoned. Commissioner Vant Hull inquired as to the hours that the Sundance Saloon is open and on what nights there is music. Mr. Moudree stated that the Sundance Saloon is open six days per week, from 11 :00 a.m. to 2:00 a.m., with music on all six nights. Mr. Bud Postema, a resident of Gallatin Manor, addressed the Commission. He stated he feels Mr. Moudree has done a good job in softening the music until up to this past week. He stated the reverberation from the band this past week had been very bothersome for him and his wife. He stated his wife had called the Sundance to complain, but the girl answering the telephone at the Sundance had difficulty hearing because of the noise from the band. He stated a lot of the residents will not register a com.plaint due to the fear of retaliation from the patrons. I City Manager Wysocki stated that after discussing this matter with the City Attorney, he feels it is very difficult to tie this particular request to the noise situation. He stated that the addition of a keno game will not make the noise level change. He then recommended that the Commission approve the application by the Sundance Saloon for a Gaming License for one live keno game through June 30, 1985. Commissioner Vant Hull questioned Mr. Moudree whether he puts any restrictions on the bands or does anything to control the decibel level of the music. Mr. Moudree replied that he very definitely places restrictions on the bands. He stated that particular attention is given on Monday and Tuesday nights, when the bands are setting up their equipment. He stated spot checks are made Wednesday through Saturday to ensure the bands are staying within the decibel guidelines. He stated that he gives each band a copy of regulations they are to adhere and he restricts the bands from playing any drum solos. It was moved by Commissioner Mathre, seconded by Commissioner Anderson, that the Commission approve the Gaming License requested by Sundance Saloon for one live keno game through the period June 30, 1985. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No being Commissioner Vant Hull. Commissioner Vant Hull she does not feel sufficient effort has been made on the part of the owner in alleviating the problems that exists with his establishment. Staff report - timeline for consideration of re uested extension of sanitary sewer service to I ridger anyon Townhouse eve opment City Manager Wysocki presented to the Commission his memorandum listing the anticipated steps to be completed as (1) selecting an engineer mutually agreeable; (2) analyzing the present private sewer system; (3) developing conditions under which to accept the private system; and (4) reconstruction of those items, if there are problems. He expressed concern about developing a timeline as he feels the time schedule is out of the control of the City. 11-19-84 435 Mayor Weaver inquired whether it would be appropriate to take up the matter of a time- line on next week's agenda. City Manager Wysocki stated he has given the Commission all the information he can regarding any timeline. He pointed out that the timeline rests with the petitioners. He stated it is now up to the petitioners to go ahead with the requests by the City. Mayor Weaver noted that upon completion of negotiation of the requests by the City, a I timeline can then be established. Break - 5:00 to 5:10 p.m. Mayor Weaver declared a break from 5: 00 to 5: lOp. m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Appointment - Board of Appeals City Manager Wysocki noted this item had been tabled for a period of one week to allow the Commissioners an opportunity to review the applications. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission appoint Charles D. Fell to replace J. Paul Petersen on the Board of Appeals, with a term to expire on December 31, 1987. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. Appointment - ex officio member - Local Government Study Commission Mayor Weaver stated that Montana statutes require that an ex officio member be appointed to the Local Government Study Commission to serve as a nonvoting member. He proposed that the Commission appoint Commissioner Mathre as this member due to her experience on the past review board. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the I Commission concur in Mayor Weaver's appointment of Commissioner Mathre to the Local Government Study Commission as a nonvoting ex officio member. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No, none. of items to be completed by the Cit the next six to City Manager Wysocki presented to the Commission a list of priority projects to be com- pleted by him during the next six to twelve months. Commissioner Vant Hull distributed to the Commission copies of a memorandum written by her which listed additional projects she felt should be completed within the next six to twelve months. City Manager Wysocki stated that all of the items submitted by him were based on goals set by the Commission, with the possible exception of the cable television franchise, trans- portation and land use planning. Commissioner Anderson expressed concern about the word "completed." She stated she feels it should be changed to read "addressed." She noted that some of the tasks listed are on-going and cannot be completed within six to twelve months. Commissioner Vant Hull stated she feels additional projects should be added to the list. She stated one example would be the model water plant proposed by Dr. Robert Sanks. Mayor Weaver stated he would resist adding anything that did not come out of the goal I setting process. Commissioner Anderson stated she feels there are points that were overlooked, such as the pilot plant which came up later. She stated that other projects which have been discussed and negotiated with a timeline of six to twelve months should be mentioned on this list. City Manager Wysocki stated this list represents the primary things on which he would like to be working. He stated if there is something on the list which the Commission does not wish him to work, it should be removed from the list. 11-19-84 438 Commissioner Anderson stated that another point in question is the need for the Commis- sion to fill out a City Commission report card. Mayor Weaver concurred that project may well be something the Commission wishes to accompl ish. He stated that matter should be put on a future agenda and discussed by the Commission. He proposed that the Commission first consider the City Manager's proposed list, and then discuss Commissioner Vant Hull's list at a future Commission meeting. Commissioner Jordan asked the City Manager whether these tasks are listed in order of I priority. City Manager Wysocki replied in the negative. He stated those items most important to complete within the next twelve months he believes to be: (1) improving the land use plan- ning application process; (2) hiring a City Recreation Director and finding an office for the Recreation Department; (3) obtaining a proposed water rate increase; and (4) upgrading the Police and Fire equipment. City Manager Wysocki stated he hopes to accomplish those projects listed within the next six to twelve months and begin work on other projects such as an alternative landfill site. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commission approve the list of tasks to be addressed by the City Manager within the next six to twelve months, as listed by City Manager Wysocki. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No, none. Mayor Weaver requested than an item be placed on next week's agenda to discuss the points listed in Commissioner Vant HulPs memorandum. He suggested this item be simply listed as "Agenda item update. II Commission Resolution No. 2534 - authorize call for bond sale for SID No. 646 - sanitar sewer an water - eventh nnexatlon City Manager Wysocki presented Commission Resolution No. 2534, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2534 I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AUTHORIZING AND DIRECTING THE ADVERTISEMENT AND SALE OF SPECIAL IMPROVEMENT DISTRICT BONDS TO PROVIDE FUNDS FOR PAYMENT FOR WORK AND MATERIAL IN SPECIAL IMPROVEMENT DISTRICT NO. 646 FIXING THE NUMBER, DATE, DENOMINATION AND MATURITY OF SUCH BONDS, AND PRESCRIBING THE FORM THEREOF. City Manager Wysocki recommended that the Commission adopt Commission Resolution No. 2534 authorizing the call for bond sale for SID No. 646. It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commission adopt Commission Resolution No. 2534 authorizing the call for bbnd sale for Special Improvement District No. 646 for the construction of sanitary sewer and water mains to service properties located in the North Seventh Annexation. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Weaver; those voting No, none. Authorize call for bids for construction of SID No. 646 - sanitary sewer and water - North Seventh Annexation City Manager Wysocki presented to the Commission a request for call for bids for con- struction of Special Improvement District No. 646 to install sanitary sewer and water service to serve properties in the North Seventh Annexation. The City Manager recommended that the Commission authorize this call for bids. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the I Commission authorize the call for bids for construction of improvements in Special Improvement District No. 646 to install sanitary sewer and water mains to service properties located in the North Seventh Annexation. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. 11-19-84 437 Request - permission to place Christmas kettle on public right-of-way - Salvation Army City Manager Wysocki presented to the Commission a letter of request from The Salvation Army to place a Christmas kettle on the southeast corner of East Main Street and South Black Avenue from 10:00 a.m. to 9:00 p.m. for the period November 23, 1984 through December 24, 1984. City Manager Wysocki stated that Commissioner Mathre had requested this request be removed from the "For Your I nformation" items for discussion. I City Manager Wysocki stated this request can be handled by the staff under the revoca- ble permit process. The Commission concurred in this statement and no further discussion or action was taken on this request. Discussion - FY I items City Manager Wysocki presented to the Commission the following "For Your Information" items: (1) Weekly construction reports submitted by Thomas, Dean and Hoskins regarding the progress of the Water Treatment Plant. (2) Letter from Donna Murdock regarding trash containers. (3) Letter from the Housing Committee regarding possible extension of the housing consultant position for another six months. City Manager Wysocki stated this matter should be placed on a future agenda for dis- cussion. (4) Commissioner Anderson announced that the Housing Committee will be serving refreshments after their regular meeting at 4: 30 on Tuesday, November 20, 1984, in celebration of receiving the housing grant. (5) Commissioner Anderson stated that perhaps several of the certificates of honorary citizenship could be signed by the Commissioners for future use when needed. She also stated that there are two English instructors from Japan currently in Bozeman who are more than routinely interested in the community. She noted they are studying English instructors in this I country. She suggested the Commission might wish to present these two Japanese instructors with said certificates. (6) Commissioner Jordan inquired whether the Commission members would be interested in having a joint meeting with "clean industry" people to discuss regulations that type of industry would have to conform with. He stated he felt the meeting would be a good channel to get a perspective. ' Mayor Weaver stated such a meeting would be educational for the Commission. He recommended thijt Commissioner Jordan approach such a meeting in an exploratory manner. (7) City Manager Wysocki stated he and Commissioner Jordan had attended the Urban Coalition meeting in Helena on Tuesday and Wednesday. He stated that local legislators wish to meet with the Coalition Committee on either the 10th or 13th of December at 7: 30, before re- turning to Helena. (8) Commissioner Mathre announced that the District 10 meeting of the Montana League of Cities and Towns will be held on Wednesday, December 5, 1984, at 6:30 p.m. at the Baxter Ball room. She stated dinner will be served at 7:00 p.m. She noted that Alec Hanson, Executive Director, will be in attendance to address the meeting. Recess - 5:50 p.m. Mayor Weaver declared a recess at 5: 50 p. m., to reconvene at 7: 00 p. m. for the pu rpose of conducting the scheduled public hearings. I Reconvene - 7:00 p.m. . Mayor Weaver reconvened the meeting at 7:00 p.m. for the purpose of conducting the scheduled public hearings. This was the time and place set for the public hearing on the Zone Map Change requested 11-19-84 438 by Norm Wallin and Stephanie Volz to change the present zoning of RR to R-3 and RR and MB to B-2-T for Parcels "A" and "B" respectively lying in the Southeast one-quarter of Section 11, Township 2 South, Range 5 East, Montana Principal Meridian. This site is more commonly known a's being located between West Main Street and West Babcock Street, immediately east of the Ponderosa Mobile Home Subdivision. Mayor Weaver opened the public hearing. City Manager Wysocki recommended that the Commission open and continue this public I hearing until further notice. Mayor Weaver continued the public hearing until further notice. No. This was the time and place set for the public hearing on the Zone Map Change re- quested by Bach Enterprises to change the present zoning of RS-l to R-l on Tract 1-B of Certificate of Survey No. 115-A, located in the southwest one-quarter of Section 32, Township 1 South, Range 6 East, Montana Principal Meridian. This parcel is more commonly known as being located along the south side of Bridger Drive, beginning approximately 1500 feet east of Story Mi II Road. Mayor Weaver opened the public hearing. Senior Planner Mike Money presented the staff report. He stated the Zoning Commission had heard th is appl ication on October 23, 1984. He stated the area for the proposed Zone Map Change consists of approximately 13.6 acres, and if approved, would allow approximately 4.05 units per acre. He stated the Zoning Commission had voted 4 to 1 to deny this application. Commissioner Vant Hull expressed the opinion that the resolution adopted by the Zoning Commission regarding this application sounds ambiguous, specifically the statement: "The goals and objectives of the Bozeman Area Master Plan addresses the overall needs of the community, but do not seem pertinent for the area in question." I Senior Planner Money stated that sometimes a master plan does not reflect the intimate needs of a given area. Commissioner Anderson questioned whether the proposed site is contiguous to the City. Senior Planner Money replied that a waiver of protest had been obtained from the assumed adjoining property owner. He stated, however, there is now a question whether that piece of property is actually contiguous to the City. He noted there appears to be a triangular piece located in between the two properties. Mr. H. B. Landoe, representing the applicant, addressed the Commission and apologized for not attending the prior meeting. He stated the opposition has stated that one reason for opposing the Zone Map Change is because of air quality. He noted the air quality would not be affected by an additional 55 homes. He then introduced Mr. Dave Vogel, who addressed the Commission. Mr. Dave Vogel, 1208 Bridger Drive, addressed the Commission regarding the flooding situation in the proposed site. He stated he had lived in his present residence for 23 years. He stated that flooding has occurred in that area once during that time. He stated the flood i ng at that time was caused by planks being left in the irrigation ditch at the time of heavy rain and snow melt. He stated if the planks had not been left in the ditch, the flooding would not have occurred. He further stated that percolation tests made on the proposed site showed no problems with high ground water. Mr. Landoe then informed the Commission that some confusion exists as to the intent of the new master plan. He stated he understands from the staff report that the City would I prefer the R-l zoning due to the scarcity of R-l zoned lots within the City. He stated he feels the R-l zoning would enhance the area. He stated the proposed residences would sell in the price range from $100,000 to $125,000. He stated the engineer for the project, Rick Kerin, is willing to work with the City to meet any conditions that would solve any difficulty with flood- ing. He further stated that the developers are willing to meet the City's specifications as far as extension of the sewer is concerned. He noted the sewer system has been in operation for 20 years and is presently serving well. He noted the sewer had been installed under the supervision of Thomas, Dean and Hoskins, Inc., and had been approved by both the State and 11-19-84 438 the City. He stated the developers desire to upgrade the property. Ms. Brigitte Anderson, employed by the law firm of Goetz Madden and Dunn, addressed the Commission representing the opposition. She stated her cI ients oppose the town house project. She quoted from a prior staff report written when this proposed area had requested annexation. She stated the Commission must consider the twelve points upheld by the Montana Supreme Court in the case Lowe v. City of Missoula, when dealing with a rezoning. She pre- I sented the Commission with a copy of testimony from Daniel Obermeyer, Missoula, stating his findings which support opposition to the proposed zone change. B rea k - 7: 55 - 8: 00 p. m . Mayor Weaver declared a break from 7:55 to 8:00 p.m., in accordance with Commission policy set at their regular meeting of March 14, 1984. Ms. Brigitte Anderson again addressed the Commission and reiterated her statement that the Commission must consider the twelve points upheld by the Montana Supreme Court in the case Lowe v. City of Missoula when dealing with a zone change and that the change must be passed by three-fourths of the Commission. Senior Planner Money stated the Planning Staff is aware of the twelve points mentioned by Ms. Anderson. He stated the Planning Staff has seven criteria points, which address all twelve points, it uses which were developed from court cases occurring around the nation. He also noted the State Statutes do not specifically list the points to be considered in a rezoning request. Mr. Ed Juvan, 1717 Bridger Drive, addressed the Commission. He stated he is an engineer in ground water geology. He stated he opposes the proposed zone map change and exhibited photographs of the proposed site which depicted flooding of the area. He stated after I the water is no longer standing on top of the ground, the ground water remains high. He stated that with more development, there are more barriers for the ground water to flow through, and makes it more likely for flooding to occur. He stated his biggest concern is that high density development will cut off the flood channels. He stated his residence had been built in 1960 approximately two feet above the highest recorded ground water level, so he has never had flooding in his basement except during 1981. He stated each additional development in the area tends to build up the water table, increasing the dangers of flooding and possible damage to and contamination from septic tanks. Commissioner Jordan inquired whether under the Planned Unit Development process if it would be possible to cluster the units and leave corridors open for a drainage flow. Mr. Juvan stated it would be possible if development is not too dense, but based on what has happened in the past, any development would raise the ground water table. Commissioner Jordan noted that with the thirteen possible units allowed by the present zoning, the same thing could happen if not done properly. Commissioner Anderson inquired as to the water pressure in the area and whether it was adequate for fire protection. Mr. Juvan stated that if the proposed area were on City water service, it would probably have adequate water pressure for fire protection. He further noted the area is currently under contract with the City for fire protection. Mr. Don Collins, 1970 Hillside Lane, addressed the Commission and stated he had lived I in his present residence since 1970. He stated he opposes the proposed zone change because of the impact the development would have on the quality of life he enjoys and the existing resi- dences in the area. He pointed out that flooding occurs almost every spring because Story Mill canal, which bounds the property, will not handle the amount of water that flows through at that time of year. Commissioner Vant Hull asked Mr. Collins if he would object should the property be developed as RS-l. Mr. Collins replied in the negative. Mr. Jim Melville, 1815 Bridger Drive, addressed the Commission and stated his opposition to the proposed zone change. He stated he felt it unfair to the present residents of the area 11-19-84 440 to change the zoning as it would affect the aesthetics of the area. He stated that during the flood of 1981 his basement had two feet of water and it had been necessary to run a pump for six weeks. He presented to the Commission a copy of his deed which specifies that only "single family" residences may be built upon his lot. Mr. Dick Creed, 1821 Bridger Drive, addressed the Commission and stated he was a Certified Professional Engineer. He complimented the Planning Staff on their report. He stated he felt the impact of the proposed rezoning on the transportation system had been overlooked. I He noted that the proposed 13.6 acre development has a density potential of 55 residence. He stated that based upon the Bozeman urban area transportation study, the average residence produces ten traffic counts per day, based on five trips per day. He noted that this area if developed as proposed would therefore produce 550 trips per day. He stated that the proposed development would further congest the inadequate transit system presently serving the area. Mr. Creed displayed a traffic count map prepared by the Montana State Highway Department to serve his point. Break - 8:56 to 9:05 p.m. Mayor Weaver declared a break from 8:56 to 9:05 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Mr. Ian Elliot, 1725 Bridger Drive, addressed the Commission and stated his opposition to the proposed rezoning. He stated the area has been zoned for one home per acre for twenty- five years. He stated he felt it would be a breach of trust against owners in the area and owners of undeveloped lots should the area be rezoned. Mr. Joe Gunter, 1118 Bridger Drive, addressed the Commission concerning the question of Vogel's property being contiguous to the City. He stated he has filed a petition to intervene I in class action suit to determine ownership of the small triangular parcel located between Vogel's property and the City boundary. Mr. Gunter stated that he is opposed to the proposed zone change. He stated that his basement flooded during the 1981 flood and there is moisture in his basement nearly every spring. Ms. Pat Williams, 1705 Bridger Drive, addressed the Commission and stated she is opposed to the rezoning as it would affect the quality of life in the neighborhood and would also in- crease the flood hazard. She questioned whether the site could be afforded adequate fire protection since trains sometime block access to that area. Ms. Brigitte Anderson again addressed the Commission and again reiterated that when considering rezoning of an area, the Commission must consider all twelve points as upheld by the Montana Supreme Court in the case Lowe v. the City of Missoula. Mr. Charles Fell, 1305 Hillside Lane, addressed the Commission and stated he is opposed to the proposed zone change and submitted a letter stating those reasons. The letter was signed by him and his wife. Mr. Doug Bishop, 1817 Hillside Lane, addressed the Commission and stated he is opposed to the rezoning. He stated he supports the statements made by Don Collins regarding the flood waters. Mr. Guenter Schmalz, 2015 Bridger Drive, addressed the Commission and stated he has lived in his residence since 1957. He stated he objects to the zone change due to the high density proposed. He stated he would not object to single family homes as allowed under the RS-l zoning. He noted his property deed specifies the lot is to be used for a single family I residence only. Mr. Arthur Morrow, 1505 Hillside Lane, stated his opposition to the proposed rezoning is due to the past flooding of the area. He stated he also objects because of the traffic impact the development will have on Bridger Drive. Ms. Lois Zweifel, 1703 Bridger Drive, stated she is opposed to the proposed zone change for all of the reasons previously stated at this meeting. She stated her basement had been flooded for three months during the 1981 flood. 11-19-84 441 Mr. Rufus Cone, 1413 Bridger Drive, addressed the Commission and presented typed testimony signed by him and his wife, along with photographs of flooding in the area. He stated he agrees with the testimony that has been presented to the Commission. Ms. Marilyn Collins, 1509 Bridger Drive, addressed the Commission and stated she is opposed to the rezoning. She stated she objects to the development of multi-family housing in the area. I Ms. Floy Cysewski, 1521 Bridger Drive, addressed the Commission and stated she is opposed to the rezoning for all of the previously stated reasons. She stated she wishes the integrity of character to be preserved in the neighborhood. Mr. Landoe, applicant, again addressed the Commission. He stated the proposed develop- ment will not create any more additional traffic or housing than to which the area can become accustomed. He stated the flooding problem can be alleviated by the proper engineering drainage plans. He stated he does not believe development will contribute to the flooding problem. He stated much of Bozeman is built on ground with a water table higher than that on Bridger Drive. He pointed out that if the area is developed as RS-l there will be thirteen separate wells and thirteen septic systems. He stated if the area is rezoned and the sewer service ex- tended to the area, there wi II be no septic tanks and a central well system wi II be developed to service the area. Commissioner Vant Hull asked about putting a "T" designation on the proposed rezoning. Mayor Weaver indicated that was not what the applicants requested. Ms. Brigitte Anderson pointed out that the testimony which had been gien testifies to the effects the proposed rezoning would have on the quality of life, the water, sewer and the flooding. She noted that the developers stated the reason for requesting the zone map change was so that the Bridger Canyon Townhouse project could be developed. She again advised the Commission that they must consider the twelve points mentioned earlier. She stated the Com- mission has to consider whether the rezoning will better the welfare of the citizens of the community. I Commissioner Vant Hull questioned Mr. Vogel regarding the statement made by several people that their deeds specify that only one single family home could be built per lot. She inquired as to the reason for that restriction. Mr. Vogel replied that restriction was placed on the deeds by his father, who is now deceased. There being no further discussion or questions, Mayor Weaver closed the public hearing. A decision wi II be forthcomi ng in one week. . Amendment - establish application fees for amendments to the This was the time and place set for the public hearing on the Master Plan Amendment proposed by the City-County Planning Staff to establish application fees for amendments to the Bozeman Area Master Plan. Mayor Weaver opened the public hearing. Assistant Planner Marcia Elkins presented the staff report. She reviewed the fees as proposed, those being $220 for a text amendment and $220 for a land use plan amendment, with an additional charge of $3 per acre up to 80 acres, and $2 per acre for 80 acres or more. She stated this amendment would bring the fees into line with other fees. There was no one present to speak in support of or in opposition to the proposed Master Plan Amendment. Mayor Weaver closed the public hearing. A decision will be forthcoming in one week. I Adjournment - 10:05 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner 11-19-84 442 Jordan, Commissioner Mathre, Commissioner Vant. Hull, Commissioner Anderson and Mayor Weaver; those voting No, none. KENNETH L. WEAVER, Mayor ATTEST: ;(~~ I Acting erk of the ommlsSlon I I 11-19-84