HomeMy WebLinkAbout2005-06-20 Minutes, City Commission
MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
June 20, 2005
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The Commission of the City of Bozeman met in regular session in the Community Room, Gallatin
County Courthouse, 311 West Main Street, on Monday, June 20,2005, at 7:00 p.m. Present were Mayor
Andrew Cetraro, Commissioner Jeff Krauss, Commissioner Marcia Youngman, Commissioner Lee Hietala,
City Manager Chris Kukulski, Assistant City Manager Ron Brey, Director of Public Service Debbie Arkell,
Director of Finance Anna Rosenberry, Director of Public Safety Mark Tymrak, Planning Director Andy Epple,
City Attorney Paul Luwe and Clerk of the Commission Robin Sullivan. Commissioner Steve Kirchhoff was
absent.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
Authorize absence of Commissioner Kirchhoff from this meetina
It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the
Commission authorize Commissioner Kirchhoff's absence from this meeting. The motion carried by the
following Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner Youngman,
Commissioner Hietala and Mayor Cetraro; those voting No, none.
Minutes - March 21. May 9. May 16. May 31. June 6 and June 13. 2005
It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the minutes
of the meeting of May 9, 2005, be approved as amended and that the minutes of the meetings of May 16
and May 31,2005, be approved as submitted. The motion carried by the following Aye and No vote: those
voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Krauss and Mayor
Cetraro; those voting No, none.
Mayor Cetraro deferred action on the minutes of the meetings of March 21, June 6 and June 13,
2005, to a later date.
Consent Items
City Manager Kukulski presented to the Commission the following Consent Items.
Acknowledae receipt of staff report - reauest for annexation of 56.84-acre tract lying
east of Story Mill Road and north of Bridaer Drive (Iyina immediately east of
Legends at Bridaer Creek Subdivision) - Brownstone Capital. Inc.. for
Rugheimer Limited Partnership (A-05006)
Commission Resolution No. 3808. intent to annex 56.8~acre tract Iyina east of StOry
Mill Road and north of Bridaer Drive (lying immediately east of Leaends at
Bridger Creek Subdivision): set public hearina for JulY 18. 2005
COMMISSION RESOLUTION NO. 3808
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE
INHABIT ANTS THEREOF AND THE INHABITANTS OF TRACTS OF LAND CONTIGUOUS
TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARLY DESCRIBED, TO
EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID
CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF.
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Commission Resolution No. 3809 - intent to amend Bozeman 2020 Community Plan
to amend land use desianation from "Future Urban" to "Residential" on :!:196.4
acres lying alonQ the west side of South 19th Avenue between Stuckv Road
and Blackwood Road extended
COMMISSION RESOLUTION NO. 3809
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
STATING THE CITY'S INTENT TO AMEND THE BOZEMAN 2020 COMMUNITY PLAN BY
AMENDING THE FUTURE LAND USE MAP FROM "FUTURE URBAN" TO
"RESIDENTIAL" FOR 196.4 ACRES LYING ALONG THE WEST SIDE OF SOUTH 19TH
AVENUE BETWEEN STUCKY ROAD AND BLACKWOOD AVENUE EXTENDED, CITY OF
BOZEMAN, GALLATIN COUNTY, MONTANA.
Commission Resolution No. 3810 - amendina the Bozeman 2020 Community Plan bv
amendina the land use designation from "Residential" to "Industrial" on 6.72
acres lying along east side of Broadwav Avenue between East Lamme Street
extended and Front Street
COMMISSION RESOLUTION NO. 3810
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
AMENDING THE BOZEMAN 2020 COMMUNITY PLAN BY AMENDING THE LAND USE
DESIGNATION FROM "RESIDENTIAL" TO "INDUSTRIAL" ON 6.72 ACRES LOCATED
IN THE NORTHERN PACIFIC ADDITION SUBDIVISION, IN THE NORTHEAST QUARTER
OF SECTION 7, T2S, R6E, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA.
Ordinance No. 1642 - zone map amendment - amend the zonina desianation
from "R-2". Residential- Two-household. Medium-density. to "M-1 ". Liaht
Manufacturina. on 0.346 acres Iving along the east side of Broadwav Avenue.
immediatelv south of vacated Davis Street: provisionallv adopt and brina back
in two weeks for final adoption
ORDINANCE NO. 1642
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
AMENDING THE CITY OF BOZEMAN ZONE MAP BY AMENDING THE ZONING
DESIGNATION FROM "R-2" (RESIDENTIAL TWO-HOUSEHOLD, MEDIUM DENSITY
DISTRICT) TO "M-1" (LIGHT MANUFACTURING DISTRICT) ON 0.346 ACRES, ON
PROPERTY DESCRIBED AS LOTS 1-3, BLOCK 41, NORTHERN PACIFIC ADDITION, IN
THE NORTHEAST QUARTER OF SECTION 7, T2S, R6E, CITY OF BOZEMAN, GALLATIN
COUNTY, MONTANA.
Authorize Citv Manaaer to sian - Easement Aareement from Citv of Bozeman to
QWest Corporation - 30-foot bv 20-foot easement at northwest corner of
Bronken Park (Iyina alona south side of Durston Road)
Authorize Citv Manaaer to sign - Aaricultural Lease between Citv of Bozeman and
Donald D. Dodae - 40 acres located at the Lvman Creek reservoir
Authorize Citv Manaaer to sian - Acceptance of Sewer and Water Pipeline and Access
Easement and Aareement from Wvsocki. Wvsocki. Embrv LLC - 30-foot-wide
easement across Lot 1. Amended Plat of Lots 3. 4. 5 and 6. Block 18. Laurel
Glen Subdivision. Phase I (parcel located at northwest corner of LonQbow
Lane and Glenellen Drive)
Authorize Mavor to sian - HOME Contract #M04-SG3001-12 with State of Montana
Department (for Accessible Space. Inc. affordable housing proiect)
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Acknowledae receipt of reauest for annexation of 13.225 acres Iyina at northwest
corner of intersection of Durston Road and Fowler Avenue extended - Green
Teal. LLC for William and Lois LYdens: refer to staff
Approval of final plat for Foxtail Street Maior Subdivision - resubdivide t1.48 acres
south of the intersection of Catron Street and Foxtail Street to allow 8 of 10
existina lots to be subdivided and realianed into 12 single-household lots. for
a total of 14 sinale-family lots
Authorize Mayor to sian - Findings of Fact and Order for StOry Mansion Minor
Subdivision - agareaate 26 lots located in Block 3. Butte Addition. into sinale
lot (StOry Mansion. 811 South Willson Avenue)
Authorize and direct staff to proceed with preparation of application for CTEP monies
for landscapina and irrigation at new library site
Award bid for custodial services for City buildinas - Roscoe Cleanina. Inc.. Belarade.
Montana - in the bid amount of $78.560.00 annually
Approval of Beer and Wine License for Calendar Year 2005 - Pizza Hut. 2300 West
Main Street
Acknowledae receipt of City Manaaer's Recommendations for the Budget for Fiscal
Year 2005-2006
Buildina Inspection Division report for May 2005
Claims
It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that the Commission
approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the
necessary actions. The motion carried by the fOllowing Aye and No vote: those voting Aye being
Commissioner Hietala, Commissioner Krauss, Commissioner Youngman and Mayor Cetraro; those voting
No, none.
Public comment
No comment was received under this agenda item.
Variances for Cattail Lake Subdivision - to allow neighborhood center to have streets alona less than
50 percent of perimeter: allow blocks less than 200 feet wide: and allow parkland to have frontaae
of less than 50 percent of its perimeter on streets: and waiver of parkland dedication reauirements
to allow natural resources/critical wildlife habitat to meet those reauirements - Morrison-Maierle.lnc..
for Cattail Lake. LLC (P-05011 )
This was the time and place set for the continued public hearing on the zoning variances for Cattail
Lake Subdivision requested by Morrison-Maierle, Inc., for Cattail Lake, LLC, under Application No. P-05011,
as follows: from Section 18.42.020.C., to allow the neighborhood center to have streets along less than 50
percent of the perimeter; from Section 18.42.020.C., to allow blocks to be less than 200 feet wide; and from
Section 18.50.060, to allow parkland to have streets along less than 50 percent of the perimeter. In
addition, the applicant has requested a waiver of parkland dedication requirements to allow natural
resources/critical wildlife habitat to meet those requirements.
Included in the Commissioners' packets was a letter from Montana Crestview requesting that action
on these variances be tabled indefinitely.
It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that action on these
variances be tabled indefinitely, per the applicant's request. The motion carried by the following Aye and
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No vote: those voting Aye being Commissioner Krauss, Commissioner Youngman, Commissioner Hietala
and Mayor Cetraro; those voting No, none.
Preliminary plat for Cattail lake Subdivision - subdivide -42 acres located northeast of the
intersection of Davis lane and the future Catamount Street into 86 residential lots. with variances
to allow neiahborhood center to have streets alona less than 50 percent of perimeter: allow blocks
less than 200 feet wide: and allow parkland to have frontaae of less than 50 percent of its perimeter
on streets: and waiver of parkland dedication requirements to allow natural resources/critical wildlife
habitat to meet those reauirements - Morrison-Maierle. Inc.. for Cattail lake. llC (P-05011 )
This was the time and place set for the continued public hearing on the preliminary plat for Cattail
Lake Subdivision, as requested by Morrison-Maierle, Inc., for Cattail Lake, LLC, under Application No.
P-05011, to subdivide -42 acres described as Lot 3, Minor Subdivision No. 221, into 86 residential lots for
134 dwelling units. The subject property is located northeast of the intersection of Davis Lane and the future
Catamount Street.
Included in the Commissioners' packets was a letter from Montana Crestview requesting that action
on this preliminary plat be tabled indefinitely.
It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that action on this
preliminary plat be tabled indefinitely, per the applicant's request. The motion carried by the following Aye
and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner
Krauss and Mayor Cetraro; those voting No, none.
Annexation of 3.34 acres Ivina alona Wilda Lane. south of West Babcock Street - SAAM Real Estate.
Dan Barnes and John Helvey (A-05004)
This was the time and place set for the public hearing on the request to annex 3.34 acres described
as Tracts 1 B, 7 and 8, Cahill Subdivision, and the adjacent public rights-of-way, as requested by SAAM Real
Estate, Dan Barnes and John Helvey under Application No. A-05004. The subject property lies along Wilda
Lane, extending southward from West Babcock Street.
Public hearing
Mayor Cetraro opened the public hearing.
Assistant Planning Director Chris Saunders presented the staff report. He noted the subject property
lies within Zoning District No. 1 and is currently zoned for residential uses. He then stated that, during
review of this application, staff identified the need to extend improvements to existing and future
development and the need to acquire additional right-of-way for West Babcock Street.
The Assistant Planning Director stated that staff has reviewed this application in light of the goals
and policies set forth in Commission Resolution No. 3137, and staff's comprehensive findings are contained
in the written staff report. Based on those findings, staff is forwarding a recommendation for approval,
subject to the following items being addressed prior to or in the annexation agreement:
1. That the applicant execute at the Gallatin County Clerk and Recorder's Office a
waiver of right-to-protest creation of SIDs for a City-wide Park Maintenance District,
which would provide a mechanism for the fair and equitable assessment of
maintenance costs for City parks as part of the Annexation Agreement.
2. That provisions for water rights or cash-in-lieu of water rights in an amount
determined by the Director of Public Service be provided in the Annexation
Agreement whereby it is executed by the landowner prior to final subdivision plat
approval, final site plan approval, or issuance of any building permits, whichever
occurs first, prior to the City Commission adopting the Resolution of Annexation and
accepting the Annexation Agreement.
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3. The landowners and their successors shall pay all fire and street impact fees for
existing development at time of annexation; water and sewer impact fees at the time
of connection; and for future development as required by Chapter 3.24, Bozeman
Municipal Code, or as amended at the time of application for any permit listed
therein.
4. An Annexation Map, titled "Wilda Lane Annexation Map" with a legal description of
the property and adjoining rights-of-way and/or street access easements (i .e., Wilda
Lane and West Babcock Street) shall be submitted by the applicant for use with the
Annexation Agreement. The map must be supplied on a mylar for City records (18-
inch by 24-inch), a reduced 8~-inch by 11-inch or 8~-inch by 14-inch exhibit for
filing with the Annexation Agreement at the County Clerk and Recorder, and a digital
copy for the City Engineer's Office. This map must be acceptable to the Director of
Public Service and City Engineer's Office, and shall be submitted with the signed
Annexation Agreement.
5. That the applicant execute all contingencies and terms of said Annexation
Agreement with the City of Bozeman within one (1) year of approval by the
governing body, or annexation approval shall be null and void.
6. The applicant shall provide and file with the County Clerk and Recorder's office
executed Waivers of Right to Protest Creation of Special Improvement Districts
(SIDs) for the following:
a. Street improvements to West Babcock Street and/or Wilda Lane;
including but not limited to paving, curb and gutter, sidewalk, and
storm drainage improvements.
b. Signalization improvements at the intersection of West Babcock
Street and Fowler Avenue.
The document filed shall specify that in the event an SID is not utilized for the
completion of these improvements, the developer agrees to participate in an
alternate financing method for the completion of said improvements on a fair share,
proportionate basis as determined by square footage of property, taxable valuation
of the property, traffic contribution from the development, or a combination thereof.
7. The Annexation Agreement shall include notice that, prior to development, the
applicant will be responsible for installing any facilities required to provide full
municipal services to the property in accordance with the City of Bozeman's
infrastructure master plans and all City policies that may be in effect at the time of
development.
8. This property is located within the West Babcock Street SID No. 683. payback
boundaries and the Far West sewer boundaries. These paybacks must be made
prior to the initiation of construction on any of the infrastructure improvements for
this subdivision. The payback rates are as follows:
a. West Babcock Street SID No. 683: $5,485.38/gross acre
b. Far West Sewer: $467 .18/gross acre
9. Prior to any development of the subject annexation, a stormwater drainage and
grading plan shall be provided to and approved by the City Engineer. The plan must
demonstrate that adequate treatment of runoff from the public streets and all future
lots will be achieved by providing spot elevations, flow direction arrows, detention
and/or retention basin details (including basin sizing calculations and basin typical
sections), outlet structure details, and culvert capacity calculations. The plan must
also locate and provide easements for adequate drainage ways within the
annexation area to transport treated runoff to the stormwater receiving channel.
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10. The applicant shall provide and file with the County Clerk and Recorder's office an
executed Public Street and Utility Easement for the south half (additionaI121h feet)
of West Babcock Street.
11. A detailed Traffic Impact Analysis Report may be required prior to future
development of the subject annexation.
12. Prior to development of the subject annexation, the applicant's engineer will be
required to prepare a comprehensive design report evaluating the existing capacity
of both the water and sewer utilities. The report must include hydraulic evaluations
of each utility for both existing and post development demands. The report findings
must demonstrate that adequate capacity is available to serve full development of
the annexation area.
If adequate water and/or sewer capacity is not available for the full development, the
report must identify the water and sewer system improvements required to provide
the necessary capacity. Any improvements necessary to serve the full development
must be in place prior to further development of the site.
13. Upon annexation and upon availability of service, any existing residences/
businesses on the property must be connected to City water and sewer utilities. The
existing on-site treatment systems must be properly abandoned and certification
provided the abandonment occurred. Any wells presently used for domestic
purpose can be retained for irrigation only with no physical connection to domestic
water piping.
14. Landowner understands and agrees that any contiguous parks, open space, and/or
trails shall be extended to the annexed property and that location, facility type, and
other park development issues will be coordinated between landowner and
reasonably anticipated development on adjacent property. While coordination is
needed, final approval will remain with the City, and landowner will be responsible
for the development of their property to the standards required by ordinance or
development approval on their property.
Mr. James Nickelson, Morrison-Maierle, representing the applicants, stated the reason for
annexation is to allow the land to be connected to municipal services and developed at reasonable
densities. He noted that, given the location of this property, it is an infill project.
No one spoke in opposition to the requested annexation.
Since there were no Commissioner objections, Mayor Cetraro closed the pUblic hearing.
Decision
It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that the request to
annex 3.34 acres described as Tracts 1 B, 7 and 8, Cahill Subdivision, and the adjacent public rights-of-way,
as requested by SAAM Real Estate, Dan Barnes and John Helvey under Application No. A-05004, be
approved and that staff be directed to prepare an Annexation Agreement addressing Item Nos. 1 through
14 listed above and a resolution of annexation for Commission consideration. The motion carried by the
following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Krauss,
Commissioner Youngman and Mayor Cetraro; those voting No, none.
Zone Map Amendment - establish initial municipal zonina desianation of "R-3". Residential- Medium-
density. on 3.34 acres Iyina along Wilda lane. south of West Babcock Street - SAAM Real Estate. Dan
Barnes and John Helvey (Z-05051)
This was the time and place set for the public hearing on the Zone Map Amendment requested by
SAAM Real Estate, Dan Barnes and John Helvey under Application No. Z-05051, to establish an initial
municipal zoning designation of "R-3", Residential-Medium-density, on 3.34 acres described as Tracts 1 B,
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7 and 8, Cahill Subdivision, and the adjacent public rights-of-way. The subject property lies along Wilda
Lane, extending southward from West Babcock Street.
Public hearing
Mayor Cetraro opened the public hearing.
Assistant Planning Director Chris Saunders presented the staff report. He reviewed the surrounding
zoning designations and uses, which range from commercial to single-family and multi-family residential
and residential development within the county, and characterized this as an eclectic area.
The Assistant Planning Director noted that staff has reviewed this application in light of the
applicable criteria, and staff's comprehensive findings are contained in the written staff report. Based on
those findings, staff recommended approval of the requested zoning. The Zoning Commission held its
public hearing on this application at its May 17 meeting. Following that hearing and discussion, the Zoning
Commission found it could not support the requested zoning, but forwarded a recommendation for "R-1",
Residential-Si ng le-household-Low-density.
Mr. James Nickelson, Morrison-Maierle, stated the property on both sides of this subject property
is zoned "R-3", and the mix of single-family, duplex and multi-family housing along Wilda Lane reflects that
zoning designation. He raised the potential that an "R-1" zoning for this small area might be deemed spot
zoning, since the only other "R-1" zoning is to the north, across a major street that might be viewed as a
natural boundary for a change in zoning. He then reviewed the uses allowed in the County's general
residential zone, stressing it includes a variety of housing types that closely reflects the City's "R-3" zoning
designation. He concluded by asking the Commission to approve the zone map amendment as requested
rather than as recommended by the Zoning Commission.
Mr. Dan Barnes, applicant, stated the intent is to provide additional housing along Wilda Lane, and
the requested "R-3" designation allows more flexibility, including the opportunity for townhouses and
affordable housing. He cautioned that an "R-1" zoning designation will allow for single-family homes only
and will drive up the costs of those units.
Mr. Ron Dingman, 215 Wilda Lane, noted he has lived there for twenty years. He voiced opposition
to the requested "R-3" zoning and encouraged the Commission to approve the "R-1" zoning recommended
by the Zoning Commission. He stated that, at the present time, there are only three single-family residences
on Wilda Lane; the remainder are multi-family units. The Bozeman 2020 Community Plan calls for a mix
of uses, and he feels the "R-1" zoning will provide that. He further cautioned that Wilda Lane is a dead end
road, without a cul-de-sac or a "T" at the end.
Ms. Cheryl Smith, owner of 217 Wilda Lane, noted she owns a duplex that she currently rents. She
has no problem with zoning that allows duplexes but does not believe "R-3" zoning is appropriate. She
concluded by noting that Wilda Lane is currently in the county, but the residents along that street have been
impacted by City decisions over the years since they are surrounded by the city.
Mr. Mike Christie, 3104 West Babcock Street, stated he lives directly east of the subject property.
He noted that, while the area is zoned "R-3" , it is all single-family homes and, as a result, he would like to
see this subject property also developed as a single-family area. He feels the paving of Wilda Lane and
installation of City infrastructure will enhance the area, particularly in light of the fact that Block 7 is currently
out of compliance with the Health Department regulations for sewer systems. He concluded by stating he
does not support the requested "R-3" zoning designation.
Ms. Ginny Dingman, 215 Wilda Lane, encouraged the Commission to accept the Zoning
Commission recommendation, noting it will protect the integrity of existing development along Wilda Lane.
She further cautioned that adding density on a small dead end road would be detrimental to the area.
Mr. James Nickelson noted that any development proposal must comply with the unified
development ordinance and will be reviewed by the appropriate bodies, thus providing an opportunity to
address the issue of the existing dead end road. He further noted that connection to City services will
address the septic system issues.
Since there were no Commissioner objections, Mayor Cetraro closed the public hearing.
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Decision
Commissioner Krauss noted that the density development allowed on Lincoln Street has degraded
that area and, as a result, he finds it extremely important to respect existing development along the urban
edge of the community. He voiced his interest in ensuring that development of this subject property be done
on City services, not on septic systems. He concluded by indicating that he would support a zoning
designation that allows duplexes but precludes tri-plexes and four-plexes.
Commissioner Hietala expressed his interest in a zoning designation that would blend with the
existing neighborhood.
Commissioner Youngman stated she could support either "R-1" or "R-2" zoning for this site, noting
it is important to respect the existing fabric of the street.
Mayor Cetraro stated he could support an "R-2" zoning designation, stating he feels that fits with the
surrounding neighborhood.
It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the Zone Map
Amendment requested by SAAM Real Estate, Dan Barnes and John Helvey under Application No. Z-05051 ,
be initially approved by establishing an initial municipal zoning designation of "R-2", Residential- Two.-
household- Medium-density, on 3.34 acres described as Tracts 1 B, 7 and 8, Cahill Subdivision, and the
adjacent public rights-of-way, and that staff be directed to bring back an ordinance enacting the amendment
subject to the following conditions:
1. That the ordinance of the Zone Map Amendment shall not be adopted until the
Annexation Agreement is signed by the applicant and formally approved by the City
Commission and the resolution of annexation is adopted. If the annexation is not
approved, the application shall be null and void.
2. That the applicant submit a zone amendment map, titled "Wilda Lane Zone Map
Amendment", on a 24-inch by 36-inch mylar, 8'1f2-inch by 11-inch, or 8~-inch by 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 adjoining rights-of-way and/or
street access easements (i.e., West Babcock Street and Wilda Lane).
3. That the ordinance for the Zone Map Amendment shall not be drafted until the
applicant provides a metes and bounds legal description prepared by a licensed
Montana surveyor and map of the area to be rezoned, which will be utilized in the
preparation of the ordinance to officially amend the zone map.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Krauss,
Commissioner Youngman, Commissioner Hietala and Mayor Cetraro; those voting No, none.
Growth Policy Amendment - amend land use desianation from "Future Urban" to "Residential" on
:!:196.4 acres Ivina alona the west side of South 19th Avenue between Stucky Road and Blackwo9d
Road extended - JCD. LLC (P-05010)
This was the time and place set for the public hearing on the Growth Policy Amendment requested
by JCD, LLC, under Application No. P-05010, to amend the land use designation from "Future Urban" to
"Residential" on :t196.4 acres described as Lot 3 and Lot 4, Minor Subdivision No. 235 plus portions of
unplatted properties lying in the South one-half of Section 23, Township 2 South, Range 5 East, Montana
Principal Meridian, and adjacent public rights-of-way. The subject property lies along the west side of South
19th Avenue between Stucky Road and Blackwood Road extended.
Public hearing
Mayor Cetraro opened the public hearing.
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Senior Planner Dave Skelton presented the staff report. He noted the applicants have requested
annexation of 286 acres, and the land use designation on two-thirds of that property is "future urban". In
conjunction with annexation of the property, a change in land use designation is required; and a "residential"
land use designation is being sought.
The Senior Planner highlighted the features of the subject property, noting it is currently in
agricultural use. He drew attention to the vegetation in the southeast corner of the property and noted that
three watercourses traverse the property.
Senior Planner Skelton stated annexation of this property is being considered under Part 46;
therefore, the annexation is not subject to a public hearing. It is, however, subject to review under the goals
and policies established by the Commission and the requirement for an annexation agreement. He
reminded the Commission that the petition for annexation and the staff report were on the consent agenda
for the June 6 meeting.
The Senior Planner stressed that no subdivision proposal is being considered at this time, although
a pre-application has been received by the Planning Office and will be on an upcoming agenda.
Senior Planner Skelton stated that staff has reviewed this application in light of the applicable
criteria, and staff's comprehensive findings are contained in the written staff report. Based on those
findings, staff has forwarded a recommendation for approval upon annexation of the subject property. He
then reviewed the anticipated extension of services to and through the subject site in conjunction with
development, including water, sewer and streets. He stated that the possibility of providing for commercial
services on this site was also considered; and it was determined those services would be better provided
along Fowler Avenue at either Stucky Road or Goldenstein Lane.
Mr. Don Seifert, 5700 Fowler Lane, stated he represents 160 acres to the southwest of this subject
property. He noted the agricultural neighbors in that area have been great neighbors and wonderful
stewards of the land. His primary issue is groundwater, particularly since it is only 18 inches below the
surface. He voiced concern that Chapter 8 of the Bozeman 2020 Community Plan mainly addresses
contamination and not groundwater levels. He also noted that the City is not necessarily a good neighbor
when it comes to groundwater, particularly since some of the construction techniques used today destroy
groundwater or change its course, thus affecting properties downstream. He concluded by stating that
development should be discouraged in those areas with high groundwater.
Mr. Henry Dowling, 5532 Fowler Lane, stated development of this site will be in his back yard, where
he has horses, electric fences and water. He lives on a narrow dirt road, and traveled by three or four horse
ranches and several cow herds to attend this meeting. He stated that a view of the town from the "M" shows
a lot of agricultural land currently in the city and questioned why this finger of land is being considered. He
acknowledged that development of this property may be appropriate in twenty years but not at this time.
Ms. Joan Cook, 6115 Fowler Lane, stated she represents owners of over 1,000 acres who are
working to create the Fowler Family Farm Neighborhood Plan to protect the area. She asked that the
Commission choose the least dense and most compatible land uses to that plan. She noted that Fowler
Avenue is unique and unpaved at this time, allowing children to ride bicycles and people to ride horses
without fear for their safety. She voiced concern that, with paving of that road, those opportunities will be
lost. She proposed the following items to lessen the problems of urban density development adjacent to
agricultural uses: (1) select the lowest density single-family homes, preferably one home per 20 acres; (2)
require that a berm be built along the south and west sides with large trees and bushes; and (3) require that
the developers donate a 20-foot-wide strip for a trail extending from Stucky Road to Hyalite. She noted that
these three items would help eliminate conflicts between children and dogs and the adjacent livestock.
Mrs. Chris Seifert, 5700 Fowler Lane, stated that she, too, is concerned about water and asked that
the developers be required to monitor water levels to ensure the integrity of the groundwater. She also
expressed concern that, if her cows get into the new development, the result could be unfriendly
discussions. She supported the suggestions offered by Mrs. Cook, noting that separation of the uses is
important. She then acknowledged that access to this property is important; however, she does not want
that access to impact her property or her finances. She concluded by asking the Commissioners to carefully
consider the roads, water, fences and neighbors.
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n. _.___....__
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Mr. Greg Allen, consulting engineer representing the applicants, stated that access to the subject
site will not affect anyone but the applicants. He then indicated that an easement is anticipated behind the
homes, and a park is planned along the west side. He stated they have tried to be sensitive to comments
from staff and the Commission and he feels a good development can result.
Senior Planner Skelton stated the issues that have been raised in the public testimony are legitimate
concerns and will be addressed during the subdivision review.
Responding to Commissioner Youngman, Senior Planner Skelton stated that groundwater testing
can be done over a twelve-month period, or logs from the immediate area can be acquired. He cautioned,
however, that if the data is not from the subject site, staff must determine how legitimate it is. He noted that,
in the past, high groundwater has been addressed by placing restrictions on basements; however, that
restriction does not address dewatering during the installation of infrastructure.
Commissioner Youngman noted that those restrictions also do not address the effects on
groundwater flow or the impacts on adjacent property owners. She stated that specific data for this property
is critical and stressed the importance of being sensitive to and restrictive on groundwater issues.
Since there were no Commissioner objections, Mayor Cetraro closed the public hearing.
Decision
Commissioner Youngman voiced her support for the proposed growth policy amendment. She
noted that, as long as the County does not have zoning, she finds it imperative to annex and zone the
property to ensure development that is compatible with the area but appropriate for extension of the city
limits.
It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the Growth
Policy Amendment requested by JCD, LLC, under Application No. P-05010, to amend the land use
designation from "Future Urban" to "Residential" on ::1:196.4 acres described as Lot 3 and Lot 4, Minor
Subdivision No. 235 plus portions of unplatted properties lying in the South one-half of Section 23, Township
2 South, Range 5 East, Montana Principal Meridian, and adjacent public rights-of-way, be approved subject
to the following conditions:
1. The applicant shall submit, within thirty (30) days of approval by the City
Commission, an 8Y:z-inch by 11-inch or 8Y:z-inch by 14-inch exhibit entitled "JCD
Growth Policy Amendment" to the Planning Department containing an accurate
description of the property forwhich the growth policy designation is being amended.
The exhibit must be acceptable to the Planning Department.
2. The resolution for the growth policy amendment shall not be drafted until the
applicant provides an exhibit of the area to be redesignated, which will be utilized
in the preparation of the resolution to officially amend the Future Land Use Map of
the Bozeman 2020 Community Plan.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman,
Commissioner Hietala, Commissioner Krauss and Mayor Cetraro; those voting No, none.
Zone Map Amendment - establish initial municipal zonina desianations of "R-1" , Residential-Sinale
household-low density, "R-2" , Residential-Two-household-Medium density. "R-3" Residential-
Medium density, "R-4", Residential-High density, and "PU", Public lands and Institutions, on ::t:286
acres IYina alona the west side of South 19th Avenue between Stuckv Road and Blackwood Road
extended - JCD. llC (Z-05048)
This was the time and place set for the Zone Map Amendment to establish municipal zoning
designations of "R-1", Residential-Single household-Low density, "R-2", Residential- Two-household-
Medium density, "R-3" Residential-Medium density, "R-4", Residential-High density, and "PU", Public
Lands and Institutions, on ::1:286 acres described as Minor Subdivision No. 235 plus portions of unplatted
properties lying in Section 23, Township 2 South, Range 5 East, Montana Principal Meridian, and adjacent
06-20-05
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public rights-of-way, as requested by JCD, LLC, under Application No. Z-05048. The subject property lies
along the west side of South 19th Avenue between Stucky Road and Blackwood Road extended.
Public hearing
Mayor Cetraro opened the public hearing.
Contract Planner Lanette Windemaker presented the staff report. She noted the applicants are
seeking a range of residential zoning designations plus Public Lands and Institutions on two acres for a
future fire station.
The Contract Planner stated that staff has reviewed this application in light of the applicable criteria,
and staff's comprehensive findings are contained in the written staff report. Based on those findings, staff
identified a concern about the specificity of the zoning designations requested and the potential that those
zonings mayor may not be in the appropriate locations when the subdivision is considered. As a result,
staff recommended approval of "R-4" zoning for the property lying north of Graf Street and "R-3" for the
property lying south of Graf Street, with the location of the two-acre "PU" zoned parcel to be determined at
a later date. She suggested that the elimination of the "R-1" and "R-2" zoning designations can be
addressed through covenants, thus assuring compatibility with the adjacent uses. She then noted the
Zoning Commission considered this application at its May 17 meeting and concurred in staff's
recommendation.
Responding to Commissioner Youngman, the Contract Planner stated that a master plan for
development of the property is required in conjunction with the annexation. At that time, steps can be taken
to ensure this base document provides the mix of densities desired and that development along the west
side of the property is compatible with existing uses.
Commissioner Youngman voiced her concern that "R-3" and "R-4" zoning designations can put
pressure on the purchase price and negatively impact the adjacent agricultural uses. She also stressed the
importance of ensuring issues such as groundwater can be adequately addressed.
Senior Planner Dave Skelton noted that the Alder Creek Subdivision is being developed through a
planned unit development that provides a mix of uses and affordable housing under a very specific master
plan. He noted that a plan for development must be approved by the Commission in conjunction with
annexation of the property.
City Attorney Luwe noted that the testimony from the previous public hearing applies to this public
hearing as well.
Mr. Greg Allen, consulting engineer representing the applicants, acknowledged the concerns that
have been expressed about the "R-3" and "R-4" zoning designations for the entire parcel. He voiced a
willingness to add deed restrictions to limit development to single-family homes within certain areas. He
noted that higher densities are anticipated near South 19th Avenue with lower densities adjacent to the
existing farmlands. He concluded by encouraging approval of the zoning as recommended by the Zoning
Commission.
Mr. Henry Dowling, 5532 Fowler Lane, encouraged the Commission to establish an "R-1" zoning
designation along the western portion of this property and to require a buffer as discussed in the previous
hearing.
Mrs. Joan Cook 6115 Fowler Lane, voiced concern that, as soon as high-density housing is
constructed adjacent to agricultural land, those agricultural users are forced to leave. She stated that "R-1"
zoning is the least disruptive to the existing land uses and encouraged the Commissioners to enact that
zoning designation.
Mr. Don Seifert, 5700 Fowler Lane, stressed it is not the Commission's job to make it easy for the
developer; rather, he encouraged the Commissioners to make the zoning as restrictive as possible and
require the applicants to prove that a less restrictive zoning is needed.
Ms. Renee Sippel-Baker, 3781 Sourdough Road, stated she grew up in the valley and has lived on
the edges of town, including North 5th Avenue and now Sourdough Road, and recognizes the problems that
06-20-05
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come with density adjacent to agricultural uses. She appreciates the developers' efforts to preserve some
of the natural amenities on this subject property, stating she feels that the land will set itself off well. She
asked the developers and the Commission to be sensitive to the area and allow for less dense areas
adjacent to the agricultural uses to provide a nice transition.
Mr. Greg Allen noted that the unified development ordinance requires a density of six units per acre,
and that cannot be accomplished under the "R-1" zoning designation. He then encouraged Commission
approval of the zoning as recommended by staff and the Zoning Commission.
Planning Director Andy Epple stated the only exception to the required density of six units per acre
is the "RS" zoning designation.
Since there were no Commissioner objections, Mayor Cetraro closed the public hearing.
Decision
Responding to questions from Commissioner Hietala, Planning Director Epple indicated that this
application is going through the standard review process.
Commissioner Hietala stated he would prefer to see an informal application for development prior
to acting on the requested zone map amendment. He then noted he expects to see extensive buffering on
the western edge of the property. He recognized that the community will be growing, possibly to 90,000
within the next twenty years, and that it is important to annex properties to accommodate that growth. He
stressed the importance of ensuring that development fits within the overall master plan for the subject area
and the community.
Commissioner Youngman noted the Commission has the opportunity to not approve the master plan
for development of this property when it is submitted in conjunction with the annexation.
Senior Planner Skelton stated he anticipates a pre-application for development of this property will
be submitted long before the annexation agreement and master plan are submitted.
Commissioner Krauss stated that development within the city limits is to be at urban-not suburban-
densities. He voiced support for developing the property out to the edge, although he does feel allowing
a substantial amount of "R-1" type development within the project is appropriate. He then noted that a few
years ago, it seemed the Genesis Business Park was leapfrog development; development of this property
will extend that development even further south. He concluded by asking if establishing the PLI zoning is
essential at this time, particularly since its location is not known.
City Manager Chris Kukulski stated it is important to establish a two-acre parcel for a future fire
station but suggested that the exact location of that site can be identified between now and the time the
ordinance enacting the zone map amendments is adopted.
Commissioner Krauss suggested that the Commission consider a less dense zoning designation
at this time, adjusting it to a more dense designation later if necessary.
Commissioner Youngman responded she does not feel it is appropriate to arbitrarily establish "R-1"
and "R-2" zoning for the subject property, although she's also not comfortable with the recommended "R-3"
and "R-4" zoning designations.
In response to the Commission discussion, Planning Director Epple suggested the issues and
concerns that have been raised can be addressed through a planned unit development. He cautioned,
however, that the planned unit development is limited by the underlying zoning, and the "R-3" zoning
designation allows flexibility of residential development ranging from single-family to five-unit townhouse
clusters.
Commissioner Hietala suggested that density can possibly be limited by establishing a maximum
number of lots in the master plan provided with the annexation agreement.
Commissioner Youngman suggested that buffering adjacent to the agricultural uses can also be
addressed in conjunction with the annexation agreement and attendant master plan.
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Mayor Cetraro stated support for the zoning designations proposed by the Zoning Commission,
noting they will provide more flexibility in development.
It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that the Zone Map
Amendment requested by JCD, LLC, under Application No. Z-05048, be initially approved by establishing
municipal zoning designations of "R-3" Residential-Medium density, "R-4", Residential-High density, and
"PU", Public Lands and Institutions, on :i:286 acres described as Minor Subdivision No. 235; the SE1f4 ofthe
SEX of Section 23, described on Film 115, Page 3747; the SWX of the SEX and the SEX of the SW1f4 of
Section 23, both described on Film 162, Page 677; the remainder of the NWX of the SEX of Section 23
excepting those lands excepted on Film 162, Page 677; the remainder of the SW1f4 of the NE1f4 of Section
23 excepting those lands excepted on Film 162, Page 677; and the concurrent common boundary
realignment between Tract 2 of Book 152, Page 474 Plat, and Tract 7, Film 80, Page 2066, Township 2
South, Range 5 East, Montana Principal Meridian, and adjacent public rights-of-way, subject to the
following conditions:
1. The applicant shall submit to the Planning Office a zone amendment map titled
"JCD Zone Map Amendment" on: 1) a 24-inch by 36-inch mylar; 2) an ml:2-inch by
11-inch 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.
2. The ordinance for the zone map amendment shall not be adopted until the resolution
of annexation is completed and adopted by the City Commission. If the annexation
is not approved, the zone map amendment application shall be void.
3. The property north of Graf Street shall be classified as "R-4" , Residential-High-
density; the property south of Graf Street shall be classified as "R-3",
Residential-Medium-density; and up to two (2) acres for the purpose of a fire station
complex with the land, subject to review and approval of the Bozeman Fire
Department, shall be classified as "PU", Public Lands and Institutions. This is not
intended to preclude the applicant from applying for other residential zoning
classifications at a later date.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala,
Commissioner Krauss, Commissioner Youngman and Mayor Cetraro; those voting No, none.
Commission Resolution No. 3807 ~ revisina fees for permits in the residential Darkina districts
Included in the Commissioners' packets was a copy of Commission Resolution No. 3807, entitled:
COMMISSION RESOLUTION NO. 3807
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
INCREASING RESIDENTIAL, EMPLOYEE AND VISITOR PARKING PERMIT FEES AND
PERMIT TRANSFER FEES FOR THE MONTANA STATE UNIVERSITY AND THE
BOZEMAN SENIOR HIGH SCHOOL RESIDENTIAL ON-STREET PARKING PERMIT
REGULATION PROGRAMS.
City Manager Chris Kukulski briefly highlighted the changes in fees that are included in this
resolution. He noted that the Parking Commission has taken seriously its new powers and duties and has
considered the fees for residential parking permits, which have not been adjusted since the creation of the
districts. Based on their review of the program, the Parking Commission has recommended that permit fees
for residents, visitors and employees all be set at $10 and that those fees not be prorated.
Commissioner Hietala indicated he does not support the proposed change in fees.
06-20-05
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It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that Commission
Resolution No. 3807, revising fees for permits in the residential parking districts, be adopted. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner
Youngman and Mayor Cetraro; those voting No being Commissioner Hietala.
Review of design for Durston Road Droiect westward from North 19th Avenue
Included in the Commissioners' packets was a memo forwarding the proposed design for
improvements to Durston Road from North 19th Avenue to Fowler Avenue. Also included in the packets
were letters from Ethel Hanson, Janet Swenson, Colleen Messina, Michael Koster and Holiday Companies
forwarding comments on the proposed road design and expressing concern about the proposed concrete
medians.
Project Engineer Sue Stodola distributed two exhibits showing the option of street improvements
with raised medians in the center. She noted that one of the issues to be addressed is whether to design
the improvements with a two-way left turn lane in the center or a raised median that limits left turn
maneuvers. She recognized that the improvements to Durston Road westward from North 19th Avenue has
been identified as a top priority project, with construction to be undertaken in early 2006.
The Project Engineer noted that the two options for the street design were presented to residents
at an informational meeting held on May 24. One option includes a concrete median, one traffic lane each
direction, bike lanes, boulevard and sidewalks. That option would use the entire right-of-way width, which
includes 30 feet on the south side and 45 to 50 feet on the north side, with the boulevard varying in width
from 4 feet to 10 feet. She then reviewed the other option, which includes a two-way left turn lane with
undefined left turning, noting that option could be constructed in a 50-foot back-of-curb to back-of curb
configuration rather than the 55-foot width required with the median. This reduction in width would more
closely match the roadway east of North 19th Avenue and could ensure the preservation of some large
mature trees on the north side of the street.
Project Engineer Stodola reviewed the pros and cons of the two options, noting the raised medians
facilitate higher traffic volumes, define left turns, and provide pedestrian refuge; but would cost more to
construct, result in increased maintenance costs, and impact the mature trees on the north side of the
street. The two-way left turn center lane could provide better access from the street to adjacent properties,
result in less maintenance, better align with the road improvements to the east, and reduce impacts on the
mature trees; however, it results in undefined left turns that can result in slowing traffic.
The Project Engineer stated that staff's recommendation for the design includes a raised median
from North 19th Avenue past North 21st Avenue because of the intersection, which currently operates at
a Level of Service E. He noted that Commission direction is not essential at this meeting but asked that it
be provided within the next few weeks so the consulting engineer can prepare final construction plans and
documents for bidding early next year.
Mr. Victor Sacco, Holiday Companies, thanked staff members for their willingness to meet with him
earlier today to discuss the design. He recognized the need to ensure the intersection of North 19th Avenue
and Durston Road operates at an appropriate level of service. He asked, however, that the median not be
installed until the number of vehicles and the level of service reach a predetermined point. He expressed
concern that the proposed median shuts off full access to their store and noted they are currently looking
for other locations in Bozeman upon which to construct a new facility. He recognized that it is incumbent
on his business to inform customers of alternate routes to reach their facility but asked that he be allowed
to work with staff to keep access to the site open at this time.
Ms. Deb Stober, 395 Valley Drive, spoke on behalf of the NorthWest Neighborhood Network. She
stated the group hopes for a much easier process than the West Babcock Street project, and voiced
concern about the notice that the neighborhood has received. She also noted the neighborhood has not
seen the plans the Commissioners have received and were unable to take copies of the plans presented
at the informational meeting in May. She stated that at the May meeting, the neighborhood was told the
design would include a median and this presentation suggests other plans. She then forwarded the
neighborhood's concerns about blocking access to North 20th Avenue and North 21 st Avenue and the
increased potential for cut through traffic that would result.
06-20-05
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Mr. Mike Christie, 3104 West Babcock Street, voiced his opposition to raised concrete medians,
noting they are often torn up and create a huge maintenance issue in Montana. He indicated that, although
he does not like medians, he recognizes the need for one between North 19th Avenue and North 21 st
Avenue because of the traffic volumes through that intersection and the need to limit conflicting movements.
Mr. Roger Smith, 2305 Durston Road, noted that he grew up on this road. He feels the proposed
medians would create more problems than safety. He voiced his support for a design that is consistent with
the improvements to Durston Road east of North 19th Avenue.
Ms. Ann Thorson, 320 North 21 st Avenue, expressed concern that if the median blocks access to
North 20th Avenue and North 21 st Avenue, the result will be traffic through their residential neighborhood.
Commissioner Youngman asked that the Commission not make a commitment on a design at this
work session but that the proposed designs be weighed against the designs in the Greater Bozeman Area
Transportation Plan, 2001 Update before a conscious decision is made to possibly deviate from those street
designs. She also noted the public has not had an opportunity to provide meaningful input and suggested
a work session with the Commission could be beneficial.
Commissioner Krauss indicated he could support a meeting between the consulting engineer and
representatives of the neighborhood, particularly since this is an important issue that involves the area. He
asked that the presentation and discussion include the street design in the Greater Bozeman Area
Transportation Plan, 2001 Update as well as the proposed designs for this roadway so the group can better
understand the issues and provide meaningful comment. He cited safety as a primary issue that he, as
a Commissioner, will take into consideration when making a decision. He also stressed the importance of
thinking into the future when making a decision on the road design, particularly since he views this as an
alternative to Huffine Lane, and cautioned that "if it's built like a raceway, it will be a raceway."
Commissioner Hietala indicated that he, too, is concerned about safety and wants to avoid the
raceway effect. He asked for alternatives to medians that would have a calming effect while allowing traffic
to move well.
As a result of discussion, it was determined another meeting should be held with the neighborhood,
and that the meeting be declared a special Commission meeting. It was also noted that the meeting should
include an educational component so the neighborhood understands the street designs in the transportation
plan and recognizes a different design reflects a deviation from that plan.
It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that staff be
directed to organize a neighborhood meeting as soon as possible and that it be declared a special
Commission meeting so that a majority of the Commissioners may attend if they so choose, and that this
item be placed on an agenda as soon thereafter as possible for Commission consideration and action. The
motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman,
Commissioner Hietala, Commissioner Krauss and Mayor Cetraro; those voting No, none.
Discussion ~ FYI Items
The following "For Your Information" items were forwarded to the Commission.
(1 ) E-mail from Sandy Dodge forwarding the Recreation and Parks Advisory Board committee
on the proposed expansion of Aspen Pointe.
(2) Letter from Don Kreitz, 2001 Fairway Drive, encouraging the Commission to consider a
variety of questions as it acts on the Town and Country Grocers application.
(3) Letter from Kit Hamley, 20 Indian Paintbrush Drive, encouraging the City to decrease its use
of salt on the roads.
(4) Road improvement update on the Beartooth Highway for the week of June 20 to 26, 2005.
(5) Updated list of planning projects to be considered at upcoming Commission meetings, dated
June 20.
06-20-05
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(6) Minutes from the Cemetery Board meeting held on May 5, 2005.
(7) Agendas for the County Commission meetings to be held at 9:00 a.m. on Tuesday, June 21,
and at 1 :30 p.m on Wednesday, June 22, at the Courthouse.
(8) Agendas for the Zoning Commission meeting to be held at 7:00 p.m. and the Planning Board
meeting to be held at 7:30 p.m. on Tuesday, June 21, in the Commission Room.
(9) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on
Wednesday, June 22, in the Commission Room.
(10) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Wednesday, June
22, in the Commission Room.
(11) City Manager Chris Kukulski submitted the following. (1) Noted that Christine Yearly is
spearheading a fundraising campaign to acquire the Bonn property and donate it to the City for expansion
of the Gallagator Trail. He noted that she has asked that the City set up an account to accept the donations
and asked if the Commissioners are willing to do so; they agreed. (2) Announced that he will be absent
from the July 5 Commission meeting. (3) Stated he continues to get feedback from the community about
the need for better communication and suggested this could be accomplished by televising the Commission
meetings as a component of a negotiated cable television franchising agreement. He indicated that, at next
week's work session, he will present a proposal from a former employee of Bresnan Communications who
is interested in negotiating on behalf of the City and providing a final agreement for Commission action, then
managing that agreement for one year.
(12) Director of Finance Anna Rosenberry reviewed some of the changes to the budget document
that have been identified since its pUblication on Friday. She stated the MPEA personnel have voted to not
reopen the current contract, which changes all of the personnel costs for those individuals. Also, the
proposed budget includes a $1.3 million loan for the library that was not previously considered, to ensure
the general fund does not dip into the negative. She further noted that this budget anticipates the
construction of a transfer station, although she recognizes that issue is still not resolved. She concluded
by stating that some adjustments need to be made in the parking fee revenues in light of the Commission's
action this evening.
(13) Assistant City Manager Ron Breysubmitted the following. (1) Stated that over the next month
or so he will be bringing forward a blight study and urban renewal plan for the northeast neighborhood,
followed by a blight study and urban renewal plan for the North 7th Avenue corridor. (2) Noted that he has
received a petition for a one-block expansion of the MSU parking district in the South Grand Avenue area.
He had also anticipated a petition for South 8th Avenue near the Irving School but will proceed with the other
petition if that one is not received shortly.
(14) The Assistant City Manager noted that the NorthWest Neighborhood Network is having
trouble getting organized and is currently working outside the parameters of the City's neighborhood
program. He stressed that this organization needs to become more structured, with an elected leadership
that can speak for the group. In the meantime, he encouraged the Commissioners to recognize that this
is not an organized neighborhood but that those who speak are doing so for a small group.
Commissioner Krauss suggested that the City consider more aggressive use of e-mail to
communicate upcoming events to the various neighborhoods. He also noted it is important to encourage
the neighborhood groups to become more formal.
Commissioner Youngman suggested that information can be disseminated through the
neighborhood newsletter, or the City newsletter could be utilized if issues are of general community interest.
(15) Project Engineer Sue Stodola stated that, in light of the recent West Babcock Street SID
process, staff scheduled a pUblic input meeting after the preliminary design for Durston Road was
developed. Also, an e-mail list is being developed for those citizens who have indicated they want to be
informed about the project. In addition to the advertisement in Sunday's newspaper, an e-mail was sent
to the NorthWest Neighborhood Network on Thursday. At least two more public information meetings have
been scheduled, one before staff goes to the County Commission with a joint resolution for the special
06-20-05
- 17 -
improvement district and one prior to the public hearing on the intent to create the special improvement
district.
(16) Planning Director Andy Epple submitted the following. (1) Noted the note from the
Recreation and Parks Advisory Board endorsing the Aspen Pointe expansion project reflects that the
process has worked well. (2) Announced that the Gallatin County Planning Office has asked if the City
Commission wants to respond to the Black Bull Run Subdivision, which would preclude Durston Road from
connecting to Jackrabbit Lane as currently proposed. He suggested that presentation could be made at
next week's work session; a majority of the Commissioners indicated interest in looking at it. He then
indicated that this item will be submitted to the Transportation Coordinating Committee at its July meeting.
(3) Noted that the Cattail Lake Subdivision tabled earlier this evening has now become the Crestview
Apartments at Trout Lake project.
(17) Director of Public Service Debbie Arkell submitted the following. (1) Announced that the
transfer station bid opening has been delayed to June 28. (2) Noted that Engineering Assistant Andy Kerr
found Harrison Street has been constructed approximately 100 feet south of its right-of-way, which actually
runs through cemetery property. He is now working on the documentation needed to relocate the right-of-
way to the existing street location.
Adiournment - 10:00 p.m.
There being no further business to come before the Commission at this time, it was moved by
Commissioner Krauss, seconded by Commissioner Hietala, that the meeting be adjourned. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner
Hietala, Commissioner Youngman and Mayor Cetraro; those voting No, none.
~~
ANDR . CETRARO, Mayor
ATTEST:
GJrL / ~
ROBIN L. SULLIVAN
Clerk of the Commission
06-20-05