HomeMy WebLinkAbout2000-06-19 Minutes, City Commission
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
. June 19, 2000
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The Commission of the City of Bozeman met in regular session in the Commission Room,
Municipal Building, on Monday, June 19, 2000, at 3:00 p.m. Present were Mayor Youngman,
Commissioner Brown, Commissioner Frost, Commissioner Smiley, City Manager Johnson, Assistant
City Manager Brey, City Attorney Luwe and Clerk of the Commission Sullivan. Commissioner
Kirchhoff was absent.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
City Manager Johnson stated that staff has requested Commission Resolution No. 3368 be
removed for discussion, and Commissioner Smiley has requested that the Appropriation Resolution
be removed from the Consent Items for discussion.
Authorize absence of Commissioner Kirchhoff from this meetina, in compliance with Section
7-3-4322(2), M.C.A.
. It was moved by Commissioner Brown, seconded by Commissioner Frost, that the absence of
Commissioner Kirchhoff from this meeting be authorized in compliance with Section 7-3-4322(2),
M.C.A. The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Brown, Commissioner Frost, Commissioner Smiley and Mayor Youngman; those voting No, none.
Minutes - August 16, 1999, January 18, January 24, January 31. February 7, February 14, May 30,
May 31, June 5, and June 12, 2000
It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the minutes of
the meeting of August 16, 1999, be approved as submitted and that the minutes of the meeting of
June 12, 2000, be approved as amended. The motion carried by the following Aye and No vote:
those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Brown and Mayor
Youngman; those voting No, none.
Mayor Youngman deferred action on the minutes of the meetings of January 18, January 24,
January 31, February 7, February 14, May 30, May 31 and June 5, 2000, to a later date.
Ordinance No. 1518 - providina for revisions to prohibitions in public Darks, to not allow skateboards
in or on pavilions or staaes
Previously distributed in the Commissioners packets was a copy of Ordinance No. 1518, as
. approved by the City Attorney, entitled:
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ORDINANCE NO. 1518
. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
PROVIDING THAT THE BOZEMAN MUNICIPAL CODE, AS AMENDED BY ORDINANCE
NO. 1463, WHICH ORDINANCE IS NOT CURRENTLY CODIFIED IN THE BOZEMAN
MUNICIPAL CODE, BE AMENDED BY REVISING SECTION 12.26.030; PROVIDING FOR
REVISIONS TO PROHIBITIONS IN PUBLIC PARKS.
City Attorney Luwe noted the action recommended on the agenda is to table final adoption of
this ordinance to August 7. He forwarded other options for consideration, including adopting the
ordinance and then bringing back revisions at a future meeting or tabling to a different date. He
stressed that, in any event, an opportunity should be given for accepting public comment.
Mayor Youngman stated that, in light of the manner in which this item was placed on the
agenda, action on the ordinance is not possible at this meeting.
Commissioner Smiley suggested that revisions to this ordinance, prior to final adoption, will
result in the shortest implementation period possible.
Following discussion, the Commissioners concurred it would be best to table consideration of
the ordinance to a special meeting to be held at 7:00 p.m. on July 10, rather than tabling it to August
7.
City Attorney Luwe indicated that staff will bring back suggested revisions for Commission
consideration at that time.
. It was moved by Commissioner Smiley, seconded by Commissioner Brown, that final adoption
of Ordinance No. 1518, providing for revisions to prohibitions in public parks, be continued to a special
meeting to be called for an evening session of the July 10 meeting. The motion carried by the
following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Brown,
Commissioner Frost and Mayor Youngman; those voting No, none.
Ordinance No.1 51 9 - amendina the zoning desianation from "AS" to "M-1" on 1 8.906 acres located
in the SWv.... Section 36, T1 S, R5E, MPM (lyina north of Baxter Lane and bounded by 1-90 and
Gardner Simmental Plaza)
Previously distributed in the Commissioners' packets was a copy of Ordinance No. 1519, as
approved by the City Attorney, entitled:
ORDINANCE NO. 1519
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
AMENDING THE BOZEMAN ZONE MAP'S ZONING DISTRICT DESIGNATIONS BY
AMENDING THE ZONING DESIGNATION FROM "AS" (AGRICULTURE SUBURBAN
DISTRICT) TO "M-1" (LIGHT MANUFACTURING DISTRICT) ON 18.906 ACRES
LOCA TED IN THE SOUTHWEST ONE~QUARTER OF SECTION 36, TOWNSHIP 1
SOUTH, RANGE 5 EAST, P.M.M" GALLATIN COUNTY, MONTANA.
.
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It was moved by Commissioner Brown, seconded by Commissioner Frost, that Ordinance No.
1519, amending the zoning designation on 18.906 acres lying north of Baxter Lane and bounded by
. 1-90 and Gardner Simmental Plaza from "AS", Agricultural Suburban" to "M-1", Light Manufacturing,
be finally adopted. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Brown, Commissioner Frost, Commissioner Smiley and Mayor Youngman; those voting
No, none.
ADDointments to various boards and commissions: (A) Beautification Advisory Board: (B) Cemetery
Board: (C) Community DeveloDment Block Grant Economic DeveloDment loan Review Committee: (0)
Community Affordable Housino Advisory Board: (E) Desion Review Board: (F) Downtown Bozeman
ImDrovement District Board: (G) Historic Preservation Advisory Board: (H) library Board of Trustees:
m Parkino Commission: (J) Pedestrian/Traffic Safety Committee: (K) Recreation and Parks Advisory
Board: and (l) Tree Advisory Board
Included in the Commissioners' packets was a memo from Deputy Clerk of the Commission
Karen DeLathower, dated June 16, forwarding the list of applicants.
It was moved by Commissioner Frost, seconded by Commissioner Smiley, that Dawn Smith
be appointed to replace Joyce Lee and Marianne Filloux be reappointed to the Beautification Advisory
Board with three-year terms to be effective from July 1, 2000 through June 30, 2003; that Sian
Mooney be appointed to the Bozeman Area Bicycle Advisory Board, with an initial term to expire on
December 31, 2000; that Norm Thurston be appointed to replace Kim Allen Scott on the Cemetery
Board, with an initial term to expire on December 31,2001: that Jerry Bancroft be reappointed to the
Library Board of Trustees, with a five-year term to expire on June 30, 2005; that Bert Hopeman be
. appointed to replace Larry Bowman and that Christopher Pope be appointed to replace Bruce
McCallum on the Parking Commission, with terms to expire on June 30, 2001, and that Jeffrey Rupp
be appointed to replace Tim Fitzgerald and that Steve Schnee be appointed to replace John Shadoan
on the Parking Commission, with terms to expire on June 30, 2002; and that Shelly Engler and Steve
Gullickson be reappointed to the Tree Advisory Board, with two-year terms to expire on June 30,
2002. The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Frost, Commissioner Smiley, Commissioner Brown and Mayor Youngman; those voting No, none.
It was moved by Commissioner Frost, seconded by Commissioner Smiley, that Jack Thompson
be reappointed as the Capital Opportunities representative on the CDBG Economic Development Loan
Review Committee, with a two-year term to expire on June 30, 2002. The motion carried by the
following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley,
Commissioner Brown and Mayor Youngman; those voting No, none.
It was moved by Commissioner Brown, seconded by Commissioner Frost, that Peg Biekert be
reappointed as the City Finance representative, Charles Brodzki be reappointed as the legal
representative, and Susan Gallaher be reappointed as the real estate finance representative, on the
Community Affordable Housing Advisory Board, with three-year terms to expire on June 30, 2003,
and that Travis Schnicke be appointed to replace Tom Simkins as the construction industry
representative, with an initial term to expire on June 30, 2002. The motion carried by the following
Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Frost, Commissioner
Smiley and Mayor Youngman; those voting No, none.
. Following discussion regarding the new criteria for members of the Design Review Board, it
was moved by Commissioner Frost, seconded by Commissioner Smiley, that Daniel Glenn be
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reappointed as an architect, that Joanne Mannell Noel be reappointed as the architectural historian,
that Dick Po hi be reappointed as the landscape architect, and that Dawn Smith be appointed to replace
. Ed McCrone as a non~professional member on the Design Review Board, all with terms to be effective
on July 1,2000 and expire on June 30, 2002. The motion carried by the following Aye and No vote:
those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Brown and Mayor
Youngman; those voting No, none.
It was moved by Commissioner Smiley, seconded by Commissioner Brown, that the
Commission reconsider its appointment to the Beautification Advisory Board. The motion carried by
the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Brown,
Commissioner Frost and Mayor Youngman; those voting No, none.
It was moved by Commissioner Brown, seconded by Commissioner Frost, that Micheline
Bisaillon be appointed to replace Joyce Lee on the Beautification Advisory Board, with a two-year term
to expire on June 30, 2003. The motion carried by the following Aye and No vote: those voting Aye
being Commissioner Brown, Commissioner Frost, Commissioner Smiley and Mayor Youngman; those
voting No, none.
It was moved by Commissioner Smiley, seconded by Commissioner Brown, that the following
appointments be made to the Downtown Bozeman Improvement District Board (lDB): Bert Hopeman
be reappointed as a non-voting member, Steve Johnson be reappointed as a voting member, and Jeff
Rupp be appointed to replace Larry Bowman as a voting member, all with four-year terms to expire
on June 30, 2004. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Smiley, Commissioner Brown. Commissioner Frost and Mayor Youngman; those voting
No, none.
. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the following
appointments be made to the Historic Preservation Advisory Board, all with two-year terms to expire
on June 30, 2002: Maire O'Neill be reappointed as a professional member, Margaret Caven Heisick
and Anna Lee Purdy be reappointed as at-large members, and Dede Taylor be appointed to replace
Rachael Wallace as an at-large member. The motion carried by the following Aye and No vote: those
voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Brown and Mayor
Youngman; those voting No, none.
It was moved by Commissioner Frost, seconded by Commissioner Smiley, that Sandy Dodge
be appointed to replace Gwen Peterson on the Recreation and Parks Advisory Board, with an initial
term to expire on December 31, 2003. The motion carried by the following Aye and No vote: those
voting Aye being Commissioner Frost. Commissioner Smiley, Commissioner Brown and Mayor
Youngman; those voting No, none.
Discussion - FYI Items
City Manager Johnson presented to the Commission the following "For Your Information"
items.
( 1 ) Copy of a letter from Ed Musser, President of the City Planning Board, dated June 7.
to citizens of Bozeman and Gallatin County, seeking public input on the Bozeman 2020 Community
. Plan.
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(2) Copy of an e-mail submitted by City Manager Johnson regarding the status of the partial
closure of South 6th Avenue along the north side of West Cleveland Street.
. (3) Copy of a letter from US West Dex, Inc., dated June 8, announcing that a recycling
campaign will be held for outdated telephone books.
(4) Letter from Martha Drysdale, dated June 12, 2000, expressing concern about the
recent error in water billings that resulted in double billing this month.
(5) Flyer from the Gallatin County Criminal Justice System Coordination Group announcing
an informational meeting to be held at 7:00 p.m. on Tuesday, June 27, at the Holiday Inn.
(6) Letter from Cyndi Jakubek, 222 South Willson Avenue, dated June 15, accompanied
by copies of pictures, expressing concern about the unlawful parking of a red and white pickup on the
street for over two months.
(7) Copy of an article entitled Bright Side of The City, in the April 22, 2000, edition of The
Washington Post, as forwarded by the Planning Staff.
(8) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, June
20, at the Courthouse.
(9) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on
Tuesday, June 20, in the Commission Room.
. (10) Agenda for the City Planning Board meeting to be held at 7:00 p.m. on Tuesday, June
20, in the Commission Room.
(11 ) Agenda for the Transportation Coordinating Committee meeting to be held at 10:00
a.m. on Wednesday, June 21, in the Commission Room.
( 12) Minutes from the 9-1-1 Administrative Board meeting held on April 26, 2000.
( 13) Copy of an article entitled Snowmelt Peak Flows Have Occurred in Most Streams,
published in the Big Sky Lone Peak Lookout, as submitted by Commissioner Smiley.
( 14) City Manager Johnson stated he has received the latest proposed contract with
WalMart stores from Bay Area Economics (BAE), and has distributed copies to the Commissioners.
He stated that WalMart may have already signed the contract.
Commissioner Brown noted his daughter has done a lot of consulting, and she has suggested
it would be preferable for the contract to be with the City rather than with WalMart, to ensure that
the result is a product that meets the City's needs. He indicated that the arguments for having the
City sign the contract include the fact that the consultant has a natural tendency to meet the needs
of the contract signer.
The City Manager stated that WalMart must provide an economic impact study that satisfies
the City, and noted that the City will review the drafts of that study at the same time as WalMart
. does. He suggested, however, that, it may be possible to revise the signature block on the contract
to address Commissioner Brown's concerns.
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Responding to questions from Commissioner Frost, City Attorney Luwe stated that, as a client
and not a party to the contract, the City would have no enforcement rights.
. Following discussion, a majority of the Commissioners concurred that the contract should be
revised to include a joint signature block.
( 11) City Manager Johnson indicated that an upcoming work session item will be discussion
of a request to use a golf cart on the linear trail, noting that at that time the Commission will also be
asked to determine to what extent motorized units are to be allowed on the trail.
(12) Assistant City Manager Brey stated he has attended a variety of meetings over the past
week.
( 13) City Attorney Luwe stated that he will attend the Gallatin County criminal justice
meeting later this week.
( 14) Mr. David Smith, Executive Director of the Bozeman Area Chamber of Commerce,
stated that a FAMS familiarization tour is taking place in the area this week, and several writers from
Outdoor Life are spending a week at a number of area attractions as they do their annual editorial
brainstorming sessions.
( 15) Commissioner Brown forwarded concerns about recent changes for certain uses in
Bogert Park, including the significantly higher fees being charged for Farmers Market and not allowing
cars to park on the grass for the band concerts. He suggested that the chain be opened so that at
least the handicapped can park on the grass for the concert, since no staff person with a key will be
. present.
( 16) Commissioner Smiley submitted the following. (1) Distributed to the Commissioners
copies of a flyer she had found at a coffee shop, noting that the Commissioners' e~mail addresses
were on the back. (2) Stated the Gallatin County Trails Advisory Committee has developed a plan of
proposed trails for bikers and commuters as well as future connections into the county. She indicated
this information will be incorporated into the transportation plan.
( 17) Mayor Youngman asked if any Commissioner plans to attend the roadless initiative
hearing tomorrow night; none of the Commissioners indicated they would be attending.
(18) Mayor Youngman stated she has received an invitation from the Mayor of Jackson Hole
to attend a brainstorming meeting in that community.
City Manager Johnson stated that the coalition has been active for two years and, while
Bozeman has financially contributed, it has not been active in the meetings.
(19) Mayor Youngman stated County Commissioner Phil Olson has asked if there will be a
joint City/County meeting on July 31, possibly to consider the agenda previously developed for the
May meeting and a legislative discussion.
After discussion, the Commissioners agreed that a joint session to discuss possible mill levy/
ballot issues would be beneficial, and suggested that other municipalities also be invited to attend that
. meeting. They also agreed it should be held at the Courthouse.
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(20) Mayor Youngman stated that thirty Russian teachers are in Bozeman for six weeks to
learn about local government; and she will be meeting with them here at City Hall on July 3.
. Break - 4:21 to 4:26 p.m.
Mayor Youngman declared a break from 4:21 p.m., to 4:26 p.m., in accordance with
Commission policy.
Commission Resolution No. 3368 - intent to annex 200 acres located in the SE~ and that portion of
the SW~ Iyina east of the County road in Section 30, T1S, R6E. MPM (landfill, 2143 Story Mill
Road); set public hearina for July 17. 2000
Included in the Commissioners' packets was a copy of Commission Resolution No. 3368, 3S
approved by the City Attorney, entitled:
COMMISSION RESOLUTION NO. 3368
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN. MONTANA.
DECLARING IT TO BE THE INTENTION OF THE CITY OF
BOZEMAN. THE
INHABITANTS THEREOF AND THE INHABITANTS OF
A TRACT 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.
. City Manager Johnson noted that this resolution was removed from the Consent Items for
discussion. He indicated that this resolution sets the public hearing for July 17; however, the Zoning
Commission will not hear the application for zoning on this property until July 18. As a result, he
suggested the Commission adopt this resolution as revised to include a public hearing date of August
7, so that both the annexation and zoning can be considered at the same meeting.
It was moved by Commissioner Smiley, seconded by Commissioner Brown, that Commission
Resolution No. 3368, as amended to set the public hearing date for August 7,2000, be adopted. The
motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley,
Commissioner Brown, Commissioner Frost and Mayor Youngman; those voting No, none.
Commission Resolution No. 3370 - Appropriation Resolution for Fiscal Year 2000-2001
Included in the Commissioners' packets was a copy of Commission Resolution No. 3370, as
approved by the City Attorney. entitled:
COMMISSION RESOLUTION NO. 3370
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN. MONTANA.
APPROPRIA TING FUNDS FOR V ARIOUS BUDGET UNITS. AND FURTHER ESTIMATING
REVENUE NECESSARY TO OPERATE AND MAINTAIN SERVICES OF MUNICIPAL
. GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30, 2001.
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Commissioner Smiley stated she wants to amend the Appropriation Resolution to create a line
item appropriation of $5,700 for substitute judges.
. C,ity Manager Johnson noted that the Appropriation Resolution, as written, sets fund amounts
which cannot be exceeded; however, monies can be moved within those funds. He indicated that,
under Commissioner Smiley's proposal, the Appropriation Resolution would specifically include $5,700
for substitute judges and $274,386 for other City Court activities.
Responding to Mayor Youngman, the City Manager indicated that this would allow for
substitute judges on 38 days, which is the basis on which the budget was calculated.
It was moved by Commissioner Brown, seconded by Commissioner Frost, that Commission
Resolution No. 3370, as amended to include line items for substitute judges and other City Court
operations as identified above, be adopted. The motion carried by the following Aye and No vote:
those voting Aye being Commissioner Brown, Commissioner Frost, Commissioner Smiley and Mayor
Youngman; those voting No, none.
Consent Items
City Manager Johnson presented to the Commission the following Consent Items.
Acknowledae receiPt of staff report - reauest for annexation of 1.37 acres described
as a portion of the abandoned Chicaao. Milwaukee. St. Paul and Pacific Railroad
right-of-wav (between FiQQins Addition and Allison Subdivision) (A-0003)
. Commission Resolution No. 3366 - intent to annex 1.37 acres described as a portion
of the abandoned ChicaQo, Milwaukee. St. Paul and Pacific Railroad riaht-of-
way (between FiQains Addition and Allison Subdivision); set public hearina for
Julv 17. 2000
COMMISSION RESOLUTION NO. 3366
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN. MONTANA.
DECLARING IT TO BE THE INTENTION OF THE
CITY OF BOZEMAN. THE
INHABITANTS THEREOF AND THE INHABIT ANTS
OF A TRACT 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.
Acknowledae receipt of staff report - reauest for annexation of 27.730 acres described
as Lot 4A. Minor Subdivision No. 221A (1.000 feet south of intersection of
North 27th Avenue and East Vallev Center Drive) (A-0002)
Commission Resolution No. 3367 - intent to annex 27.730 acres described as lot 4A.
Minor Subdivision No. 221A (1.000 feet south of intersection of North 27th
Avenue and East Vallev Center Drive); set public hearina for Julv 17 , 2000
.
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COMMISSION RESOLUTION NO. 3367
. 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 INHABIT ANTS OF A TRACT 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.
Acknowledae receipt of staff report - reauest for annexation of 200 acres located in
the SEy... and that portion of the SWy... Iyina east of the County road in Section
30. T1 S. R6E. MPM (Landfill. 2143 Story Mill Road) (A.0004)
Authorize City Manaaer to sian - Amendment No.1 to Professional Services Aareement
~ MSE-HKM. Billinas. Montana ~ improvements to Durston Road (North 7th
Avenue to North 19th Avenue)
Authorize City Manaaer to sian - Utility and Access Easement and Aareement . State
Street Bank and Trust and U.S. Bancorp . ten.foot by four.foot easement (for
fire hydrant at northeast corner of East Babcock Street and South Black
Avenue)
Commission Resolution No. 3369 - certifyina delinauent assessments as of May 31,
2000 to the County
. COMMISSION RESOLUTION NO. 3369
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
DECLARING SEMI~ANNUAL SPECIAL ASSESSMENT INSTALLMENTS DUE AND
PAYABLE MAY 31, 2000, AND UNPAID AS OF 5:00 P.M. ON THAT DATE,
DELINQUENT, PURSUANT TO SECTION 7.12.4183, MONTANA CODE ANNOTATED,
AND AS PROVIDED BY CHAPTERS 2.32 AND 3.04 OF THE BOZEMAN MUNICIPAL
CODE, AND DIRECTING THE DIRECTOR OF FINANCE TO CERTIFY THE SAME TO THE
GALLATIN COUNTY TREASURER FOR COLLECTION.
Exemption from subdivision review. Jene Daniel and Dianna Hultman - Amended Plat
of Lots 1 and 2A of the Amended Subdivision Plat of McChesney Industrial Park
(alona southwest side of Nikles Drive) (E.0006)
Authorize expenditure of $1 ,670.88 as partial reimbursement for costs billed by the
State of Montana Department of Environmental Qualitv for the Bozeman Solvent
Site for the period April 1. 1999 throuah June 3D, 1999
Authorize Mayor to sian - Findinas of Fact and Order - Amended Preliminary Plat for
minor subdivision . aaareaate lots. create two lots, and relocate a common
boundary in Amended Subdivision Plat of portions of Block 28.30, Block 33.41
and Blocks 46.48, Northern Pacific Addition. further described as beina Lot 2
as shown on Block C of Plats. Paae 23.A4; that parcel described on Film 93.
. Paae 1968; and Tract C, COS No. 68, located in the NEv.., Section 7, T2S,
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R5E. MPM (north side of East Main Street. east of North Broadway Avenue) -
AIDine Hotel Partners LLC and BRC Investments LLC (P-0018)
. Authorize City Manager to sian - TLC CorDorate Advantaae Plan Aareement with TLC
Laser Eye Centers (for 'laser vision correction services)
Letter of SUDDort for roadless initiative
Award bid - 2000 Street ImDrovements - Schedule I to JTL GrouD. Inc.. Belarade.
Montana. in the bid amount of $320.702.50; Schedule II to Concrete
SDecialties of Montana. Inc.. Bozeman. Montana. in the bid amount of
$109.764.00
ADDlication for Beer and Wine License - Smith's Food and Drug. 1400 North 19th
Avenue (relocation) - Calendar Year 2000
Buildina InsDection Division reDort for May 2000
Claims
It was moved by Commissioner Frost, seconded by Commissioner Smiley, 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 Frost, Commissioner Smiley, Commissioner Brown and Mayor Youngman; those voting
No. none.
. Ordinance No. 1520 - Salary Ordinance for Fiscal Year 2000-2001
Included in the Commissioners' packets was a copy of Ordinance No. 1520, as approved by
the City Attorney, entitled:
ORDINANCE NO, 15,20
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN. MONTANA,
FIXING THE MONTHLY SALARY OF THE HEADS OF DEPARTMENTS OF THE CITY OF
BOZEMAN AS REQUIRED BY LAW.
City Manager Johnson stated that the salaries of department heads are set by the Commission,
typically upon recommendation of the City Manager. He indicated that his salary is not included in
this ordinance because his evaluation has not yet been completed. He stated that, over the past few
years, management salary increases have been fairly significant, bringing them more in line with the
market.
The City Manager stated that, at the present time, management staff is poised to catapult into
a performance based system, which takes into account both market and the performance of the
employee. He noted the process is not yet refined and, as a result, he has recommended a 2 ~-
percent cost of living adjustment, with any additional increases being based on the performance
. evaluation.
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City Manager Johnson explained the new evaluation system to the Commissioners, including
the matrix upon which future pay adjustments will be determined and how the market rate is
. identified. He stressed that the goal is to pay employees within the market band, in an effort to retain
good employees.
The City Manager noted that this new evaluation system is built on the new class
specifications which were recently completed at the end of a three-year process; and the evaluation
forms will be based on those class specifications. He indicated that the evaluation system will include
reviews by peers, the individual and the supervisor; and it is designed to build better employees for
the future and to stress cooperation and teamwork.
Responding to questions from the Commission, City Manager Johnson stated that the
Municipal Judge does not attend staff meetings; and 9-1-1 Director Jennie Hansen sometimes attends
staff meetings when they do not conflict with Gallatin County Commission meetings.
Mayor Youngman stated that Municipal Judge Carlson has requested an opportunity to address
the Commission regarding this issue; however, she was unable to attend this meeting. She suggested
that the Commission proceed with adoption of this ordinance since the Judge has not requested a
delay.
Commissioner Smiley suggested that the Commission's comments from this meeting be
forwarded in a letter to the Judge.
Mayor Youngman stated that her review of the Judge's memo raised some concerns,
particularly the issue of absences. She noted that substitute judges were needed on 69 days, at a
. cost of $5,295 over the budgeted amount. She asked what cuts have been made in other areas of
the budget and what impacts those cuts may have on operation of the court. She noted that the
conversion to Municipal Court was expected to improve court operations and efficiencies, but the
statistical information does not seem to reflect that. She also noted that in 1996, 5,000 citations
were processed and in 1999, 13,534 were processed, for a 171-percent increase; however, the
amount collected during that time increased only 45 percent. She also voiced concern about
community perceptions, stating that the feedback she has received indicates an inconsistency
between the substitute judges and the Municipal Judge regarding fines and sentences. As a result,
she asked for data to see if there is a pattern for sentencing from the different judges.
Commissioner Smiley stated that she, too, would like to see the additional information
requested by the Mayor, particularly in light of comments she has heard from young people that
identify the Municipal Judge as "an easy judge".
Mayor Youngman recognized the concept of judicial discretion; however, she stressed that it
must also be impartial justice. She noted that there must be a consistent pattern of justice in the
court system. The Mayor concluded by observing that, while it appears the Municipal Judge's salary
is in line with others around the state, other administrative employees in Bozeman are paid less than
in other jurisdictions.
Commissioner Frost voiced his disappointment that the Municipal Judge is not present to
answer questions and that she does not attend staff meetings, which is necessary for the City's
management team to work together.
.
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Commissioner Brown indicated his concurrence, noting that the Commission needs good
information on which to base its decisions.
. Commissioner Smiley stated she cannot support the salary increase requested by the Municipal
Judge.
Commissioner Frost stated he does not want to increase the Judge's salary from its current
level, citing lack of communication as part of the issue.
Commissioner Brown stated he does not favor increasing the salary because of supervisory
duties; rather, he indicated support for either no increase or a 2 Y2 -percent increase.
Mayor Youngman voiced her support for leaving the salary at its present level, although she
indicated an openness to future discussion, based on the answers the Commission receives.
Mayor Youngman noted that the letter to the Municipal Judge should also include identify
communication as being important to ensure the Commission, court, police and management staff are
"all on the same page". She stated that the letter would also serve as a way to tell the Municipal
Judge about impending issues, such as the zone code definition changes for "family" , skateboarding,
illegally parked junk cars and complaints from neighborhoods. She noted that she would also like input
from the Municipal Judge and the Police Department on missing code provisions for penalties or ways
to enable them to respond more effectively to complaints.
It was moved by Commissioner Smiley, seconded by Commissioner Brown, that Ordinance No.
1520, the salary ordinance for Fiscal Year 2000-2001, including a salary of $43,884.00 for the
. Municipal Judge, be provisionally adopted and that it be brought back in two weeks for final adoption.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley,
Commissioner Brown, Commissioner Frost and Mayor Youngman; those voting No, none.
Recess - 5:17 p.m.
Mayor Youngman declared a recess at 5: 17 p.m., to reconvene at 7:00 p.m., for the purpose
of conducting the scheduled public hearings.
Reconvene - 7:00 p.m.
Mayor Youngman reconvened the meeting at 7:00 p.m" for the purpose of conducting the
scheduled public hearings.
Public hearina - Conditional Use Permit and Certificate of Appropriateness ~ Pruah and Lenon for
Bridaestone/Firestone, Inc. - allow demolition of existina motel and construction of 6,900 :t -sauare-
foot tire and automotive service station on Lots 1 throuah 3 and the north 15 feet of Lot 4, Block 2,
North 7th Addition (810 North 7th Avenue) (Z-0047) ,
This was the time and place set for the public hearing on the Conditional Use Permit and
. Certificate of Appropriateness, as requested by Prugh and Lenon for Bridgestone/Firestone, Inc" under
Application No. Z-0047, to allow demolition of the existing motel and construction of a 6,900:t-
06-19-2000
- 13 -
square.foot tire and automotive service station on Lots 1 through 3 and the north 15 feet of Lot 4,
Block 2, North 7th Addition. The subject property is more commonly known as 810 North 7th
. Avenue.
Mayor Youngman opened the public hearing.
Assistant Planner Jami Morris presented the staff report. She stated that staff has reviewed
this application in light of the criteria set forth in the zone code and the design objectives plan, and
staff's comprehensive findings are contained in the written staff report. She noted that, based on that
review, staff forwarded a recommendation for approval, subject to 19 conditions. Following
preparation of the staff report, the Administrative Design Review staff forwarded an additional
recommended condition, requesting a revised color scheme, for consideration. She briefly highlighted
some of the other recommended conditions of approval, many of which pertain to code requirements.
Responding to Commissioner Frost, the Assistant Planner stated that four additional trees are
to be planted.
Further responding to Commissioner Frost, the Assistant Planner stated that more signage
could be incorporated into the site than has been proposed. Commissioner Frost indicated his
preference for additional signage on the building and elimination of the proposed freestanding sign.
Mr. Tom Jordan, Project Coordinator, stated
the applicant has complied with the
recommendations forwarded by staff by completely revising the standard building plan. He stressed
the importance of having identification on the street, particularly since the new building, for
northbound traffic, will be hidden by the Village Inn. He indicated that, if the freestanding sign is a
. problem, he would be willing to install a monument sign, stressing that signage is a necessary element
for business.
Commissioner Frost stated a monument sign would be more visible than a pole sign, suggesting
that it be the same coloring as the building.
Mr. Jordan responded he is willing to accept that change, and will work with staff on the size
and design details.
Responding to Commissioner Brown, Mr. Jordan indicated there is signage on the south side
of the building; however, it will not be visible from the street for any great distance because of the
Village Inn building.
Commissioner Frost suggested that the trees on the west side of the building be moved to 2 %
feet from the sidewalk.
Assistant Planner Morris reviewed the revisions to the conditions as identified by the
Commission, including replacement of the freestanding pole sign with a monument sign and planting
of the trees along the west side of the building 2 % feet from the sidewalk.
No one was present to speak in opposition to the requested conditional use permit.
Since there were no Commissioner objectionsi Mayor Youngman closed the public hearing.
.
06.19-2000
- 14 -
It was moved by Commissioner Brown, seconded by Commissioner Frost, that the Commission
approve the Conditional Use Permit and Certificate of Appropriateness, as requested by Prugh and
. Lenon for Bridgestone/Firestone, Inc., under Application No. Z-0047, to allow demolition of the
existing motel and construction of a 6,900:f: -square-foot tire and automotive service station on Lots
1 through 3 and the north 15 feet of Lot 4, Block 2, North 7th Addition, subject to the following
conditions:
1. A soils analysis and foundation recommendations be performed by a Montana
registered engineer prior to building permits being issued.
2. The applicant shall cap the three existing sanitary sewer stubs within 5 feet of
the property line and must be inspected upon completion by the Water/Sewer
Department. The Water/Sewer Department will provide a new sanitary sewer
stub once building permits are obtained and impact fees paid.
3. Only one of the two existing water service lines will be available, the second
service will be disconnected by the Water/Sewer Department. Should the 1-
inch water service line be inadequate or if a fire line is required, then water
service will be provided from the main at Aspen Street. The applicant will also
be responsible for installing a backflow protection device, to be inspected and
approved by the Water/Sewer Department upon completion.
4. The drive approach shall be constructed in accordance with the City's Standard
Detail Number 02529-11 A, Non Residential Driveway Approach for Arterial
Streets (Le., 15-foot radius), and shown as such on the final site plan.
. 5. The curb and gutter shall be replaced on the abandoned access on North 7th
Avenue. A City Curb Cut and Sidewalk Permit shall be obtained prior to final
site plan approval.
6. The limits of paving and minimum paving width in the vacated alley shall be
clearly identified on the final site plan.
7. The applicant shall provide to the Planning Department, for review prior to final
site plan approval. a revised color scheme and a rendered elevation.
8. A copy of the access permit obtained from the Montana Department of
Transportation, for improvements in the right of way along North 7th Avenue,
shall be provided to the Planning Department prior to final site plan approval.
9. The applicant shall grant a 5 % -foot public access easement adjacent to the
public right of way which includes the required sidewalk along North 7th
Avenue, prior to final site plan approval.
10. The applicant must submit a final site plan within 90 days of preliminary
approval. Per Section 18.62.090, "Building Permits
and Installation of
Improvements," an Improvements Agreement must be signed by the applicant/
owner prior to final site plan approval. If occupancy of any portion of the
. building is to occur prior to completion of all required improvements or the
Improvements Agreement must be financially guaranteed through a letter of
06-19-2000
- 15 -
credit at 1 Yz times the estimated cost of improvements. In any event, all
required improvements will be installed within 9 months of occupancy, unless
. the City Commission grants a variance to the time limit.
11 . The right to a use and occupancy permit shall be contingent upon the fulfillment
of all general and special conditions imposed by the Conditional Use Permit
procedure.
12. All of the special conditions shall constitute restrictions running with the land,
shall be binding upon the owner of the land, his successors or assigns, and shall
be recorded as such with the Gallatin County Clerk and Recorder's Office by the
property owner prior to the final site plan approval or commencement of the
use.
13. All of the conditions specifically stated under any conditional use listed in this
title shall apply and be adhered to by the owner of the land, successor or
assigns.
14. All of the special conditions attached to this Conditional Use Permit shall be
consented to in writing by the applicant prior to commencement of the use.
15. Details on the trash enclosure shall be shown on the final site plan and comply
with Section 18.50.035.D.
16. lighting standards used to illuminate off-street parking areas shall not exceed
. 20 feet or the height of the tallest building on the lot. whichever is lower, per
Section 18.50.035.A.3.
17. Per Section 18.65.070.A.1, the maximum area for a freestanding monument
sign shall be 32 square feet. The sign proposed on the site plan is a pole sign
and exceeds the maximum area for a freestanding sign. The applicant shall
change the pole sign to a monument sign and provide detail on the final site
plan demonstrating that the sign does not exceed the maximum height or size.
18. Per Section 18.65.120, neon and other gas type transformers shall be limited
to sixty milliamperes and fluorescent transformers shall be limited to eight
hundred milliamperes to soften light output. Additionally, neon and other gas
type signs with exposed tubing shall be equipped with dimmers. Prior to final
site plan approval, the applicant shall provide details for the sign amperage and
the dimmers.
19. Landscaping must comply with the mandatory landscaping requirements of
Section 18.50.100 unless a deviation is approved. The current landscaping
plan does not fulfill the 23 point requirement necessary in a B-2 district, and the
final landscape plan must:
a. Plant additional street frontage trees. Where it may impractical
or difficult to plant large canopy trees within the public right-of-
. way due to the presence
of overhead power lines, the
requirement for one large canopy tree for each fifty feet of street
06-19-2000
-.-.-. . -...-. ....-.--
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frontage may be substituted with two small ornamental trees per
fifty feet of street frontage per Section 18.50.100.D.5.e.iL A
. total of 8 small ornamental trees shall be planted along West
Tamarack Street, either within the grass boulevard or within the
front yard along West Tamarack Street. The street trees along
the North 7th Avenue frontage shall be planted 2 Y2 feet from the
sidewalk; and
b. Depict a hedge along the east property line on the final site plan,
per Section 18.50.100.D.5.c.ii.(AH1) which states that all
parking lots located on a lot with a residential adjacency must be
screened from that residential adjacency. Although the property
east of this site is zoned B-2, it has been developed as a mobile
home park.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown,
Commissioner Frost, Commissioner Smiley and Mayor Youngman; those voting No, none.
Public hearina - Preliminarv Plat - Westfield South III ~ Clair Daines for Carter Williams, et a/. -
subdivide 24.22 acres described as Dart of Tract 1 and all of Tract 2. COS No. 1700. located in the
SE%. Section 24. and the NE%. Section 25. T2S. R5E. MPM into 59 residential lots and 4 lots of
ODen SDace (south of existina Westfield South Subdivision between South 3rd Avenue and Waaon
Wheel Road) (P-0022)
. This was the time and place set for the public hearing on the preliminary plat for Westfield
South III. as requested by Clair Daines for Carter Williams. et al.. under Application No. P-0022.
Under this application. 24.22 acres described as part of Tract 1 and all of Tract 2. Certificate of
Survey No. 1700. located in the Southeast one-quarter of Section 24 and the Northeast one-quarter
of Section 25. Township 2 South. Range 5 East. Montana Principal Meridian, is to be subdivided into
59 residential lots and 4 lots of open space. The subject property is more commonly located south
of the existing Westfield South Subdivision between South 3rd Avenue and Wagon Wheel Road.
Mayor Youngman opened the public hearing.
Assistant Planner Karin Caroline presented the staff report. She noted that the Planning staff
and the Development Review Committee have reviewed this application in light of the applicable
criteria. and staff's comprehensive findings are contained in the written staff report which was
included in the Commissioners' packets. She briefly highlighted those findings and the staff's
recommendation for approval, subject to several conditions.
At Mayor Youngman's request, Assistant Planner Caroline briefly responded to several
questions which the Mayor had phoned in. She indicated that the last traffic study for this immediate
area was done in 1995, although a study for Allison Subdivision was completed in September 1999,
and that study took into consideration the traffic volumes generated as a result of the schools near
the subject site. She indicated that the intersections of West Graf Street with South Third Avenue
and Wagon Wheel Road are rated at Level of Service B and are projected to remain at that level
through 2010.
.
06-19-2000
- 17 -
The Assistant Planner turned her attention to the groundwater levels on the site. She stated
there are six monitoring wells on the site and, on June 12, four of the six were dry and the other two
. were at levels of 6 Y2 to 8 Y2 feet below the surface. She recognized that houses on some of the lots
could have water in the crawl spaces, and suggested that the potential need for sump pumps as a
result of high groundwater could be addressed in the covenants. She indicated that concerns about
the noise resulting from dewatering before or during construction could be addressed through
conditions requiring baffling or noise calming.
The Assistant Planner indicated that a question has been raised about a decision not to allow
individual lots in this subdivision to access directly onto Wagon Wheel Road. She stated that, during
consideration of previous phases of the Westfield Subdivision, the determination has been made to
not allow individual accesses onto Wagon Wheel Road; rather, traffic should be internalized within the
subdivision. She stressed this does not mean that the backs of the houses should necessarily line
Wagon Wheel Road; but access should be precluded.
Responding to Commissioner Brown, the Assistant Planner confirmed that the South Third
Avenue crossing at Blackwood Drive is at the south edge of the school property.
Responding to Commissioner Frost, the Assistant Planner stated that, under the covenants,
the open space is to be maintained by the homeowners' association.
Commissioner Frost asked how the streets from this subdivision will align with the existing
houses on the other side of Wagon Wheel Road and whether those houses will be negatively impacted
from the sweep of headlights at night.
. Mr. Dave Crawford, Thomas, Dean and Hoskins, representing the applicants, gave a brief
overview of the project. He noted that this property was master planned over twenty years ago,
beginning with Sourdough Creek Properties. He stated the first phase of Westfield Subdivision was
filed in 1984, and the applicants have worked with the City and the neighbors to address issues
raised. He indicated that the decision to not having lots fronting on Wagon Wheel Road is the result
of comments from Road Superintendent Sam Gianfrancisco and Director of Public Service Debbie
Arkell; and they have also attempted to not have back yards on Wagon Wheel Road, to "avoid the
Figgins effect". He stated the proposed plat also provides for directing trips inward to the main streets
within the subdivision, with centralized access onto the major streets in the area.
Mr. Crawford recognized that this proposed 59-lot subdivision will increase traffic on Wagon
Wheel Road, South 3rd Avenue and other streets in the community. He stated that a review of the
traffic projections in the 1995 study reveal the actual traffic counts are lower than the projections in
that report; and the roads and intersections in the area are operating at Levels of Service A and B.
He indicated that most of the working residents will be going to work and coming home at times other
than the peak traffic hours for school.
Mr. Crawford turned his attention to groundwater, noting that six monitoring wells are located
on the site. He indicated that, when the property was a sod field, it was heavily irrigated, and the
houses to the north encountered high groundwater. He stated, however, that the monitoring wells
are now showing a groundwater depth of 6 Y2 feet or more and, with fill, he anticipates the
groundwater depth will be 9 feet below the surface. He indicated that the applicant encountered no
problem with groundwater during the installation of water and sewer lines in the previous phase; and
. he anticipates no problem in this phase, either. He acknowledged that if, for some reason, a problem
06-19-2000
. 18 -
with groundwater is encountered, steps will need 'to be taken to minimize the noise generated by
dewatering operations.
. Mr. Crawford addressed several of the proposed conditions, noting that Condition No. 1
requires the luminaires meet code requirements. He stated, however, they have proposed to use the
same light fixture that has been used in other phases of the development, which has occurred over
the past fifteen years; and expressed concern that changing the fixture for this phase will detract from
the identify of the neighborhood. He also voiced concern about Condition No. 13, suggesting that the
second sentence be deleted or the condition reworded. He stated the final concern pertains to
installation of sidewalks prior to construction of houses.
In response to comments from Mr. Crawford, Mayor Youngman confirmed that she had ex
parte communication with the applicant during her review of the location of the intersection of
Stratford Drive and Wagon Wheel Road and the potential impacts of headlights on existing residences.
Ms. Cathy Schrupp, 2708 Langohr Avenue, stated her yard abuts South Third Avenue. She
stated that, while she is not opposed to this subdivision, she is concerned that South Third Avenue
will be subjected to more traffic than it was meant to accommodate.
Mrs. Betty Litle, 3416 Wagon Wheel Road, gave the Commission part of the petition
submitted, noting that she had mailed it but not to the right address. She indicated that she became
involved in the Gallatin County planning process because of her frustration with the City's annexation
and zoning processes. She stated that she purchased her home with the understanding this property
would be developed at no greater than "R-S" density, and she is concerned about the impacts the
proposed density will have on the existing rural area. She voiced concern about the proposed
. accesses onto Wagon Wheel Road, characterizing them as very intrusive. She stated that traffic on
Wagon Wheel Road has increased dramatically since 1989; and speed is a definite safety factor. She
also voiced concern about the potential noise from pumps if dewatering is necessary, concern about
fire protection and concern about the proposed luminaires. She then showed the Commission pictures
that she took of South Third Avenue and Wagon Wheel Road, and concluded by stating the emphasis
should be on creating good neighborhoods that are compatible with the neighbor across the road.
Mr. Dick Dolan, 3300 Wagon Wheel Road, stated he lives at the corner of Sundance Drive and
Wagon Wheel Road. He stated that he very recently got the Wagon Wheel Road property owners
organized, to ensure that future development does not negatively impact the existing residential
development. He indicated that he is not opposed to the "R-1" density development proposed;
however, he stressed it must be designed to minimize impacts on the neighbors. He noted the
configuration of the north end of Wagon Wheel Road is significantly different from the south end of
the road. He stated, however, that residents along Wagon Wheel Road are unanimously opposed to
the traffic patterns proposed.
Mr. Dolan expressed concern that he has been unable to obtain good information from the City
staff, stating that he had difficulty obtaining a copy of the 1995 traffic study; and tonight is the first
time he has heard of a 1999 traffic study update. He noted that South Third Avenue is an arterial,
while Wagon Wheel Road is a rural road. He voiced his opposition to improving Wagon Wheel Road,
noting that traffic would then "drive through his bedroom". He stated that traffic patterns will
generally be out of the subdivision and north on Wagon Wheel Road; and that vehicular traffic will
then conflict with the significant number of walkers, runners and rollerbladers that use this rural road.
.
06-19-2000
.- -----.-
. 19 -
Mr. Dolan pointed out some of the flaws in the 1995 traffic study, noting its basic premise is
that South Third Avenue will be used. He noted the report also recognizes that traffic will increase
. on Wagon Wheel Road and suggests that it should be upgraded to a City street as properties are
annexed, and questioned why that upgrade is necessary. He concluded by suggesting that two
accesses be provided onto South Third Avenue and that, if accesses onto Wagon Wheel Road are
necessary, they be barricaded and used only in an emergency situation.
Mr. Paul Krebill, 3414 Wagon Wheel Road, stated his concurrence with Mr. Dolan's comments.
He noted that his front yard is immediately across the street from the proposed Normandy Drive exit,
and suggested that that street either be terminated in a cul-de-sac or relocated to align with Good
Medicine Way.
Mrs. Nancy Hildner, 3505 Good Medicine Way, asked when South Third Avenue is to be made
a four-lane road, and suggested that it would make more sense to have the traffic enter that road from
this subdivision than Wagon Wheel Road.
Ms. Sue Green, 3310 Wagon Wheel Road, stated she owns the home immediately across the
street from the proposed Stratford Drive access; and she is definitely concerned about the impacts
on her home from traffic using that egress. She noted that they have planted trees in front of their
home to minimize impacts from development of this property; however, with the proposed location
of the street, the headlights will shine into their living room and family room. She also voiced concern
about the proposed light fixtures.
Mrs. Martha Lonner, 3602 Good Medicine Way, stated they purchased their home in 1973,
when Wagon Wheel Road and Good Medicine Way were dirt roads. She noted that they purchased
. their home because of the kind of homesites available there; and they were given the impression that
any additional development in the area would be of the same type. She stated, however, that
Sundance Springs Subdivision was approved, despite her strong objections, and it appears this subject
property will also develop at higher densities.
Mrs. Lonner stated that the number of people using the trail system has increased significantly,
noting that, on an average evening when school is in session, at least ten different groups will pass
by the front of her house. She noted that the rural feel of Sundance Drive and Wagon Wheel Road,
which are typically used to access the trail system, help enhance the experience. She stated,
however, that as traffic increases, those roads will be much less safe for pedestrians and bicyclists.
She noted that Wagon Wheel Road, Good Medicine Way and Trails End were upgraded and paved
through a rural improvement district
Mrs. Lonner voiced concern about the proposed lighting, stating she would prefer to have no
lights than the light fixtures proposed. She noted that those in Sundance Springs are extremely
conservative and help to retain a nice rural atmosphere. She then turned her attention to fire
concerns, noting that, without a third fire station, the response time is longer than industry standards
allow. She recognized that the City has signed an interlocal agreement with the rural fire departments;
however, she cautioned they cannot provide the level of service required for urban density
development.
Mr. Mike Ruyle, 3306 Wagon Wheel Road, encouraged the Commission to take the traffic from
this subdivision off Wagon Wheel Road by making a cul-de-sac on the south end of Normandy Road
. and exiting Stratford Drive onto South Third Avenue rather than onto Wagon Wheel Road.
06-19.2000
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- 20 -
Mr. Ed Litle, 3416 Wagon Wheel Road, noted that the pictures his wife showed the
Commission reflect the importance of encouraging traffic to use South Third Avenue. He stated that,
. when a garage sale was held on their street last week, a car could barely get through. He concluded
by asking the Commission to have the applicant take another look at the traffic circulation in and from
this subdivision.
Mr. Bill Walker, 3300 Wagon Wheel Road, stated he has a 2-year-old daughter who rides her
tricycle on Sundance Drive to the trail. He voiced concern that having this subdivision exit onto
Wagon Wheel Road will eliminate that opportunity for both his family and for those who may move
into this new subdivision. He concluded by asking that the Commission protect Wagon Wheel Road
and the trail system in the area.
Assistant Planner Karin Caroline stated that the staff report for this preliminary plat was based
on the 1995 traffic study; she only recently learned about the 1999 study and it was delivered to the
Planning Office on Friday afternoon. She addressed the proposals to install a cul-de-sac on Normandy
Street and possibly align Fieldstone Drive with Good Medicine Way, noting the applicant has tried to
avoid a straight street to discourage drivers from gaining speed through the subdivision. She also
indicated that a fairly typical grid street system is desired for this subdivision, and cul~de.sac streets
have been viewed as less desirable. She stressed the importance of an east/west connection and
stated that any new plan will require additional staff review. She then responded to the concerns
voiced about the proposed lighting fixtures, noting that an alternative lighting fixture, similar to those
in Sundance Springs, could be required; and that would require a revision to the covenants. She
concluded by stating the applicant has not requested a variance for the installation of sidewalks at this
time.
. Mayor Youngman noted the Recreation and Parks Advisory Board has recommended a tot lot
in the open space located in the southeast corner of this subdivision, noting that small pieces of
aesthetic open space are of less benefit than an area with a purpose.
Mr. Steve Daines, 519 Oxford, asked that use of the open space be determined by the
homeowners.
Mr. Dave Crawford stressed that the 2.8 acres of City parkland dedicated with the first phase
of this subdivision was for the entire subdivision.
Mr. Crawford responded to several of the questions and issues raised by the public. He noted
significant concern has been voiced about the safety of Wagon Wheel Road, and stated that this
proposal includes sidewalk the full length of the roadway abutting this development. He stated that
not having lots front on Wagon Wheel Road, but allowing access onto Wagon Wheel Road at only two
points, avoids the significant impacts that up to 21 more accesses would create. He noted that cul-
de-sacs have been suggested on Normandy Drive and Stratford Drive; however, those cul-de-sacs
would be over the distance allowed and emergency vehicles need two ways into a development.
Responding to Mayor Youngman, Mr. Crawford stated that the Blackwood Drive access to
South Third Avenue is located on the section line, in response to the transportation plan's call for
major roads on section lines. He noted that Oxford Drive intersects with South Third Avenue 500 feet
north of Blackwood Drive; and extending Stratford Drive to South Third Avenue would result in too
many accesses onto that roadway within a school zone. He also indicated that forcing all of the traffic
. from this subdivision onto South Third Avenue is not good from an engineering standpoint.
06.19-2000
. 21 .
Responding to Commissioner Brown, Planning Director Epple stated a typical block is 300 feet;
and a distance of 250 to 350 feet between accesses would be viewed as adequate.
. Responding to Mayor Youngman, Mr. Crawford stated the distance between Stratford Drive
and Cambridge Drive is 600 feet, and the distance between Stratford Drive and Blackwood Drive is
350 feet.
Planning Director Epple stated that, if the Commission wants a redesign of the streets, this
preliminary plat should be referred back to staff.
Commissioner Frost noted that, under the zone code, lights must be shielded so they don't
shine out; and the result is safer and more efficient lighting. He then stated that he does not like the
two proposed accesses onto Wagon Wheel Road.
Commissioner Smiley recognized that the current residents along Wagon Wheel Road moved
there because of the rural atmosphere. She noted, however, the city is growing into that area. She
stated the testimony has not identified any problems with the type of housing being proposed. She
concluded by stating she is not opposed to the proposed street configuration; however, she feels the
lighting issue must be addressed.
Mayor Youngman stated she wants an opportunity to talk to staff about her concerns and
issues prior to making a decision. She expressed concern that a majority of the traffic will be directed
to Wagon Wheel Road rather than to South Third Avenue, and she would like to know the street
designations prior to making a decision. She recognized that the proposed plat provides for a good
neighborhood; however, it does not interface well with the existing fully-developed neighborhood. She
. agreed that the light fixtures must be shielded, particularly in this area where rural and urban
neighborhoods are overlapping.
Responding to concerns voiced by Commissioner Smiley, City Attorney Luwe stated that the
subdivision regulations require all improvements be installed or financially guaranteed prior to final plat
approval, or the Commissioners lose their legislative immunity.
Mayor Youngman stated that police concerns were included in the staff report that have not
been included for previous projects, and she needs some additional answers.
Commissioner Brown stated that the applicant has had a substantial amount of interaction with
City staff to date and, while he feels that extension of Stratford Drive to South Third Avenue may be
a good alternative, he is hesitant to second guess staff at this point.
Mr. Crawford suggested that Stratford Drive could end in a cul-de-sac at Wagon Wheel Road
without having the street extended to South Third Avenue, which would result in traffic using either
Cambridge Drive or Blackwood Drive to exit the development, contingent upon approval of the Director
of Public Service.
Mayor Youngman requested that a condition for baffling of dewatering equipment, similar to
the condition for Harvest Creek Subdivision, be added. She indicated that she is still frustrated with
the pattern of houses along Wagon Wheel Road.
.
06-19-2000
- 22 -
Planning Director Epple stated that Director of Public Service Arkell has already indicated she
feels Stratford Drive should extend to Wagon Wheel Road; and it is her duty to ensure that the needs
. of other utilities are adequately addressed.
Since there were no Commissioner objections, Mayor Youngman closed the public hearing.
It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the preliminary
plat for Westfield South III, as requested by Clair Daines for Carter Williams, et al., under Application
No. P-0022, to subdivide 24.22 acres described as part of Tract 1 and all of Tract 2, Certificate of
Survey No. 1700, located in the Southeast one-quarter of Section 24 and the Northeast one-quarter
of Section 25, Township 2 South, Range 5 East, Montana Principal Meridian, into 59 residential lots
and 4 lots of open space, be approved subject to the following conditions:
1. Luminaires within the subdivision shall be required to conform to the zone code,
Section 18.50.035 (A). whereas "any lighting shall be arranged so as to deflect
light down and/or away from any adjoining properties and shall not detract from
driver visibility on adjacent streets. Luminaires and lenses shall not protrude
below the edge of the light fixture."
2. Open space shall be labeled as "private open space" on the final plat.
3. Applicant must provide a pedestrian crossing at South Third Avenue and
Blackwood Drive with required striping and signage. All plans and specifications
must be approved by City Engineer prior to filing the final plat.
4. A declaration of covenants for Westfield South Subdivision, Phase III, must be
. included and recorded with the final plat which specifically includes the
provisions from Section 16.34.030, as well as provisions for owners'
association maintenance of all applicable homeowners' association open space,
relevant parks areas, park area landscaping, park area pedestrian facilities,
perimeter fencing, and storm water facilities.
5. The final plat shall conform to all requirements of the Bozeman Area Subdivision
Regulations and the Uniform Standards for Final Subdivision Plats and shall be
accompanied by all required documents, including certification from the City
Engineer that as-built drawings for public improvements were received, a
platting certificate, and all required and corrected certificates. The final plat
application shall include two (2) signed cloth back (or equivalent) copies; two (2)
signed reproducible copies on a stable base polyester film (or equivalent); two
(2) digital copies on a double-sided, high density 3 % -inch floppy disk; and five
(5) paper prints.
6. Conditional approval of the preliminary plat shall be in force for not more than
three calendar years, as provided by State statute. Prior to that expiration date,
the developer may submit a letter of request for the extension of the period to
the Planning Director for the City Commission's consideration.
7. If it is the developer's intent to file the plat prior to the completion of all
. required improvements, an Improvements Agreement shall be entered into with
the City of Bozeman guaranteeing the completion of all improvements in
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accordance with the preliminary plat submittal information and conditions of
approval. If the final plat is filed prior to the installation of all improvements,
. the developer shall supply the City of Bozeman with an acceptable method of
security equal to 150% of the cost of the remaining improvements.
8. The plans and specifications for the project infrastructure must be adequately
dimensioned and clearly indicate the extent of all improvements proposed. All
infrastructure improvements required of the development, including water and
sewer main extensions, public streets, sidewalks and related storm drainage
infrastructure improvements, shall be constructed or financially guaranteed prior
to final plat approval. No building permits will be issued prior to completion and
City of Bozeman acceptance of said infrastructure improvements.
9. The Storm water Drainage, Treatment and Grading Plan submitted must be
approved by the City Engineer. Detailed review of the storm water plan will be
part of the infrastructure plan and specification review process.
The plan must depict the maximum sized retention/detention basin location, and
locate and provide easements for adequate drainage ways within the subdivision
to transport runoff to the stormwater receiving channel. The plan shall include
sufficient site grading and elevation information (particularly for the basin sites,
drainage ways, and lot finished grades), typical storm water retention/detention
basin and discharge structure details,
basin sizing calculations, and a
storm water maintenance plan.
. All stormwater improvements needed for the development must be constructed
prior to filing the final plat. No building permits will be issued until the
storm water improvements are constructed and approved.
Any stormwater ponds located within park or open space shall be designed and
constructed so as to be conducive to the normal use and maintenance of the
park or open space.
10. Some adjustments in the utility master plan will be required relating to
infrastructure design for water and sanitary sewer.
11. Plans, specifications and a comprehensive utilities design report for water and
sanitary sewer services, prepared and signed by a Professional Engineer (PE)
registered in the State of Montana shall be provided to and approved by the City
of Bozeman Water/Sewer Department and the City Engineer. Water and sewer
plans shall also be approved by the Montana Department of Environmental
Quality. The applicant shall also provide professional engineering services for
construction inspection, post-construction certification, and preparation of mylar
record drawings. Construction shall not be initiated on the public infrastructure
improvements until the plans and specifications have been approved and a
preconstruction conference has been conducted.
No building permits shall be issued prior to substantial completion and City
. acceptance of all required public infrastructure improvements.
06-19-2000
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12. Water rights for this phase of the Westfield South Subdivision must be paid
prior to the filing of the final plat.
e 13. The location of existing water and sewer mains shall be properly depicted.
Proposed main extensions shall be noted as proposed on the final plat.
14. The street names Blackwood Drive and Normandy Drive must be changed. All
road names for interior roads must be approved by the Gallatin County Road
and Bridge Department and City Engineer to eliminate duplication of names
countywide.
15. Stop signs will be required at all intersections with county maintained roads.
16. All necessary encroachment permits must be obtained from the County Road
Office prior to filing the final plat. A copy of these permits shall be submitted
to the Planning Office.
17. The final plat shall contain a note which indicates that Rural Improvement
District (R.I.D.) No. 326 has been created for the maintenance of Wagon Wheel
Road, which may require financial participation from certain property owners of
Westfield South Subdivision, Phase III.
18. The applicant shall provide and file with the County Clerk and Recorder's office,
executed Waivers of Right to Protest Creation of future Rural Improvement
Districts (RIDs).
. 19. All infrastructure improvements including: water and sewer main extensions,
and public streets, curb/gutter, sidewalks, and
related storm drainage
infrastructure improvements, shall be constructed or financially guaranteed prior
to final plat approval.
20. City standard residential sidewalks shall be constructed on all public street
frontages at the time street improvements are installed unless a variance is
granted by the City Commission to defer the construction of the sidewalks until
the houses are constructed on the lots. If a variance is requested, staff
recommends that, at a minimum, the sidewalks fronting all open or common
space, all ADA facilities and the sidewalk adjacent to Wagon Wheel Road be
constructed at the time of other required infrastructure improvements.
21. The developer shall confirm the right~of~way on South Third Avenue is accurate
as shown on the preliminary plat; and if it is not, the appropriate right~of~way
dedication shall be made to achieve the 65 foot right~of~way from the 1/16
section line to the property boundary, as shown on the preliminary plat.
22. The final plat shall contain a note which prohibits direct access of lots onto
South Third Avenue.
23. Project phasing shall be clearly defined on the final plat.
.
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24. Applicant must submit a quit claim deed for the intended South Third Avenue
right-of-way to the Planning Office prior to final plat approval.
. 25. Utility easements must be shown on the final plat in the proper locations as
provided in Section 16.14.050.8. Easements for the water and sewer main
extensions shall be a minimum of 30 feet in width, with the utility located in the
center of the easement. In no case shall the utility be less than 10 feet from the
edge of the easement. All required easements shall be provided prior to final
plat approval.
26. A signed copy of a Weed Control Plan, approved by the County Weed Control
Officer, for the subdivision, shall be submitted to the Planning Office prior to
final plat approval.
27. Applicant must provide a copy of a site specific soils analysis including building
foundation recommendations from a Montana registered engineer to the Building
Division prior to issuance of any building permits.
28. Proposed Stratford Drive shall be redesigned to be a cul-de-sac and meet all City
standards for utilities and water and sewer, with the redesign subject to
approval by the Director of Public Service. If the Director of Public Service is
unable to approve the redesign, it shall be brought back to the Commission for
further review and approval.
29. During construction of the infrastructure for the subdivision, mechanical or
. electrical devices which create a loud, raucous or pulsating sound shall not be
operated between the hours of 9:00 p.m. and 7:00 a.m. of the following day
if the noise emanating from the devices unreasonably interferes with the health,
comfort, safety or welfare of any inhabited dwelling unit in the surrounding
area. Vehicles and equipment utilized to clear snow are exempted from this
condition.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost,
Commissioner Smiley, Commissioner Brown and Mayor Youngman; those voting No, none.
Break - 9:36 to 9:44 D.m.
Mayor Youngman declared a break from 9:36 p.m. to 9:44 p.m., in accordance with
Commission policy.
Public hearina - Preliminarv Plat - Farmhouse Partners--Bozeman Limited PartnershiD - subdivide 1.906
acres located in the SEy.., Section 8, T2S. R6E, MPM, into two lots (southeast of the intersection of
Haaaertv Lane and Ellis Street) (P.OO24)
This was the time and place set for the public hearing on the preliminary plat requested by
Farmhouse PartnersuBozeman limited Partnership under Application No. P-0024, to subdivide 1.906
. acres located in the Southeast one-quarter of Section 8, Township 2 South, Range 6 East, Montana
06-19-2000
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. 26 -
Principal Meridian, into two lots. The subject property is located southeast of the intersection of
Haggerty Lane and Ellis Street.
. Mayor Youngman opened the public hearing.
Assistant Planner Karin Caroline presented the staff report. She stated that under this
application, a small lot would be created for a four.unit apartment building in a complex that currently
contains two 12-unit buildings. She stated that staff has reviewed this application in light of the
criteria set forth in the State statutes, and staff's comprehensive findings are contained in the written
staff report. She briefly highlighted some of those findings and the conditions which staff has
recommended for approval of this application.
Mr. Dab Dabney, applicant, voiced concern that, in conjunction with this application, the City's
Engineering Department and Planning Department have reserved the right to review the storm water
drainage systems for the first phase and to require changes, if necessary, in conjunction with this
preliminary plat. He stated that he completed the project four years ago, including retention ponds,
in accordance with City requirements and subsequently installed landscaping and a sprinkler system.
He characterized this review, after four years with no problems with the retention ponds and only a
one-time problem with drainage from the fields above the project, as arbitrary and capricious. He
stressed that this project is extremely small, involving only 1,000 square feet of impervious surface
at the bottom of a slope.
Assistant Planner Karin Caroline responded that the Engineering staff feels it is important to
ensure the retention/detention area is adequate for both lots.
. Planning Director Epple stated the stormwater detention area for Lot 1 A is located under the
new building, so modifications to the drainage are needed.
Since there were no Commissioner objections, Mayor Youngman closed the public hearing.
It was moved by Commissioner Smiley, seconded by Commissioner Brown, that the
Commission approve the preliminary plat requested by Farmhouse PartnersnBozeman Limited
Partnership under Application No. P-0024, to subdivide 1.906 acres located in the Southeast one-
quarter of Section 8, Township 2 South, Range 6 East, Montana Principal Meridian, into two lots,
subject to the following conditions:
1. The Storm water, Grading, and Drainage Plan for the subdivision for a system
designed to remove solids, silts, oils, grease, and other pollutants from the
runoff from the private and public streets and all lots must be provided to and
approved by the City Engineer.
The plan must depict the maximum sized retention/detention basin location, and
locate and provide easements for adequate drainage ways within the subdivision
to transport both on and off-site runoff to the stormwater facilities. Stormwater
receiving channels shall be clearly identified for all ponds, and any easements
necessary to convey stormwater to receiving channels shall be provided. The
plan shall include sufficient site grading and elevation information for the basin
sites, drainage ways, and lot finished grades, typical stormwater retention/
. detention basin and discharge structure details, basin sizing calculations, and
a stormwater maintenance plan.
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Any stormwater ponds located within park or open space shall be designed and
constructed so as to be conducive to the normal use and maintenance of the
. park or open space.
Applicant shall provide and file with the County Clerk and Recorder's office an
agreement which binds the owners of both Lots 1 A-1 and 1 A*2 to the
maintenance, operation and any liability associated with the stormwater
facilities.
Detailed review of the final grading and drainage plan and approval by the City
Engineer will be required as part of the site plan review process.
2. Building permits for Lot 1 A~2 will not be issued prior to approval of a site plan
for the lot created by this subdivision.
3. Existing water and sewer services are located for the two existing apartment
buildings. Applicant will need to stub off these main lines for the future
development of the 4-unit apartment building.
4. The City of Bozeman will install the required domestic and sanitary sewer
services to the edge of the easement with all costs borne by the owner.
5. The final plat must show joint access/parking easement location between Lots
1 A-1 and 1 A-2 for access, parking, and utilities. Existing easement is not
sufficient.
. 6. Final plat must be appropriately titled, Minor Subdivision No. Amended Plat of
Lot 1 A.
7. Final plat must show all correct certificates of City agencies since property has
been annexed into city.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley,
Commissioner Brown, Commissioner Frost and Mayor Youngman; those voting No, none.
Public hearing - Master Plan Amendment ~ Doua Smith and Christ the Kina Lutheran Church ~ establish
land use desianation of "Urban Residential I nfill " on 29.271 acres described as the W%. W%. SE%,
a portion of the E%, SE%. and lot 1. Minor Subdivision No. 253, Section 3, T2S. R5E. MPM
(northeast corner of Durston Road and Flanders Mill Road) (P-0006)
This was the time and place set for the public hearing on the Master Plan Amendment
requested by Doug Smith and Christ the King Lutheran Church under Application No. P-0006, to
establish a land use designation of "Urban Residential Infill" on 29.271 acres described as the West
one-half of the West one-half of the Southeast one-quarter and a portion of the East one~half of the
Southeast one-quarter, and Lot 1, Minor Subdivision No. 253, located in Section 3. Township 2 South,
Range 5 East, Montana Principal Meridian. The subject property is located at the northeast corner of
the intersection of Durston Road and Flanders Mill Road.
. Mayor Youngman opened the public hearing.
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- 28 .
Assistant Planner Therese Berger presented the staff report. She reminded the Commissioners
that at the June 5 meeting, they voted to proceed with annexation of this subject property. She noted
. that staff has reviewed this application in light of the four criteria set forth in the master plan; and
staff's comprehensive findings are contained in the written staff report. She noted that, based on its
analysis, staff is forwarding a recommendation for approval.
Mr. Ted Huber, 615 Fieldstone Drive, representing the Christ the King Lutheran Church,
indicated they intend to build a new church on 9 acres of this subject parcel. He concluded by asking
for Commission approval of this application.
No one was present to speak in opposition to the requested master plan amendment.
Since there were no Commissioner objections, Mayor Youngman closed the public hearing.
It was moved by Commissioner Brown, seconded by Commissioner Frost, that the Master Plan
Amendment requested by Doug Smith and Christ the King Lutheran Church under Application No.
P-0006, to establish a land use designation of "Urban Residentiallnfill" on 29.271 acres described as
the West one-half of the West one-half of the Southeast one-quarter and a portion of the East one-half
of the Southeast one-quarter, and Lot 1, Minor Subdivision No. 253, located in Section 3, Township
2 South, Range 5 East, Montana Principal Meridian, be approved, contingent upon completion of the
annexation process. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Brown, Commissioner Frost, Commissioner Smiley and Mayor Youngman; those voting
No, none.
. Public hearina . Zone MaD Amendment - Doua Smith and Christ the Kina Lutheran Church - establish
initial zonina desianation of "R-3a" on 29.271 acres described as the W%. W1h. SEY<. , a Dortion of
the E% , SEY<.. and Lot 1 , Minor Subdivision No. 253, Section 3, T2$, R5E, MPM (northeast corner
of Durston Road and Flanders Mill Road) (Z-0013)
This was the time and place set for the public hearing on the Zone Map Amendment requested
by Doug Smith and Christ the King Lutheran Church under Application No. Z-0013, to establish an
initial zoning designation of "R-3a", Residential--Two-family, Medium-density, on 29.271 acres
described as the West one-half of the West one-half of the Southeast one-quarter, a portion of the
East one-half of the Southeast one-quarter, and Lot 1, Minor Subdivision No. 253, located in Section
3, Township 2 South, Range 5 East. Montana Principal Meridian. The subject property is more
commonly located at the northeast corner of Durston Road and Flanders Mill Road.
Mayor Youngman opened the public hearing.
Assistant Planner Therese Berger presented the staff report. She stated that staff has
reviewed this application in light of the twelve criteria set forth in the zone code, and staff's
comprehensive findings are contained in the written staff report. She noted that the Zoning
Commission has considered this application and concurred in staff's recommendation for approval,
contingent upon completion of the annexation and master plan amendment processes and upon
submittal of a proper legal description and map. She noted that one letter, from an individual who
feels there is enough multi-family zoning in the area, was included in the Commissioners' packets.
. Rev. Shelley Wickstrom. pastor of the church. recognized the concerns which have been
voiced. She noted that Mr. Doug Smith owns 200 acres; and he has sold ten acres to their church
06-19-2000
. 29 -
and ten acres to another church. She noted the church intends to provide a facility for latch key
children and a day care facility, and encouraged Commission approval of this application.
. Mr. Ted Huber, 615 Fieldstone, stated he has served as Chair of the Development and Building
Committee for the Church. He stated they need nine acres on which to build their new church, which
they anticipate will contain approximately 25,000 square feet.
Mr. Doug Smith, 4521 Durston Road, stated that he anticipates residential development on
10,000 to 12,000-square-foot lots, in a manner that is complementary to the existing neighborhood.
He then indicated he strongly believes in providing open space.
Since there were no Commissioner objections, Mayor Youngman closed the public hearing.
It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the Zone Map
Amendment requested by Doug Smith and Christ the King Lutheran Church under Application No.
Z-0013, to establish an initial zoning designation of "R-3a", ResidentialuTwo-family, Medium-density,
on 29.271 acres described as the West one-half of the West one-half of the Southeast one-quarter,
a portion of the East one.half of the Southeast one-quarter, and Lot 1, Minor Subdivision No. 253,
located in Section 3, Township 2 South, Range 5 East, Montana Principal Meridian be approved,
contingent upon completion of the annexation and master plan amendment processes. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner
Smiley, Commissioner Brown and Mayor Youngman; those voting No, none.
Adjournment - 10:05 p.m.
. There being no further business to come before the Commission at this time, it was moved by
Commissioner Frost, seconded by Commissioner Smiley, that the meeting be adjourned. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner
Smiley, Commissioner Brown and Mayor Youngman; those voting No, none.
MA~U~ff;;LaYor
ATTEST:
~;j~
ROBIN L. SULLIVAN
Clerk of the Commission
.
06-19-2000
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