HomeMy WebLinkAbout1999-08-16 Minutes, City Commission
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
August 16, 1999
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The Commission of the City of Bozeman met in regular session in the Commission Room,
e Municipal Building, on Monday, August 16, 1999, at 3:00 p.m. Present were Mayor
, Youngman, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, City Manager
- Johnson, Assistant City Manager Brey, Staff Attorney Cooper and Clerk of the Commission
Sullivan.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
None of the Commissioners requested that any of the Consent Items be removed for
discussion.
Minutes - SeDtember 8. 1998. Acril 5. Acril 19. Acril 26. June 21. Julv 6. Julv 19. Julv 26.
August 2 and August 9. 1999
It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the
minutes of the meetings of September 8, 1998, and July 26, 1999, be approved as submitted
and that the minutes of the meeting of August 9, 1999, be approved as amended. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Smiley,
Commissioner Rudberg, Commissioner Frost and Mayor Youngman; those voting No, none.
Mayor Youngman deferred action on the minutes of the meetings of April 5, April 19,
. April 26, June 21, July 6, July 19 and August 2, 1999, to a later date.
Ordinance No. 1499 - add in a ChaDter 8.44 to the Bozeman Municical Code. providing for fire
control and reauirina burning cermits within city limits
Previously distributed in the Commissioners' packets was a copy of Ordinance No. 1499,
as approved by the City Attorney, entitled:
ORDINANCE NO. 1499
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED
BY ADDING A NEW CHAPTER TO BE NUMBERED 8.44, PROVIDING FOR THE
FIRE CONTROL WITHIN THE CITY LIMITS AND PERMIT PROVISIONS.
It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that
Ordinance No. 1499, adding Chapter 8.44 to the Bozeman Municipal Code, providing for fire
control within the city limits and requiring burning permits, be finally adopted. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg,
Commissioner Frost, Commissioner Smiley and Mayor Youngman; those voting No, none.
. Ordinance No. 1502 - amendina Section 8.16.060 of the Bozeman Municical Code to delete
the crohibition against burning solid waste
Included in the Commissioners' packets was a copy of Ordinance No. 1502, as approved
by the City Attorney, entitled:
ORDINANCE NO. 1502
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
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MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED
BY REVISING SECTION 8.16.060, DELETING THE PROHIBITION AGAINST
BURNING SOLID WASTE TO ALIGN THIS SECTION OF THE CODE WITH
CHAPTER 8.44.
Staff Attorney Day-Moore noted that this section of the code must be amended, in light
of the Commission's adoption of Ordinance No. 1499 in the previous agenda item, to eliminate
the prohibition on outdoor burning within city limits.
e It was moved by Commissioner Frost, seconded by Commissioner Smiley, that Ordinance
No. 1502, amending Section 8.16.060 of the Bozeman Municipal Code to delete the prohibition
- against burning solid waste, be provisionally adopted and that it be brought back in three weeks
for final adoption. The motion carried by the following Aye and No vote: those voting Aye
being Commissioner Frost, Commissioner Smiley, Commissioner Rudberg and Mayor
Youngman; those voting No, none.
Commission Resolution No. 3312 - establishing the comDosition of the Zoning Commission
under the interim municiDal zonina ordinance: aDDointment of members to the Zoning
Commission
Included in the Commissioners' packets was a copy of Commission Resolution No.
3312, as approved by the City Attorney, entitled:
COMMISSION RESOLUTION NO. 3312
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, ESTABLISHING THE COMPOSITION OF THE ZONING COMMISSION
UNDER THE INTERIM MUNICIPAL ZONING ORDINANCE.
. Responding to questions from the Commission, Staff Attorney Cooper stated this
ordinance will remain in effect during the term of the interim municipal zoning ordinance, which
could be as much as a year and a half. He then indicated that the two-year staggered terms
for the Zoning Commission members will be jeopardized by the term of this resolution; and
there is no requirement that the members of the Zoning Commission also be members of the
City Planning Board.
It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that
Commission Resolution No. 3312, establishing the composition of the Zoning Commission
under the interim municipal zoning ordinance, be adopted. The motion carried by the following
Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg,
Commissioner Frost and Mayor Youngman; those voting No, none.
It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the
following be appointed to the Zoning Commission, with initial terms to end as noted: Richard
J. McConnen and William G. Mitchell with terms to expire on January 31, 2000, and Joanne
H. Eaton, Edward L. Musser and Mary Ellen Wolfe with terms to expire on January 31, 2001.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Rudberg, Commissioner Frost, Commissioner Smiley and Mayor Youngman; those voting No,
none.
. Commission Resolution No. 3313 - authorizing Dlacement of milllevv for senior transDortation
on ballot
Included in the Commissioners' packets was a copy of Commission Resolution No.
3313, as approved by the City Attorney, entitled:
COMMISSION RESOLUTION NO. 3313
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING THE CITY'S INTENT TO SUBMIT THE QUESTION OF
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LEVYING AND ASSESSING AN ANNUAL MILL LEVY OF UP TO 1 MILL TO FUND
SPECIAL TRANSPORTATION SERVICES FOR SENIOR CITIZENS AND PERSONS
WITH DISABILITIES.
City Manager Johnson noted that, included in the Commissioners' packets, was much
of the information requested by the Commissioners at last week's agenda meeting. He then
indicated that the detailed information from the County was just recently received.
Administrative Services Director Miral Gamradt stated that he received 60 pages of
_ information from the County last Friday. He noted the format would not be helpful to the
Commission, and he is not certain he could summarize it, but he will attempt to respond to any
specific questions.
Commissioner Rudberg stated that, with the questions she was asking last week, she
was looking for the total County mill levy and how it is divided among the different activities
and non-profit senior organizations.
In response to additional questions from Commissioner Rudberg, the Administrative
Services Director stated that the County levies are assessed on all properties within the county.
He noted that properties within Bozeman represent approximately 1/3 of the property taxes
paid in Gallatin County.
Commissioner Rudberg noted that, based on the information received, her calculations
show that City residents contribute a total of $133,102 toward services for senior citizens.
Responding to Commissioner Rudberg, Mr. Jeff Rupp, Executive Director of the Human
Resource Development Council, stated that fundraising has been a small part of the GalaVan
revenues in the past and recognized the need to possibly increase that funding source. He then
noted that, by adding all donations together, they total approximately $31,000 in the budget
for this fiscal year. He then indicated that the GalaVan program receives approximately
e $28,000 from the County senior mill levy for transportation.
Commissioner Rudberg stated that if service is to be provided to Belgrade, Manhattan
and Three Forks, then those communities should also contribute toward the program, rather
than relying on Bozeman to supplement the County's mill levy; or those using the service
should pay for it.
Mr. Jeff Rupp stated that, from HRDC's viewpoint, the budget for GalaVan is fairly
simple, with approximately $100,000 in expenses and three main funding sources. He noted
that approximately 90 to 95 percent of the riders live in Bozeman. On that basis, he suggested
that $80,000 to $90,000 of the costs should come from Bozeman, whatever the source might
be. He then indicated that he does not want to do a mill levy because it is fairly labor intensive
to get a mill levy approved, and noted that having the City continue to fund $15,000 annually
is his preference.
Commissioner Rudberg stated that, in light of the nearly $134,000 that city residents
contribute toward senior activities, she does not believe the City is doing nothing. She then
suggested that the City Commissioners, County Commissioners and representatives from the
senior services sit down to identify the funding sources and how the monies should be divided
to be the most beneficial.
Mr. Jeff Rupp stated that he would like to find a stable funding source, although he is
. concerned about being part of a process that asks homeowners to pay more in taxes.
Commissioner Rudberg stated she feels the community should be aware of the monies
being collected and expended for senior programs. She also feels the City should be involved
in how the monies from the senior mill levy are expended.
Mayor Youngman suggested that this subject would be good for an upcoming meeting
with the County Commission. She also indicated that the parameters for campaigning for the
bond issue should be carefully reviewed, noting the Commissioners should possibly limit their
involvement to simply distributing information to the public.
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Commissioner Frost stated he feels it is important to ensure that City funding for the
GalaVan program is fair and equitable.
City Manager Johnson reminded the Commission that the mill levy is for senior
transportation and, if it is successful, on an annual basis the Commission must determine
whether and how much should be given to GalaVan.
Commissioner Rudberg cautioned that the monies will not necessarily be earmarked for
GalaVan; rather, a competitor could begin providing service in the community and the
_ Commission could choose to give the monies to that agency.
Commissioner Smiley stated that, given the demands on the City's revenues, the only
way to ensure a consistent revenue for the senior transportation program is through a mill levy
approved by the community.
Mayor Youngman stated she would prefer to stabilize the funding for this program within
the City's budget, but she recognizes the need to seek public input through a vote, which could
also provide the possibility for expanded funding in future years.
It was moved by Commissioner Frost, seconded by Commissioner Smiley, that
Commission Resolution No. 3213, declaring the City's intent to submit the question of levying
and assessing an annual mill levy of up to one mill to fund special transportation services for
senior citizens and persons with disabilities, be adopted. The motion carried by the following
Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley,
Commissioner Rudberg and Mayor Youngman; those voting No, none.
Commission Resolution No. 3310 - authorizina submittal of technical assistance grant
acclication to the Montana DeDartment of Commerce for a Community Development Block
Grant on behalf of the Human Resource DeveloDment Council
. Included in the Commissioners' packets was a copy of Commission Resolution No.
3310, as approved by the City Attorney, entitled:
COMMISSION RESOLUTION NO. 3310
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AUTHORIZING SUBMITTAL OF AN APPLICATION ON BEHALF OF
HRDC FOR A COMMUNITY DEVELOPMENT BLOCK GRANT TO PROVIDE
TECHNICAL ASSISTANCE TO SMALL BUSINESSES.
Mr. Jeff Rupp, Executive Director of the Human Resource Development Council,
distributed an information sheet about this program to the Commission. He noted the request
is for submittal of an application on behalf of the HRDC for a $5,000 CDBG grant to provide
technical assistance to microbusinesses. He noted that, since the HRDC became certified under
this program in 1992, they have provided assistance to more than 450 individuals, and 31 of
the 50 microbusinesses created under this program are still in operation. He stated that HRDC
has begun discussions with the State of Montana and the Gallatin Development Corporation
to transfer this program to GDC, which will put one more economic development opportunity
under their umbrella. He noted that, if this transfer is successful, the Gallatin Development
Corporation will be the entity making this request next year.
. Commissioner Rudberg expressed her appreciation for this information, in response to
the questions she raised at last week's meeting.
It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that
Commission Resolution No. 3310, authorizing submittal of an application for Community
Development Block Grant monies on behalf of the Human Resource Development Council to
provide technical assistance to small businesses, be adopted, and that the City Manager be
authorized to execute the necessary documents. The motion carried by the following Aye and
No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner
Frost and Mayor Youngman; those voting No, none.
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ADDroval of croDosed comcosition of Water Quality
District Board: accointment of
Commissioner to Board
Previously distributed to the Commission was a letter from the City-County Board of
Health, listing the proposed new composition of the Water Quality District Board.
City Manager Johnson stated that, as a result of discussion at last week's meeting, he
wrote a letter indicating the Commission's informal acceptance of the new composition, but
they have indicated a letter from the Commission is needed.
. Mayor Youngman noted that under the new composition, the Commission is to appoint
..... one of its own to serve on the Water Quality District Board as well as a citizen member. She
noted there is no requirement that the citizen member be a city resident, and suggested that
the Commission consider appointing Kathy Gallagher, who already serves on the board.
Commissioner Rudberg stated she has no problem with sending a letter of support for
the proposed composition and for appointing a City Commissioner at this time; however, she
feels it is important appoint a city resident as the citizen member on the Board.
It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the
Commission authorize and direct the Mayor to sign the letter to the County approving the
proposed composition of the Water Quality District Board. The motion carried by the following
Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Frost,
Commissioner Smiley and Mayor Youngman; those voting No, none.
It was moved by Commissioner Frost, seconded by Commissioner Smiley/that the
Commission appoint the Mayor to serve as the City Commission representative on the Water
Quality District Board. The motion carried by the following Aye and No vote: those voting Aye
being Commissioner Frost, Commissioner Smiley and Commissioner Rudberg; those voting No,
none. Mayor Youngman abstained.
. Following discussion, Mayor Youngman requested that the citizen appointment to this
board be placed on the September 7 agenda.
Accointment to the Tree Advisory Board
Included in the Commissioners' packets was a memo from Clerk of the Commission
Sullivan, dated August 12, 1999, attached to which was a letter from Kirsten Emborg.
It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the
Commission appoint Steve Gullickson to replace Kirsten Emborg on the Tree Advisory Board,
with a term to expire on June 30, 2000. The motion carried by the following Aye and No vote:
those voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner Smiley and
Mayor Youngman; those voting No, none.
Discussion - Commissioner Droiects
(1 ) Mayor Youngman stated that the County Commission has indicated an interest
in conducting a joint meeting on August 30 and asked if the Commissioners are willing to meet
that day, in light of previous discussions about canceling the meeting. She then reviewed the
. topics which they had identified, including the hockey pavilion, the mill levy in the "donut" area
and 9-1-1.
Commissioner Rudberg stated she is not willing to do so, noting that those issues are
either ones that have been previously discussed or ones with which staff must deal. She
indicated that letting the staff have a day off seems to be more important than conducting a
meeting on these topics with the County Commissioners.
Commissioner Smiley stated she would rather meet with the County Commission in
October, noting that a meeting at that time could be more productive.
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Commissioner Frost stated his concurrence, but asked if the County has covered the
additional costs of constructing the pavilion.
Mayor Youngman responded that the County has come to agreement for covering
$50,000 of the additional expenses, with the Bozeman Amateur Hockey Association (BAHA)
indicating a willingness to cover the remainder. She then indicated that the County
Commission was most interested in discussing the 9-1-1 issues and providing policy direction
to the 9-1-1 Administrative Board.
. Responding to Questions from Commissioner Frost, City Manager Johnson stated that
the only way to gather statistical data at this time is to manually go through spiral binders in
- which telephone calls and radio transmissions are chronologically listed.
Commissioner Smiley stated she feels the 9-1-1 Administrative Board should forward
suggestions to the Commissions for their consideration.
The City Manager stated that, at this time, the Administrative Board would forward a
split vote on the level of staffing needed for the 9-1-1 Center. He then noted that, as a
member of the Administrative Board, he may take an action that is different from his
recommendation as City Manager.
Commissioner Frost stated that he feels giving the City staff a day off from Commission
meetings would be more beneficial than meeting with the County Commission, particularly
since the Commissioners don't have any support information to prepare them for discussions
on the various topics.
City Manager Johnson stated a unified budget process for 9-1-1 could be beneficial. He
noted that, at the present time, the City Commission and the County Commission budget
specific amounts of money for specific items, and those items are not always the same. As
a result, the Administrative Board encounters problems with funding certain items. He then
indicated that the City will write a lump sum check and transfer its contribution to the County
. in the near future. He concluded by noting that some of the problems now being encountered
are the result of paring back on the recommendations of the task force.
Mayor Youngman stated that, based on this discussion, she will notify the County
Commission that a majority of the City Commissioners do not wish to conduct a joint meeting
on August 30, but that they wish to conduct a meeting in October.
(2) Commissioner Smiley submitted the following. (1) Noted that when she called
the Health Department, the person answering the phone said "County Health Department", and
she is working with Health Officer Stephanie Nelson to get that corrected to reflect "City-
County Health Department". (2) Stated she has accepted an eighteen-month appointment to
an advisory board to the Gallatin County Planning Board, to work on developing a county-wide
system of trails.
Discussion - FYI Items
City Manager Johnson presented to the Commission the following "For Your
Information" items.
(1 ) Memo from Mayor Youngman, dated August 11/ regarding items to be included
. on the agenda for a joint meeting with the County Commissioners on August 30.
(2) Copy of an article entitled Operation Desert, published in the August 1999 edition
of Governing Magazine, as forwarded by Commissioner Frost.
(3) Copy of a memo announcing that, effective September 7, County Commission
meetings will be held at 9:00 a.m. on Tuesdays, rather than 1 :30 p.m. on Tuesdays.
(4) Agenda for the Development Review Committee meeting to be held at 10:00 a.m.
on Tuesday, August 17/ in the Commission Room.
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(5) Agenda for the City Planning Board meeting to be held at 7:00 p.m. on Tuesday,
August 17, in the Commission Room.
(6) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday,
August 17, at the Courthouse.
(7) Agenda for the Montana Transprotation Commission meeting to be held on
August 18 in Billings.
_ (8) City Manager Johnson submitted the following. (1) Attended a hockey pavilion
.. . meeting on Monday evening, at which he reiterated the City contribution is $180,000. (2)
Spent time with Senator Max Baucus and attended the County Commission meeting on
Tuesday. (3) Went to Helena on Wednesday to iron out some wrinkles in the North 19th
Avenue corridor improvements and traffic signals. He noted that the Montana Department of
Transportation has done everything possible to accommodate the construction of this project
yet this summer. (4) Noted that he will be out of the office during part of the week. (5) Stated
that he attended a mini- TCC meeting with representatives from this regional office of the
Montana Department of Transportation this morning, to discuss a new funding program for
projects in the city. (6) Indicated that JTL is behind on construction of West Oak Street,
because of other contract work in which it is involved, including some City projects.
(9) Commissioner Frost noted that he has submitted an article on Las Vegas,
published in the latest edition of Governing Magazine in this week's packets.
(10) Commissioner Rudberg submitted the following. (1) Noted that in her travels this
summer, she visited many places in Montana and witnessed the youth hockey program in Miles
City, which is an example of people taking responsibility for a program. (2) Stated her
appreciation for the information on parking meters in Aspen. (3) Thanked the City Manager for
the booklet on public lands that was distributed during the trip to the watershed. (4) Noted the
recent article in the newspaper about the bicycle patrol was a good one. (5) Expressed concern
about the recent article in the newspaper by Tim Crawford regarding bison and billboards.
. (6) Stated that she has reviewed the Kirk Park area in light of the considerable amount of
information which the Commission has received. (7) Noted that her travels around Montana
this summer have shown her a significant amount of open space in the state and many friendly
people. (8) Stated she was in Lewistown when the tornado hit this past weekend. (9)
Indicated her support for having the staff time identified on memos providing information to the
Commissioners.
(11 ) Commissioner Rudberg noted she has received telephone calls regarding
knapweed and indicated she has turned those calls over to the City Manager.
Mayor Youngman noted she has received similar calls about knapweed on both private
and City property. She stated that City staff is working with the County Weed Officer in an
attempt to address the problem.
(12) Mayor Youngman stated a County Commissioner has indicated verbally that the
City's vote on the right-of-way for West Babcock Street is not consistent with the County's
action and, as a result, they intend to do nothing at this time.
( 13) Commissioner Smiley noted that on islands in the South Pacific, goose droppings
are used for fertilizer, and suggested that the droppings gathered from city parks be deposited
in the compost pile rather than in the landfill.
. Consent Items
City Manager Johnson presented to the Commission the following Consent Items.
ACknowledge receiDt of staff reDort - intent to deannex 0.129 acres described
as the west 35 feet of Tract 2. COS No. 1877 - Mark and Michele
Cusack. 1320 Hillside lane (A-9905)
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Commission Resolution No. 3311 - intent to deannex 0.129 acres described as
the west 35 feet of Tract 2. COS No. 1877: set oublic hearing for
Seotember 20. 1999
COMMISSION RESOLUTION NO. 3311
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
IN SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARLY DESCRIBED,
TO AMEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO
EXCLUDE SAID TRACT FROM THE CORPORATE LIMITS THEREOF.
Authorize City Manaaer to sign - Amendment to contract documents for
construction of Oak Street between North 7th Avenue and North Rouse
Avenue - JTL Grouc. Inc.
Award bid - bond sale for Soecial Sidewalk. Curb. Gutter and Allev Aooroach
Bonds - Montana Municioal Cooperative. Bozeman. Montana - net interest
cost of 4.99 Dercent
ApDlication for Beer and Wine License (on oremise) - Althea Co. for Grums Deli.
21 07 North 7th Avenue - Calendar Year 1999: continaent on receiot of
State License and comoliance with conditional use oermit
Commission Resolution No. 3314 - authorize City Manager to sian Chanae Order
No. 3 for 1998 Sanitary Sewer Imorovements - PEC. Inc.. Helena.
Montana - add $2.400.00 and 0 calendar days
COMMISSION RESOLUTION NO. 3314
. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, APPROVING AL TERATION/MODIFICATION OF CONTRACT WITH
PLANNED AND ENGINEERED CONSTRUCTION (PEC), INC., HELENA, MONTANA.
Authorize City Manager to sian - Memorandum of Understanding between
Montana Deoartment of Transoortation and City of Bozeman re aeometric
imorovements and signalization on North 19th Avenue
Withdraw Aoril 19 direction to seek Attornev General's ocinion regardina
municioal court
Authorize City Manager to sign - Acceptance of Public Street and Utilitv
Easement from Montana State University - 45-foot-wide easement across
unolatted tract in the SE%. Section 13. T2S. R5E. MPM (for extension of
South 11 th Avenue southward from Kagy Boulevard)
Acceptance of Warranty Deed from Georae E. Westlake and Kay H. Martinen -
Parcel No. 5 for Oak Street from North 7th Avenue to North Rouse
Avenue
Approval of final clat for Diamond Estates Subdivision - subdivide 19.957 acres
. known as the E%. W%. E%. SE%. Section 3. T2S. R5E. MPM. into 9
residential lots and 1 remainder lot (4521 Durston Road)
Authorize Mavor to sign - Findings of Fact and Order - oreliminary olat for
Aldworth Maior Subdivision (aggregate 9.703 acres described as Block 24.
Electric Heights Subdivision. Lot 3. Block 4 of Graf's First Subdivision. and
Tract 1 of COS No. 2015 and rearrange into three lots) (east side of
Sourdouah Road. aooroximately % mile north of Kagy Boulevard)
Claims
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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
Rudberg and Mayor Youngman; those voting No, none.
Discussion re Drocess for selection of fifth Commissioner
e Mayor Youngman suggested that the Commissioners submit their nominations,
individually, to the City Manager by tomorrow. She noted that the City Manager could then
do a phone poll with individual Commissioners to see if there is any potential candidates and,
if so, contact that individual to see if he or she would be willing to serve for the remainder of
the year. She noted that under this process, the names of those under consideration would
not be released and the problems encountered with the previous selection process would be
avoided.
The Commissioners indicated their concurrence with this proposal.
Recess - 4:58 D.m.
Mayor Youngman declared a recess at 4:58 p.m., to reconvene at 7:00 p.m., for the
purpose of conducting the scheduled public hearings.
Reconvene - 7:00 D.m.
Mayor Youngman reconvened the meeting at 7:00 p.m., for the purpose of conducting
the scheduled public hearings.
. Decision - DrODosed amendment to the master plan for Kirk Park. to allow for the construction
of a skate Dark within the park
Included in the Commissioners' packets were copies of the letters of support and
opposition received prior to the August 11 deadline for written testimony.
It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the
decision on this proposed amendment be continued to September 7, 1999, to give the
Recreation and Parks Advisory Board an opportunity to forward its recommendation. The
motion carried by the following Aye and No vote: those voting Aye being Commissioner
Rudberg, Commissioner Frost, Commissioner Smiley and Mayor Youngman; those voting No,
none.
Public hearing - DroDosed master Dlan for Westfield Park
This was the time and place set for the public hearing on the proposed master plan for
development of Westfield Park.
Included in the Commissioners' packets was a copy of the draft master plan for
. Westfield Park, as prepared by Robert J. Taylor. Also included in the packets were the
minutes and recommendation from the Recreation and Parks Advisory Board meeting.
Mayor Youngman opened the public hearing.
Mr. Jeff Krauss, 508 Park Place, stated the master plan for the Westfield Park has been
developed in conjunction with the Recreation Superintendent and the Recreation and Parks
Advisory Board and has incorporated public input from two previous pUblic hearings. He then
forwarded some additional changes which have been requested by Park Foreman Ron Dingman,
as follows: In the bullets on Page 3, under Uldentity" insert Ustandard" before "trail linkage";
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require standard signage for the park; and insert "subject to Park Department review" at the
end of the last bullet. Mr. Krauss then asked that the Commission not approve the second
recommended change, but allow signage which is appropriate to the style of the development
in the neighborhood. He then noted the Park Foreman has also suggested that, under "spatial
use", after playground apparatus and picnic table the phrase "subject to Park Department
approval" be added. Also, on Page 5, he stated the Park Foreman has requested a reference
to the Forestry Division be added under tree pruning and fertilizer. He concluded by stating his
appreciation for City staff, and the input they have provided, and requesting Commission
approval of this plan.
e Mr. Robert J. Taylor, 608 Cambridge Drive. stated he has tried to prepare a master plan
which responds to the site and the neighborhood pressures and provides a feeling like Cooper
Park. He noted that the site responded willingly to those criteria, and will provide a vital linkage
to a number of trails between the Gallagator Trail and the Sundance Trail. He concluded by
stating that he has had a wonderful experience working with the Park Department in developing
this plan and encouraged Commission approval.
Mr. Steve Daines stated he will be living at 519 Oxford Drive. He then indicated that,
as a developer of this subdivision and as a neighborhood resident with four children, he
supports this proposed master plan.
No one was present to speak in opposition to the proposed master plan.
Since there were no Commissioner objections, Mayor Youngman closed the public
hearing.
Commissioner Rudberg forwarded her feeling that neighborhood parks and unique areas
should have appropriate signs, not just standard signs. She then voiced her appreciation for
this master plan, characterizing it as easy to read and understand.
Commissioner Smiley stated her concurrence, noting it is nice to see a neighborhood so
. organized in this type of effort.
At Commissioner Frost's request, Mr. Jeff Krauss once again reviewed the proposed
revisions to the master plan.
It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the
Commission approve the master plan for Westfield Park with the revisions recommended by
the Recreation and Parks Advisory Board and Parks Foreman. The motion carried by the
following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley,
Commissioner Rudberg and Mayor Youngman; those voting No, none.
Public hearing - Commission Resolution No. 3306. levvina and assessing street maintenance
district assessments for Fiscal Year 1999-2000
This was the time and place set for the public hearing on Commission Resolution No.
3306, as approved by the City Attorney, entitled:
COMMISSION RESOLUTION NO. 3306
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
. MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL
YEAR 2000 UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY
OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST AND EXPENSE
INCURRED IN THE CITY-WIDE STREET MAINTENANCE DISTRICT IN THE CITY
OF BOZEMAN AND TO EXTEND THE BOUNDARIES OF SAID DISTRICT TO
ENCOMPASS ANNEXED PROPERTIES.
Mayor Youngman opened the public hearing.
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City Manager Clark Johnson stated that the rates in this resolution reflect a 3-percent
inflationary increase, which will result in an approximate $2.00 increase for a typical residential
lot over last year's assessment. He reviewed the services to be provided by these
assessments, including overlays, chip sealing, paving, graveling, grading, street milling, crack
sealing and patching. He noted that much of this work is hand work and hard labor. He
stated, however, that the City does not own a lot of equipment, so much of the work is
contracted out.
The City Manager reviewed other services provided, including sign installation and
_ replacement, crosswalk maintenance, snow plowing and sanding, tape striping, painting curbs,
maintenance of storm inlets and manholes, street sweeping, signal light maintenance, brush
and leaf collection, maintenance of/ice chopping in Bozeman Creek and street closures for
special events. He stated there are 134 miles of streets and alleys in the city; and the Street
Department has twelve full-time employees to provide the services. He then reviewed the
capital items acquired this past year, which include a sweeper, a vacuum sweeper and a flusher
truck. He noted that this equipment was acquired through a CMAC grant, with the City
contributing $48,000 for $362,000 in equipment. He indicated that CMAC monies can also
be applied to traffic signals, and the City intends to use some of the monies to synchronize the
traffic signals on Main Street and North 7th Avenue. He indicated that the City is now in the
process of implementing a computerized pavement management program in addition to the
geographic information system. He stated the new management program will rank streets by
need and will assist in coordinating street improvements with the replacement of utility lines.
Street/Sanitation Superintendent Roger Sicz characterized the purchase of three pieces
of equipment for $48,000 as a great savings to the taxpayers. He stated that it is his intent
to have every gravel street in the community paved over the next five years, through the use
of recycled millings. He stressed that the millings can be used for residential streets only, since
they cannot handle heavy truck traffic. He noted that, in conjunction with the paving of streets,
some drainage improvements may be needed.
Mr. William Davis, 307 South Bozeman Avenue, stated he is a member of the Bozeman
. Property Owners' Association. He noted that nothing has been done on South Bozeman
Avenue, except filling a few cracks. Last year, he was told overlaying was out of the question
because too much maintenance is needed between East Olive Street and East Story Street;
however, he noted it is now mid-August, and he has been informed no improvements will be
made this year. He stated that the assessment goes up every year, yet no work is done except
when he complains. He noted the street has had so little work done on it that the ties for the
old street cars are still buried in the street, and concluded by asking when something will be
done with his street.
Mr. Joel DuBois, 1207 West Dickerson Street, stated it is nice for the City to pick up
leaves and branches in the fall; however, he suggested that it publish the dates that the streets
will be cleaned, instead of simply posting signs. He also suggested that a similar plan for snow
removal could make that program more effective.
Street/Sanitation Superintendent Sicz confirmed that Mr. Davis has called him. He noted
Mr. Davis is correct that the street is falling apart; however, he noted the infrastructure under
the ground needs to be replaced first. He stated that the pavement management program
should help other departments coordinate their work with his department, thus providing better
service to the residents without wasting money by tearing up recently improved streets. He
characterized South 8th Avenue as being in similar condition to South Bozeman Avenue; and
stated there are also others.
. The Street/Sanitation Superintendent recognized that the snowplowing program could
be improved. He noted, in fact, he still has a program that he submitted unsuccessfully
approximately ten years ago, under which snow maintenance would essentially be done during
regular business hours. He then stated that it takes a significant amount of policing to gain
compliance with signage for street maintenance, since those signs are only temporary, and
suggested that permanent signs and a routine could result in better compliance.
Commissioner Smiley stated that, having grown up south of South Bozeman Avenue,
she is aware of the sewer, water and street problems. She noted it is time for a coordinated
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effort to address these streets, and suggested that the City Manager be directed to oversee
that coordination.
Commissioner Rudberg stated she would like to hear more about the odd/even idea,
recognizing that the result could be better compliance and ease of providing services. She then
stated her appreciation for the snow route map published in the paper. She also voiced her
support for the snow plowing priorities that are currently in place, realizing that residential
streets may not get plowed when back-to-back storms occur.
_ Commissioner Frost stated he feels Bozeman has some of the best street maintenance
in the state, especially in the winter.
Since there were no Commissioner objections, Mayor Youngman closed the pUblic
hearing.
It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that
Commission Resolution No. 3306, levying and
assessing street maintenance district
assessments for Fiscal Year 1999-2000, be finally adopted. The motion carried by the
following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner
Rudberg, Commissioner Frost and Mayor Youngman; those voting No, none.
Public hearina - Commission Resolution No. 3307, levving and assessina tree maintenance
district assessments for Fiscal Year 1999-2000
This was the time and place set for the public hearing on Commission Resolution No.
3307, as approved by the City Attorney, entitled:
COMMISSION RESOLUTION NO. 3307
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
. MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL
YEAR 2000 UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY
OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST AND EXPENSE
INCURRED IN THE CITY-WIDE TREE MAINTENANCE DISTRICT IN THE CITY OF
BOZEMAN AND TO EXTEND THE BOUNDARIES OF SAID DISTRICT TO
ENCOMPASS ANNEXED PROPERTIES.
Mayor Youngman opened the public hearing.
City Manager Johnson stated that under this resolution, a 5 % -percent increase is
proposed, 3 percent for inflation and 2 % percent for equipment replacement. He stated that
the result will be a 71-cent increase over last year's assessment for a typical residential lot.
The services covered by this assessment include trimming of trees, removal of trees, and
maintaining the tree survey, including values. He noted the value of the existing tree inventory
is approximately $18 million, and it is important to maintain and manage this community asset.
He briefly highlighted some of the benefits of tree maintenance, which include protecting the
City's asset and providing trees for future generations, thus helping to ensure air quality,
aesthetics and wildlife habitat.
City Manager Johnson stated that replacement of the boom truck is anticipated in 2003,
since the current truck will be 18 years old at that time, at an estimated cost of $143,000.
. He noted a tree chipper that is pulled behind the boom truck is also scheduled for replacement,
and a stump grinder was purchased last year. He indicated that other services provided by the
Forestry Division include disposal of tree debris, removal of storm damaged trees, disposal of
Christmas trees, composting of those materials which are ground, managing a nursery on the
cemetery grounds, pest management, participating in the cost share program, and cooperating
with utility companies on tree replacement.
Responding to Commissioner Smiley, Forestry Foreman Ryon Stover stated that his
division typically disposes of 60,000 pounds of Christmas trees each year. He noted that this
year, rather than driving around picking up the Christmas trees, the City will create several
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disposal points where people can take their trees. He then indicated that in late October, his
crews cleaned up 45,000 pounds of limbs as the result of storm damage.
Commissioner Rudberg noted the recent tornado in Lewistown, where she witnessed
crews sawing and grinding trees that had been 50 to 100 feet tall and the resulting loss of a
community asset and shade for private properties.
Responding to additional questions, Forestry Foreman Stover reviewed the cost share
tree planting program, noting that his department identifies the species of trees to be planted
e each year, in an effort to develop some diversity. He indicated that not every street has
adequate right-of-way for a boulevard, although the vast majority do; and the cost share
program provides for planting of trees in that area. He noted that the informational pamphlet
stresses these trees are City trees, and the language regarding maintenance of those trees was
designed to stop fly-by-night companies from topping trees.
Mr. Joel DuBois, 1207 West Dickerson Street, stated the tree in front of his house has
not been trimmed in ten years; and the tree on the South 13th Avenue side of his property was
trimmed once in the early 1990s. He also noted that there were five branches down in his
neighbor's yard at one time. In light of that history, he asked what the City's procedure is for
trimming the trees.
Mr. Jon Gerster, 719 North Wallace Avenue, stated he received information about an
organization called the National Tree Trust, located in Washington, and suggested that
obtaining starter stock from them could result in some cost savings. He also suggested that
the development of a public/private partnership could get residents more involved in
maintenance of the trees in front of their homes.
Since there were no Commissioner objections, Mayor Youngman closed the public
hearing.
Responding to Mayor Youngman, Forestry Foreman Stover stated not every tree in town
. has been trimmed. He stated that a comprehensive tree trimming program was begun in 1991,
with a specific area being identified and targeted each year. He noted, however, that this year,
his department has been "'putting out fires" and has been doing work in many of the parks and
for the Street Department.
Superintendent of Facilities and Lands James Goehrung stated that the Forestry Division
operates with two-person crews and is responsible for a large number of trees. He
characterized them as fairly responsive, but noted that they cover a large area. He also noted
that, in many instances, they work in complex situations because of traffic volumes and other
activities, citing South Willson Avenue and Babcock Street as examples. He stated they are
looking at ways to make the operation more efficient through the acquisition of different
equipment. He indicated that they have been maintaining site triangles, but have been reticent
to get into the hedge trimming business, although they recognize the need to make the
sidewalks safer by eliminating those encroachments.
It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that
Commission Resolution No. 3307, levying and assessing tree maintenance district assessments
for Fiscal Year 1999-2000, be finally adopted. The motion carried by the following Aye and
No vote: those voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner
Smiley and Mayor Youngman; those voting No, none.
. Public hearing - COA with deviations from Section 18.18.050. Bozeman MuniciDal Code. to
allow new entry addition which encroaches 1 0 feet into reauired 25-foot front yard setback and
allow modification of existina garage which encroaches 6 feet into reauired 8-foot side yard
setback on lot 6. Block 8. Lindley and GUY'S Addition - Allan Dunayer and Christine JOY. 224
South Bozeman Avenue (Z-9995)
This was the time and place set for the public hearing on the Certificate of
Appropriateness requested by Allan Dunayer and Christine Joy under Application No. Z-9995,
with deviations from Section 18.18.050 of the Bozeman Municipal Code to allow a new entry
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addition which encroaches 10 feet into the required 25-foot front yard setback and to allow
modification of an existing non-conforming garage which encroaches 6 feet into the requred
8-foot side yard setback on Lot 6, Block 8, Lindley and Guy's Addition. The property is more
comonly known as 224 South Bozeman Avenue.
Mayor Youngman opened the public hearing.
Historic Preservation Planner Derek Strahn presented the staff report. He stated that this
application includes a variety of improvements to the existing residence, including an addition
_ on the west end which encroaches into the front yard setback, addition of a roof over the deck,
replacement of the roof, new skylights and remodeling of the garage. He stated that staff has
reviewed this application in light of the criteria set forth in the zone code, and staff's findings
are contained in the written staff report. He noted that, as a result of that review, staff has
found the work will not adversely affect the neighbors and will enhance the property and the
neighborhood, and has recommended approval.
Mr. Allan Dunayer, applicant, indicated a willingness to respond to questions.
Mr. Bill Davis, 307 South Bozeman Avenue, stated he thinks this application will result
in enhancing the property and he supports it.
No one was present to speak in opposition to the requested deviations.
Since there were no objections, Mayor Youngman closed the public hearing.
It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the
Commission approve the Certificate of Appropriateness requested by Allan Dunayer and
Christine Joy under Application No. 2-9995, with deviations from Section 18.18.050 of the
Bozeman Municipal Code to allow a new entry addition which encroaches 10 feet into the
required 25-foot front yard setback and to allow modification of an existing non-conforming
garage which encroaches 6 feet into the required 8-foot side yard setback on Lot 6, Block 8,
. Lindley and Guy's Addition, subject to the following conditions:
1. The applicant shall obtain a building permit within one year of Certificate
of Appropriateness approval or this approval shall become null and void.
2. This project shall be constructed as approved and conditioned in the
Certificate of Appropriateness application. Any modifications to the
submitted and approved drawings shall invalidate the project's approval
unless the applicant submits the proposed modifications for review and
approval by the Planning Office prior to undertaking said modifications, as
required by Section 18.62.040 of the Bozeman Municipal Code.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Frost, Commissioner Smiley, Commissioner Rudberg and Mayor Youngman; those voting No,
none.
Public hearinQ - variance from Section 16.16.010.H.. Bozeman Municipal Code. to allow Allison
Subdivision. Phase II. to be constructed as a 24-lot single-familv residential subdivision without
a secondary access in the NE* and SE*. Section 24. T2S. R5E. MPM - David Jarrett for Bon
Ton. Inc. (south side of Morning Star School) (P-9926)
. This was the time and place set for the public hearing on the variance from Section
16.16.010.H. of the Bozeman Municipal Code, as requested by David Jarrett for the Bon Ton,
Inc., under Application No. P-9926, to allow Allison Subdivision, Phase II, located in the
Northeast one-quarter and Southeast one-quarter of Section 24, Township 2 South, Range 5
East, Montana Principal Meridian, to be constructed as a 24-lot single-family residential
subdivision without a secondary access. The subject property is located along the south side
of Morning Star School.
Mayor Youngman opened the public hearing.
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Assistant Planning Director Debbie Arkell presented the staff report. She stated this
request for variance accompanies an application for a proposed subdivision, and is needed since
the applicant proposes a 24-lot subdivision without a secondary access. She stated this
subdivision is part of a 120-acre parcel which was annexed in 1980. She noted that Morning
Star School lies to the north, and is the first development on this parcel; and a four-lot single-
family residential subdivision was recently approved, making this the third portion of the
property to be developed.
The Assistant Planning Director stated that, because of the shape of the subject parcel
_ and the location of this proposed phase, 2,700 square feet of road would be required to provide
the secondary access to the subdivision. She noted that South 11 th Avenue is to be extended
southward from Kagy Boulevard within the next few years, and West Graf Street is to be
extended from South Third Avenue to South 11th Avenue to enhance the major transportation
loop in that area. She stated that extending those roadways at this time, at either a collector
or arterial status, would be cost prohibitive. She recognized that a local street could be
required to provide the secondary access; however, until the entire subdivision is engineered
and the location of the water and sewer lines determined, that may be premature.
Assistant Planning Director Arkell stated that staff has reviewed this application in light
of the criteria set forth in the subdivision regulations, and their comprehensive findings are
contained in the written staff report. She noted that concerns identified include the additional
traffic on Westridge Drive, since there is to be only one way in and one way out if this variance
is approved. It was suggested that, with a secondary access to West Arnold Street, traffic
impacts could be lessened on Westridge Drive. She stated that, after considering those
concerns, staff has forwarded a recommendation for approval of this variance, finding that
requiring the secondary access would create an undue hardship on the applicant, and approval
will not result in detriment to the community. She noted that staff has also found this request
meets the four criteria for consideration of subdivision variances. She indicated that
discussions with the City Engineer regarding the impact that traffic from this subdivision might
have on the intersections of South Third Avenue with West Graf Street and Wagon Wheel Road
revealed this 24-lot residential subdivision will not have any negative impacts on the
. transportation facility. She stated that, if the Commission chooses to grant this variance, it
may impose conditions, although staff has not identified any issues at this time that cannot be
addressed during the subdivision review.
Mr. Dave Jarrett, 3309 Sundance Drive, applicant, stated it would be a considerable
hardship to construct the secondary access at this time, since it would require the extensions
of both West Graf Street and South 11 th Avenue. He noted, in fact, that the bank would not
loan the monies for the project; and the subdivision would be unable to proceed. He concluded
by indicating a willingness to respond to questions.
City Manager Johnson noted the applicant has allowed people to use a trail through the
current hayfield as part of the Gallagator Trail. He asked how the linear trail is to be
accommodated with this development, and whether an easement will be provided.
Mr. Jarrett stated that the trail along the bottom of the creek is an agreed-upon part of
the trail; and the School District has dedicated that portion of the trail along the south side of
the school. He anticipates the trail will follow along the easement for water and sewer, then
follow sidewalks to South Third Avenue and then along South Third Avenue.
Assistant Planning Director Arkell stated that during pre-application for the subdivision,
the issue of parkland must be addressed with the Recreation and Parks Advisory Board. She
. noted that staff is proposing a 6-acre park, possibly at South 11 th Avenue, and dedication of
the wetlands that the school uses for its studies and the trail along the creek.
City Manager Johnson asked what will trigger the need for construction of South 11 th
Avenue and West Graf Street.
Assistant Planning Director Arkell responded that update of the transportation plan will
help to address that question. She suggested, however, that no further development should
be allowed on this 120-acre parcel without a secondary access.
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Mr. Jarrett stated that conversations with representatives from Montana State University
indicate they are amenable to the southward extension of South 11th Avenue. He suggested
that the development of other properties in the immediate area, including Mr. Boylan's property
along the west side of South 11 th Avenue, could impact the timing. He estimated that South
11th Avenue will be extended within the next five to six years.
Responding to Commissioner Frost, the Assistant Planning Director stated that the City
Engineer reviewed the transportation studies when determining that this subdivision will not
have negative impacts on South Third Avenue or its intersections.
e Commissioner Frost voiced his continued concerns about traffic impacts. particularly in
light of the concerns that have been identified when other subdivisions further to the south
have been considered.
Mayor Youngman stated she is not willing to support this requested variance until she
sees the level of service information and some conditions have been identified to ensure that
that information is verified prior to proceeding with the subdivision. She is also concerned
about the point at which construction of South 11 th Avenue will be triggered, suggesting that
issue should be addressed in both this action and the subdivision review. She voiced her
concerns about piecemeal development of this large parcel, the safety of the children attending
the school, and the traffic problems encountered at school time.
Commissioner Frost stated that waivers don't seem to work well; and he wants to take
steps to ensure that construction of South 11 th Avenue becomes mandatory at a specific
point.
Responding to the concerns voiced by various Commissioners, Mr. Jarrett stated he
understands their concerns. He stated it was his impression when other developments to the
south were being considered, it was with the understanding that traffic generations at near the
maximum amount for this 120 acres were figured into the traffic generations.
. Assistant Planning Director Arkell responded that the sewer projections for that area
include the subject 120-acre parcel, but indicated she is unsure about the traffic projections.
Commissioner Rudberg expressed her concern that these issues should have been raised
at last week's meeting, so the necessary staff people could be present and have suggested
conditions to address them.
Commissioner Smiley suggested that the questions and issues raised may not necessarily
affect development of this subject parcel, but may trigger further development of the property.
Mayor Youngman stated she wants a park plan for the entire subdivision as well as a
traffic plan, stating she does not want to create another Babcock situation without an identified
solution.
Since there were no objections, Mayor Youngman closed the public hearing.
It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the
decision on this requested variance be tabled until September 7, to give staff an opportunity
to address the questions raised and develop some proposed conditions. The motion carried by
the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner
Rudberg, Commissioner Frost and Mayor Youngman; those voting No, none.
. Public hearing - reauest for modification of Condition No. 13 for Rose Park Subdivision. to allow
OCCUDancv of six four-Dlex structures Drior to the traffic signal at the intersection of West Oak
Street and North 19th Avenue being fullv oDerational - Rose Park Holdinas. LLC (south side of
West Oak Street. west of Brentwood Subdivision) (P-9917A)
This was the time and place set for the public hearing on the request for modification
of Condition No. 13 for Rose Park Subdivision, as requested by Rose Park Holdings, LLC, under
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Application No. P-9917 A, to allow occupancy of six four-plex structures prior to the traffic
signal at the intersection of West Oak Street and North 19th Avenue being fully operational.
Mayor Youngman opened the public hearing.
Included in the Commissioners' packets was a letter from Morrison-Maierle, Inc., dated
August 4, requesting that consideration of this item be postponed to September 20.
City Manager Johnson noted that, distributed just prior to the meeting, was a letter of
_ withdrawal from the applicant, dated August 15.
. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the
Commission acknowledge receipt of the letter of withdrawal, as submitted by the applicant.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Rudberg, Commissioner Frost, Commissioner Smiley and Mayor Youngman; those voting No,
none.
Public hearina - reauest for modification of Condition Nos. 13. 14 and 20 for Bridger Peaks
Town Center Subdivision. to allow construction on all lots Drior to the traffic signal at the
intersection of West Oak Street and North 19th Avenue being fully oDerational - Bridger Peaks.
LLC (north side of West Oak Street and east side of North 19th Avenue) (P-9918A)
This was the time and place set for the public hearing on the request for modification
of Condition Nos. 13, 14 and 20 for Bridger Peaks Town Center Subdivision, as requested by
Bridger Peaks, LLC, under Application No. P-9918A, to allow construction on all lots prior to
the traffic signal at the intersection of West Oak Street and North 19th Avenue being fully
operational.
Mayor Youngman opened the public hearing.
. Associate Planner Chris Saunders presented the staff report. He reminded the
Commission that Bridger Peaks Town Center Subdivision is an 11-lot major subdivision for
commercial uses located on 21.5 acres at the northeast corner of the intersection of West Oak
Street and North 19th Avenue. This application is to amend three of the conditions of original
approval.
Associate Planner Saunders stated that staff has reviewed this application in light of the
criteria contained in the subdivision regulations, and the staff's comprehensive findings are
contained in the written staff report. As a result of that review, staff concluded the traffic
generated by development of this site will be significant and that the traffic signal must be in
place prior to occupancy of any of the structures.
Associate Planner Saunders stated that the Development Review Committee considered
this request and, as a result of discussion, developed revised conditions which are acceptable
to staff. He noted those include a revision to Condition No. 13, to allow for permits for
foundations only for lots subject to the letting of the bid for street improvements and full
building permits when the traffic signal is operational. He noted this addresses the needs of
the applicant to respond to the short construction season while preserving the public health,
safety and welfare.
The Associate Planner noted that staff has received three letters of opposition, all from
. residents of Brentwood Subdivision; and those letters have been forwarded to the Commission.
Responding to Commissioner Frost, the Associate Planner indicated that a building
permit with restrictions is issued when foundations only are authorized. He then stated that
under the original approval, construction on four lots in the planned unit development could be
started prior to completion of the traffic signal, and that construction is currently in progress.
He then indicated that the contract for the traffic signal is to be let this fall, with the project
to be completed by December 31 and the signal operational on January 1.
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Mr. Keith Belden, Morrison-Maierle, withdrew the requested modification to allow the
issuance of full building permits, stating the applicant has determined that would be premature.
He noted, rather, the applicant is willing to accept staff's recommendation to allow issuance
of permits for foundations only.
Mr. Belden provided a brief background on the development of this corridor, including
the projects that have been recently approved and undertaken and the conditions attached to
several of them. He noted those conditions include improvements to the intersections of both
North 19th Avenue and Baxter lane and North 19th Avenue and West Oak Street. He stated
_ that a review of the history of this corridor also revealed the need for addressing the
improvements on an overall basis, rather than on a piecemeal basis. He indicated that his firm
has been working diligently with the Montana Department of Transportation on the
development of plans and specifications for those improvements.
Responding to City Manager Johnson, Mr. Belden stated he has talked to the Montana
Department of Transportation about the cost estimates for this project and, given the shortfall
in funding, he feels it is premature to get the developer agreement signed.
Mayor Youngman expressed concern that the tendency of developers along North 19th
Avenue is to ask for more and more, and she is concerned about approval of a foundation only
permit that may lead to future requests.
Mr. Belden recognized the Mayor's concerns. He noted, however, that even if the traffic
signal at the intersection of West Oak Street and North 19th Avenue is not operational until
early spring, it should not cause any problems because occupancy of the major building in this
development is not anticipated until March 1.
Since there were no objections Mayor Youngman closed the public hearing.
It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the
Commission approve the request for modification of Condition Nos. 13, 14 and 20 for Bridger
. Peaks Town Center Subdivision, as requested by Bridger Peaks, lLC, under Application No.
P-9918A, to allow construction on all lots prior to the traffic signal at the intersection of West
Oak Street and North 19th Avenue being fully operational, so that those conditions shall read
as follows:
13. Prior to filing of any plat, the intersection improvements and signalization
of the intersection of North 19th Avenue and West Oak Street to bring the
level of service of the intersection to a level "C", considering a 15-year
design timeframe, shall be financially guaranteed or constructed. Prior to
issuance of temporary or permanent occupancy of any buildings, the
improvements and signal shall be in place and operational.
Building permits for Lots 2, 5 8 and 11 may be issued if the intersection
geometric improvements and signalization are financially guaranteed.
Building permits, for foundations only, for all other lots may be issued
when the intersection geometric improvements and signalization are
financially guaranteed and the contracts for construction of the geometric
improvements have been signed by all parties. Full building permits for all
other lots may be issued when the intersection geometric improvements
and signalization are completed, accepted and the traffic signal is
operational.
. 14. West Oak Street shall be widened to include a second westbound lane and
curb and gutter in accordance with plans available from the office of the
City Engineer for the full length of the property prior to filing of the final
plat for Phase J. The developer's engineer shall provide for the design of
the storm drainage facilities for the widening. The applicant may choose
to financially guarantee these improvements. Buildings shall not receive
temporary or permanent occupancy until such time as the improvements
are completed and accepted by the City and the Montana Department of
Transportation.
08-16-99
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20. Prior to the issuance of temporary or permanent occupancy permits for
any building, all improvements required for Phase I and Phase " of the
subdivision shall be constructed and operational, including (1) water and
sewer main extension, (2) public/private streets, curb/gutter, sidewalks
and related storm drainage infrastructure and (3) intersection
and
signalization improvements to the intersection of West Oak Street and
North 19th Avenue.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
_ Frost. Commissioner Smiley, Commissioner Rudberg and Mayor Youngman; those voting No.
none.
Break - 9:10 to 9:15 D.m.
Mayor Youngman declared a break from 9: 1 0 pm. To 9: 15 p.m., in accordance with
Commission policy.
Public hearina - Zone Code Amendment - Michael W. Delanev M to amend Section
18.32.010.B.. Bozeman MuniciDal Code. to eXDand the "core area" of the central business
district to include one-half block on each side of Main Street between Rouse Avenue and
Broadwav Avenue and amend the reauired off-street Darkina for permitted uses (Z-9991)
This was the time and place set for the public hearing on the Zone Code Amendment
requested by Michael W. Delaney under Application No. Z-9991 ,
to amend Section
18.32.010.B. of the Bozeman Municipal Code to expand the "core area" of the central business
district to include one-half block on each side of Main Street between Rouse Avenue and
Broadway Avenue and to amend the required off-street parking for permitted uses, as contained
in Section 18.50.120.F.
. Mayor Youngman opened the public hearing.
Assistant Planner Therese Berger presented the staff report. She stated that under this
application, the "B-3", Central Business, district is to be expanded to include one-half block on
each side of East Main Street between Rouse Avenue and Broadway Avenue. Also, under this
application, the parking requirements for all permitted uses, except residential uses, are to be
amended to require one parking space per 450 square feet of gross floor area.
The Assistant Planner noted the core downtown area generally houses high volume
pedestrian uses on the lower levels, with lower volume pedestrian uses on the upper levels.
She reminded the Commission that, in 1977, a special improvement district was created to
fund parking improvements in the downtown area; in 1994, the Commission established a
downtown area urban renewal district; in 1995, an urban renewal plan was adopted; and in
1998, the downtown improvement plan was adopted. She stated that plan includes specific
projects, including parking improvements and
establishment of a downtown parking
management plan.
Assistant Planner Berger stated that staff has reviewed this zone code amendment in
light of the twelve criteria established in the Montana State statutes, and the staff's
comprehensive findings are contained in the written staff report. She briefly highlighted those
findings and concluded by forwarding staff's recommendation for denial. She stated the City-
. County Planning Board conducted its public hearing on this application at its July 20 meeting
and, following consideration of the criteria, staff findings and public testimony, concurred in
staff's recommendation for denial.
Mr. Michael Delaney, applicant, submitted a letter of support from MacKenzie River
Pizza. He indicated that he has a goal for the subject property and the downtown, cautioning
that, with the changes taking place on North 19th Avenue, steps must be taken to ensure the
downtown does not die. He stated this zone code amendment will help potential building
owners, developers and retail merchants. He noted that several improvements are being
undertaken in the downtown area, citing the First Security Bank and American Bank East as
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examples, and stressed the importance of aggressively pursuing improvements along the East
Main Street corridor to eliminate the eyesores around Lindley Park. He noted that encouraging
high volume pedestrian traffic in the downtown will help to ensure that it remains healthy, and
stated that is one of the characteristics which will continue to separate it from the North 19th
Avenue corridor.
Mr. Delaney noted that the zone code currently requires one parking space per 250
square feet of floor space, noting those code requirements are the same as for businesses along
North 19th Avenue. He suggested that this is illogical because of the pedestrian friendly
e atmosphere that is desirable and essential for a successful downtown area. He stated that,
while business owners have paid into the cash-in-lieu fund for parking spaces, no additional
spaces have been provided; and the result has been increased costs. He also noted that the
renovation and rehabilitation of older buildings, as well as providing handicapped access, can
be very costly; and steps must be taken to encourage development in the downtown.
Mr. Delaney stated he is in the process of seeking approvals to convert the structure at
the northeast corner of East Main Street and North Wallace Avenue into a restaurant and pool
hall; and the Planning staff has determined 78 parking spaces will be required. He noted that
the current zone code requirements for parking are very difficult to use, and indicated that his
proposal to simplify the code and change the requirements from generally one parking space
per 250 square feet to one space per 450 square feet of floor area is in everyone's best
interests. He concluded by encouraging Commission approval of application, noting he has
received many endorsements and no objections from the general public.
Mr. Chris Pope, downtown property and business owner, stated he has been in business
since 1992. He noted that, as a Bozeman citizen, he is proud of the downtown and recognized
that many people work to keep it healthy. He indicated the East Main Street area has been
foresaken over the years, partly because of environmental challenges, and it is now ripe for
improvement.
Mr. Pope stated that Mr. Delaney's proposal for development falls into the spirit and
. details of the improvement plan that has recently been adopted. He noted the downtown
property owners and the urban renewal plan did not support the recent increase of the cash-in-
lieu payment to $5,000, and cautioned that, as a result, businesses can no longer afford to
locate in the downtown or expand. He concluded by noting that congestion should be
encouraged in the downtown, stating the result will be people parking their cars and walking.
Mr. Jon Gerster, 719 North Wallace Avenue, characterized downtown Bozeman as a
"rare and precious gem". He stated that he has not observed the parking problems about
which he has read in the newspaper and, in fact, shops in the downtown area as much as
possible. He noted Historic Preservation Officer Strahn has observed that historic buildings
need to evolve to remain useful, and recognized this zone code amendment could help to foster
that re-use. He concluded by recognizing it is difficult to go against staff and advisory board
recommendations, but asked the Commission to give careful consideration to this application.
Mr. Christopher Nixon, 719 North Wallace Avenue, stated his concurrence with Mr.
Gerster's comments. He voiced his excitement about the projects currently underway along
East Main Street, and noted he has not encountered parking problems in the downtown. He
concluded by encouraging Commission approval of this application.
Commissioner Smiley stated she feels it is important to expand the downtown area, as
proposed. She noted that encouraging density is important to the health of the downtown, and
. noted she has not had any problems in parking downtown.
Commissioner Frost stated his concurrence with the staff findings. He suggested that
a "B-3" zoning designation with reduced parking could, with decreased setbacks, allow for
higher densities and add population to the area. He recognized that expanding the core area
of the downtown might be appropriate, but suggested that more encouragement should be
given for residences on floors above the ground level.
Commissioner Rudberg stated she has always been able to find a parking space in the
downtown area. She indicated that she does not believe the North 19th Avenue corridor will
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have a negative impact on the downtown, noting that type of development is significantly
different from the downtown. She noted that she wants to support this application but, to do
so, she feels it is imperative for various agencies, including the Downtown Bozeman
Association, the Downtown Improvement District Board, the Parking Commission, the Planning
Board and the Chamber of Commerce, to sit down and talk about the downtown. She
suggested that attracting people to the historic downtown area should include signs identifying
the history. She noted that she would like to see this meeting occur within the next thirty
days.
- Since there were no objections, Mayor Youngman closed the public hearing.
It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the
Commission approve the Zone Code Amendment requested by Michael W. Delaney under
Application No. Z-9991, to amend Section 18.32.010.B. of the Bozeman Municipal Code to
expand the "core area" of the central business district to include one-half block on each side
of Main Street between Rouse Avenue and Broadway Avenue and to amend the required off-
street parking for permitted uses, as contained in Section 18.50.120.F., and authorize and
direct staff to bring back an ordinance amending the zone code to expand the core area and
amend the parking requirements to one space per 450 square feet of gross floor area,
contingent upon aproval of a zone map amendment changing the zoning from "B-2" to "B-3"
on the property at the northeast corner of the intersection of East Main Street and North
Wallace Avenue. The motion carried by the following Aye and No vote: those voting Aye
being Commissioner Smiley, Commissioner Rudberg,
Commissioner Frost and Mayor
Youngman; those voting No, none.
Adjournment - 10:03 D.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 Rudberg and Mayor Youngman;
those voting No, none.
~/j~
MARCIA B. YOUN M N, Mayor
ATTEST:
~J~
R IN L. SULLIVAN
Clerk of the Commission
.
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