HomeMy WebLinkAbout1999-08-02 Minutes, City Commission
MINUTES OF THE MEETING OF THE CITY COMMISSION'
BOZEMAN, MONTANA
. August 2, 1999
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The Commission of the City of Bozeman met in regular session in the Commission Room,
Municipal Building, on Monday, August 2, 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.
City Manager Johnson requested that the Settlement Agreement for Babcock Meadows
be removed from the Consent Items and placed on next week's agenda since it has not yet
been executed by the other party involved.
Minutes - 'SeDtember 8. 1998. Aoril 5. Aoril 19. April 26. June 21. July 6. Julv 19. Julv 26
and July 28. 1999
It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the
minutes of the meeting of July 26, 1999, be approved as submitted. The mdtion 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 September 8, 1998,
April 5, .April 19, April 26, June 21, July 6, July 19 and July 28, 1999 to a later date.
. Review of rules of Drocedure and conduct of Commission meetinqs
Included in the Commissioners' packets was a copy of Commission Resolution No.
3294, which is the most recently revised version of the Commission's rules of procedure.
Mayor Youngman noted that she has reviewed the Commission's rules of procedure and
Robert's Rules of Order to see if changes can be made to streamline Commission meetings as
well as to conduct the meetings in a more formal manner. She then proposed that the rules
of procedure be changed to eliminate the roll call and the motion on the minutes if their
adoption is not contested. She noted that if there are any corrections to the minutes, the
Commission could then vote on their approval. She encouraged the Commissioners to forward
any other timesaving measures or any other revisions to the rules of procedure.
Mayor Youngman stated that Pages 5, 6 and 8 of the current rules of procedure all
pertain to different elements of decorum and behavior. She noted that, at least for the next
few months, she feels it would be helpful to follow the rules of procedure more formally, noting
that formality is a good refuge when there is disagreement and the potential for tenseness.
Mayor Youngman noted that the rules of procedure provide for a very structured manner
. for asking questions of staff. She suggested that, rather than becoming too stiff,
Commissioners be allowed to ask related questions when another has the floor. She stressed,
however, that during debate, it is important to avoid personalities or to arraign the motives of
another Commissioner, noting those issues are covered both in the City's rules of procedure
and Robert's Rules of Order. She also encouraged the Commissioners to be careful in their
comments, particularly since she has received calls from people following Commission meetings
because they have felt crushed by those comments. She recognized that some of those calls
have been based on misperceptions; however, she suggested that a more formal atmosphere
may alleviate those feelings. She concluded by recognizing that the Commission table does not
lend itself to easily seeing the Commissioners and encouraged them to make their best effort
to get her attention.
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Commissioner Smiley stated her support for Mayor Youngman's suggestions. She
asked, however, that the Mayor establish a time limit for people to speak and hold to it
consistently.
Commissioner Frost concurred with the proposal for a time limit, suggesting three
minutes as a possibility. He noted that repetition in testimony is a key factor in making that
determination.
Mayor Youngman noted that sometimes repeating one's comments can tend to help
those testifying for the first time, but she will more closely monitor that issue.
.
Preliminarv Dlat - Jeff Aldworth. SIMGRAF Corooration. and Kurtis and Wendy Tolliver -
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 rearranae them into three lots (east
side of Sourdouah Road. aDDroximatelv %. mile north of Kagv Boulevard) (P-9925)
This was the time and place set for review of the preliminary plat requested by Jeff
Aldworth, SIMGRAF Corporation, and Kurtis and Wendy Tolliver under Application No. P-9925,
to aggregate 9.703 acres described as Block 24, Electric Heights Subdivision; Lot 3, Block 4
of Graf's First Subdivision; and Tract 1 of cas No. 2015 and rearrange them into three lots.
The subject property is more commonly located along the east side of Sourdough Road,
approximately one-quarter mile north of Kagy Boulevard.
Assistant Planner Joni Killebrew presented the staff report. She stated the proposed
aggregation of lots and redividing the property into three lots involves two subdivisions inside
city limits as well as property outside city limits. She noted that, at the present time, the only
new lot without anything on it is the lot that will be created from the lots in the Electric Heights
Subdivision. She indicated that the provision of services is the issue which has triggered the
requested replatting of lots.
. The Assistant Planner stated the master plan land use designation is urban residential
infill on that portion within city limits and urban residential on that portion outside city limits.
She noted that this application will also be considered by the County Commission at its meeting
tomorrow. She concluded by noting that the City-County Planning Board considered this
application at its July 20 meeting and, following the public hearing and review of the criteria
and staff findings and recommendations, forwarded its recommendation for approval, subject
to the conditions recommended by staff.
Mr. Ron Allen, surveyor representing the applicants, indicated a willingness to respond
to questions.
It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the
Commission approve the preliminary plat requested by Jeff Aldworth, SIMGRAF Corporation,
and Kurtis and Wendy Tolliver under Application No. P-9925, to aggregate 9.703 acres
described as Block 24, Electric Heights Subdivision; Lot 3, Block 4 of Graf's First Subdivision;
and Tract 1 of cas No. 2015 and rearrange them into three lots, subject to the following
conditions:
1. The final subdivision plat shall conform to all requirements of the Bozeman
Area Subdivision Regulations and the Uniform Standards for Final
Subdivision Plats and be accompanied by all appropriate documents,
. certification by the State Department of Environmental Quality Subdivision
Program, a final platting certificate, and all required certificates. The
Certificate of Dedication must be signed by all record owners of the
property and Certificates of Mortgages must be signed by all lien holders
on the property. Four cloth back (or equivalent) copies of the final plat
must be submitted for final plat approval, along with a digital copy of the
final plat, on a double sided, high density 3 %-inch disk.
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2. Montana Department of Environmental Quality release of sanitary
restrictions must be obtained for the subdivision prior to final plat
approval.
3. The final plat shall show the location of both the existing trail and the filed
trail easement. Because the trail on lots A & B is not built according to
the existing recorded easement, the City of Bozeman shall abandon the
incorrect easement once the applicant has filed the final plat with the
Gallatin County Clerk and Recorder's Office.
. 4. The applicant shall provide and file with the County Clerk and Recorder's
Office executed Waivers of Right to Protest Creation of SIDs/RIDs for the
following:
a. Street improvements to. Sourdough Road including paving,
curb, gutter, sidewalk and storm drainage.
b. Any water and sewer main extensions needed to serve Lot
A.
The document filed shall specify that in the event SIDs/RIDs are not
utilized for the completion of these improvements, the applicant agrees to
participate in an alternate financing method for the completion of said
improvements on a fair share, proportionate basis as determined by square
footage of property, taxable valuation of the property, traffic contribution
from the development or a combination thereof.
5. The portions of the street rights-of-way for Sourdough Road that are
within the boundaries of this subdivision shall be dedicated to the public
on the final plat for this subdivision. This includes up to 60 feet in width
. where applicable adjacent to the north end of Lot A and 30 feet adjacent
to Lot B and the south end of Lot A.
6. Prior to building on Lot A, encroachment permits must be obtained from
the County Road Office.
7. A "no access" strip shall be shown on the final plat along Lots A and B,
except at approved county road accesses.
8. A proportional reimbursement of paving costs shall be made for the paving
of Sourdough Road prior to final plat approval. The County Road
Department will provide a detail of the amount of the reimbursement and
to whom it shall be paid.
9. Both Road and Fire Impact Fees, where applicable, shall be paid to Gallatin
County, per Gallatin County Impact Fee standards, for Lot B prior to final
plat approval.
10. The Gallatin County standard covenants will apply to all non-annexed
property as per Section 16.34.030 of the Bozeman Area Subdivision
Regulations. The Covenants and a list of conditions of preliminary plat
. approval shall be submitted to the Gallatin County Attorney's Office at
least 30 days prior to scheduling a hearing for final plat approval. The
Attorney's Office shall review and approve the covenants prior to final plat
approval.
11. The additional covenants noted below shall be added to the existing
covenants listed on the preliminary plat and shall be filed with the final
plat.
a. No development or construction within the city limits which
requires water or sewer service will be permitted without
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further review and approval
by the City Engineering
Department and the City Water/Sewer Department.
b. City water and sewer service will not be provided to any
portions of this subdivision that are not annexed into the
City of Bozeman.
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.
Review of recommendations of CDBG Economic DevelODment Revolvina Fund Loan Review
Committee re acclication submitted bv ImcleMax EauiDment Co.. Inc.
This was the time and place set for review of the recommendations of CDBG Economic
Development Revolving Fund Loan Review Committee regarding the application submitted by
ImpleMax Equipment Co., Inc.
Ms. Christina Boyle, Executive Director of the Gallatin Development Corporation,
forwarded the CDBG Economic Development
Loan Review Committee's unanimous
recommendation for approval of a $100,000 loan at 6 percent interest, along with the
following terms of the loan:
1. Interest only payments for the first twelve months.
2. Seven-year amortization beginning in the thirteenth month, with a balloon
payment of $63,347.81 in Month 48.
3. That the loan be secured by a first lien on receivables and inventory.
. 4. No repayment of investor loans is to be made until this loan is repaid.
5. Personal guarantees shall be made by specified principals involved in the
company.
Ms. Boyle noted that ImpleMax is a four-year-old manufacturer and marketer, with an
exclusive licensing agreement for a newly-patented attachment for equipment manufactured
by Caterpillar; and it is anticipated that attachment will soon be in high demand. She stated
that ImpleMax needs monies to grow to meet those demands. She noted that the application
exceeds the criteria for approval of the loan, noting it includes matching monies at the ratio of
2 % to 1.
Mr. Will Callahan, founder and president of ImpleMax, stated he has built his company
around a product invented in Montana. He stated that the company will be distributing up to
sixteen models, and possibly more, nationally. He noted the next step is for his company to
enter the large construction market, providing attachments for Case and Caterpillar. He noted
that they will not be a local business but will grow through exporting both throughout the
country and Canada. He indicated that they have successfully developed relationships with 20
dealers, and their goal is to develop similar relationships with up to 1,200 dealers.
. Mr. Callahan stated the requested loan is mainly for inventory, with a distribution
network through which materials move quickly. He noted that, at the present time, Midwest
Industries is carrying their inventory, but they will not be able to continue doing so.
Mr. Callahan stated it his hope to make ImpleMax one of the major employers in
Bozeman over the next ten years, noting that if they begin doing their own manufacturing, they
will create even more jobs covering a full spectrum of job skills. He concluded by encouraging
approval of this loan and indicated a willingness to respond to questions.
Mr. Don Kreitz, 2001 Fairway Drive, stated he has visited the ImpleMax plant and is
impressed with the product they are manufacturing. He noted that the product he viewed is
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used on the front end of a bobcat, or any moving machine with the proper connection, to
handle cumbersome products. He characterized this as both a time saver and a labor saver.
Mr. Kreitz noted that, because of the confidentiality surrounding some of the information
available to the Commissioners, he is unable to make as informed an opinion as the
Commission; however, from what he has seen, he supports approval of this application.
Mr. Kreitz stated he is present at this meeting because of the City's experience with a
loan to a computer company which was headquartered near his home, noting the City was
burned on that loan. He noted that when that loan was being considered, he raised several
. questions; but it was approved. He concluded by asking the Commission to carefully consider
the information they have available to them and to make the appropriate decision.
Responding to Mayor Youngman, Ms. Boyle stated that Mr. Kreitz also visited her office
about this application. She encouraged the Commissioners to remember the successful loans.
She stated that this application is coming forward for Commission consideration after a nine-
month process, and the Loan Review Committee has reviewed the information carefully and
recommended approval.
It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the
Commission approve the loan application submitted by ImpleMax, subject to the terms
recommended by the CDBG Economic Development Loan Review Committee as listed above.
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.
Ordinance No. 1499 - adding ChaDter 8.44 to the Bozeman MuniciDal Code. Droviding for fire
control and reauiring burning Dermits within city limits
. Included in the Commissioners' packets was a revised 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 FIRE
CONTROL WITHIN THE CITY LIMITS AND PERMIT PROVISIONS.
City Manager Johnson asked that the Commission table action on this ordinance until
August 16, to give staff an opportunity to talk to representatives at the State.
Assistant City Manager Brey stated he will call the Department of Environmental Quality
in Helena tomorrow to make sure this ordinance is consistent with their open burning
regulations.
It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that action
on this ordinance be tabled to August 16 to give staff an opportunity to conduct further review
on the proposed revisions. 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.
Appointment of County reDresentative to City Plannina Board
Included in the Commissioners' packets was a letter from the Gallatin County
Commissioners, dated July 20, forwarding their nomination for the County representative.
City Manager Johnson reminded the Commission that this is a Mayoral appointment.
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Responding to Commissioner Rudberg, Assistant City Manager Bray confirmed that
under the ordinance creating the City Planning Board, all terms on that board expire on January
31, 2000. He noted that, in light of the City Attorney's recommendations as a result of the
statutory provisions for this board, the ordinance set the initial terms to expire on January 31
to allow the new Mayor to make the Mayoral appointments shortly after taking office.
Commissioner Rudberg and Commissioner Smiley both expressed their concern that the
entire board will be up for appointment as of January 31, 2000, particularly in light of their
workload at the present time.
. Mayor Youngman appointed Lynn Rugheimer as the County's representative on the City
Planning Board, per the County Commission's recommendation.
Pledged Securities as of June 30. 1999
In compliance with the provisions of Sections 7-6-201 to 7-6-212, Montana Code
Annotated, Commissioner Smiley and Commissioner Rudberg have examined the receipts of
Depository Bonds and Pledged Securities held by the Director of Finance as security for City
funds deposited in Bozeman banks.
Commissioner Smiley reported that the inventory of Depository Bonds and Pledged
Securities was found to be in order.
It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the
Commission approve the Pledged Securities as of June 30, 1999, listed as follows:
DEPOSITORY BONDS AND SECURITIES
JUNE 30, 1999
. RATE MA TURITY RECEIPT NO. TOTAL AMOUNT
AMERICAN BANK - Bozeman
Repurchase Agreement Account
Trusteed with American Bank. N.A.:
Federal Home Loan Mortgage Co. 5.985 06/1 5/2001 3134A2HU5
1 .336.000.00
Sub-Total $ 1.336.000.00
All Other Accounts
Federal Deposit Insurance Corporation $ 100,000.00
Trusteed with American Bank, N.A.:
. Federal Home Loan Bank 5,45 02/25/2000 243001736 1.500.000.00
Sub-Total $ 1,600,000.00
TOT AL - American Bank - Bozeman $ 2.936.000.00
This is to certify that we, the Commission of the City of Bozeman, in compliance with the
provisions of Section 7-6-207, M.C.A., have this day certified the receipts of the American
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Bank, N.A., for the Depository Bonds held by the Director of Finance as security, for the
deposit for the City of Bozeman funds as of June 30, 1999, by the banks of Bozeman and
approve and accept the same.
MARCIA B. YOUNGMAN, Mayor JOE N. FROST, Commissioner
. JOAN M. RUDBERG, Commissioner SANDRA L. SMILEY, Commissioner
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
None of the Commissioners made any comments under this agenda item.
Discussion - FYI Items
City Manager Johnson presented to the Commission the following "For Your
Information" items.
(1 ) Copy of a press release from the County Commissioners, dated July 26,
announcing adoption of an emergency resolution closing a portion of Story Mill Road, due to
the dangerous condition of the bridge crossing Bridger Creek.
. (2) Copy of the quarterly report for the Fire Department for the period April through
June 1999.
(3) Agenda for the Development Review Committee meeting to be held at 10:00 a.m.
on Tuesday, August 3 in the Commission Room.
(4) Agenda for the City Planning Board meeting to be held at 7:00 p.m. on Tuesday,
August 3, in the Commission Room.
(5) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday,
August 3, at the Courthouse.
(6) City Manager Johnson submitted his weekly report, as follows. (1) Announced
that Bozeman is part of a testing consortium for recruiting firefighters in Montana; and the
initial testing for that consortium will be held on Monday, Tuesday and Wednesday next week.
He invited all interested Commissioners to visit the Fieldhouse during that testing. (2) Stated
that he met with the MSU Homecoming parade committee on Tuesday. He noted that Mr.
Torlief Aasheim is trying to get more people involved and to coordinate activities better. (3)
Attended the 9-1-1 Administrative Board meeting on Wednesday. He noted that the telephone
number and address list must be at a 95 percent match rating before the new system can be
activated, and the third submittal has just been made. (4) Attended the watershed field trip
. on Wednesday. (5) Attended a training session with the Police Department on Thursday,
noting that the training paid off on Friday. (6) Stated that bids for the new pavilion at the
Fairgrounds were opened on Friday; and the low bid was $277,000, which is greater than the
amount budgeted. He noted that different options for lowering the cost of the project or
covering the difference will be discussed.
(7) Commissioner Frost stated he feels the meeting on Wednesday night with the City
Planning Board was very productive and enlightening, stating he looks forward to their work
and the product of the master plan update.
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(8) Commissioner Smiley expressed concern that the 9-1-1 Center has been identified
as a Gallatin County activity, particularly in light of the amount of monies that Bozeman
contributes. She characterized this as being similar to the City-County Health Department, in
which she also feels the City needs more recognition.
(9) Responding to questions from Commissioner Rudberg, the Clerk of the
Commission stated that the bids for sidewalk and curb bonds will be opened on August 16.
(10) Commissioner Rudberg stated her appreciation for the Recreation and Parks
Advisory Board meeting minutes as well as the Cemetery Board minutes. She also stated that
. she is impressed with the new member of the Bicycle Advisory Board, noting that she has
provided good energy for that board.
(11 ) Responding to Commissioner Rudberg, City Manager Johnson stated the City is
still trying to hire a GIS Director. He noted that, in the meantime, Associate Planner Jody Olsen
is working with MSU to build a base layer with parcels and boundaries from which to build.
He stated that the Planning Office also has a grant from the State for SmartPlaces software,
and staff is in the process of using it to identify differences in lots, infrastructure and costs
between traditional development and alternative developments. He stated that, until a GIS
Director is hired, the City is working with the County and has paid an intern to assist the
County GIS Director.
(12) Responding to Commissioner Rudberg, Mayor Youngman stated she will attend
the stakeholder meeting for the Drug Court on Wednesday afternoon.
( 13) Responding to Commissioner Rudberg, the City Manager stated that the Life
Safety Inspector has begun to inspect existing structures as well as new ones. He stated that
the information gained from those inspections will become a part of the City's CAD system,
as one of the layers to be used after the base layer is completed.
(14) Commissioner Rud berg noted that she has read the 1 60-page study just
. completed on the City's planning process. She asked for a work session to discuss the results
of that study.
(15) Commissioner Rudberg noted that August has five Mondays, and suggested that
one of the meetings be eliminated if possible.
Following discussion, the Commissioners concurred that the August 30 meeting should
be eliminated, even though it was previously identified as the date to meet with the County
Commissioners, unless the County Commissioners feel a meeting is imperative.
( 16) Commissioner Smiley stated the committee to review interlocal agreements will
meet sometime before the joint City-County meeting in December.
( 17) Commissioner Rudberg suggested that the projects to be funded through the
increases in street and tree maintenance district assessments be identified during the public
hearings on those assessments.
( 18) Mayor Youngman submitted the following. (1) Stated that arrangements have
been completed for the City Commissioners to ride on the float with the Library, noting the
County Commissioners will have their own float. (2) Stated the Sourdough drainage field trip
was excellent, noting that visiting the site will help as discussions about this drainage take
. place. She also noted that the handout received during the trip was beneficial.
( 19) Mayor Youngman suggested that, in addition to a sign-up sheet for tonight's
hearing on the proposed skateboard park, people be given an opportunity to write down their
questions, which can then be passed on to the Recreation and Parks Advisory Board.
Consent Items
City Manager Johnson presented to the Commission the following Consent Items.
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Commission Resolution No. 3306 - levving and assessing street maintenance
district assessments for Fiscal Year 1999-2000: setting Dublic hearina for
August 16
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.
Commission Resolution No. 3307 . levving and assessing tree maintenance
district assessments for Fiscal Year 1999-2000: settina Dublic hearing for
August 16
COMMISSION RESOLUTION 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.
Acknowledae receiDt of reauest for de-annexation of 0.1239 acres described 'as
the west 35 feet of Tract 2. COS No. 1877 - Mark and Michele Cusack.
. 1320 Hillside Lane: refer to staff
Acknowledae receiDt of reauest for annexation of 134.24 acres described as
Minor Subdivision No. 145A. a tract of land on Film 12. Paae 1129. Tract
2 of COS No. 2050 and the eastern 765 feet::!: of Tract 1. COS No.
2050. located in the W%. Section 35. T1 S. R5E. MPM (west of The
Gallatin Center. east of Davis Lane. south of Vallev Center Road) -
SANDAN. LLC and Ronald L. Davis: refer to staff
Authorize entering into Settlement Aareement: aDDrove amend in a of Condition
No. 14 of aDDroval for Babcock Meadows. Phase II. Dreliminarv plat. if
determined necessary
Confirm adoDtion of Ordinance No. 1501. the emergency interim subdivision
regulation ordinance. at the Julv 26. 1999. Commission meeting
Commission Resolution No. 3308 - authorize City Manaaer to sign Chanae Order
No. 1 for SID No. 665. Northwest Waterline - Williams Plumbing and
Heating. Bozeman. Montana - add $15.000 and 0 calendar days
COMMISSION RESOLUTION NO. 3308
. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN.
MONTANA, APPROVING ALTERATION/MODIFICATION OF CONTRACT WITH
WILLIAMS PLUMBING AND HEATING, INC.. BOZEMAN, MONTANA.
Commission Resolution No. 3309 - authorize City Manaaer to sign Chanoe Order
No.2 for SID No. 665. Northwest Waterline - Williams Plumbing and
Heating. Bozeman. Montana - add $1.516 and 0 calendar days
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COMMISSION RESOLUTION NO. 3309
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONT ANA, APPROVING Al TERA TION/MODIFICA TION OF CONTRACT WITH
WilLIAMS PLUMBING AND HEATING, INC., BOZEMAN, MONTANA.
Award bid for automated collection containers to Solid Waste Systems. Inc..
SDokane. Washinaton. in the total bid amount of $77 .237 .00
. Authorize City Manager to sian on Interlocal Aareement for Montana Firefighters
Testing Consortium
Building Insc9ction Division recort for June 1999
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
Rudberg and Mayor Youngman; those voting No, none.
Executive Session re litigation strategy
Mayor Youngman announced her intent to close the meeting and enter into executive
session, under Section 2-3-203(4), M.C.A., for the purpose of discussing litigation, noting that
if the issue were discussed in open meeting, it would have a detrimental effect on the litigating
position of the City.
At 4:30 p.m., Mayor Youngman called an executive session for the purpose of
. discussing litigation and asked all of the persons except the City Manager, Assistant City
Manager, Staff Attorney and Clerk of the Commission to leave the room.
At 5:10 p.m., Mayor Youngman closed the executive session and reconvened the open
meeting.
Discussion re crocess for selection of fifth Commissioner
Mayor Youngman distributed to the Commissioners copies of a letter from Bob Hawks
withdrawing his name as a possible appointee due to family health considerations.
Commissioner Frost stated he liked the first process developed, which included
submitting a list of names, with those names being available for consideration by the individual
Commissioners. He noted that his fall back position would be to select the highest vote getter
in the upcoming election.
Commissioner Rudberg suggested that the Commission agree to continue with four
Commissioners until the end of the year, instead of wasting time and energy and providing
news items.
. Responding to Mayor Youngman, Commissioner Rudberg stated she is not willing, at this
time, to commit to a vote in November, based on the election results. She suggested that, if
the four Commissioners are continuing to be successful in conducting City business, the four-
member Commission should continue through the end of the calendar year, with the new
Commissioners being seated in January.
Commissioner Smiley stated she would like to forward a couple people for consideration,
but must talk to them first, before releasing their names to the public. As a result, she asked
that this item be tabled for two weeks.
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Mayor Youngman stressed the importance of ensuring that no one else is negatively
impacted during this process. She then recognized it will be difficult to find someone on whom
the Commissioners can agree and indicated a willingness to stop the selection process when
it becomes apparent it will not be successful.
Commissioner Rudberg suggested that, if a decision is not made by the end of August,
the Commission agree to wait until January rather than appointing someone for a short period
of time.
Mayor Youngman requested that this item be placed on the agenda in two weeks and,
. if the Commission is unable to identify a process at that time, it be deleted from future
agendas.
It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the
Commission table further discussion and possible aCtion on this item for two weeks. 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.
Recess - 5:25 D.m.
Mayor Youngman declared a recess at 5:25 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.
. Public hearing - Commission Resolution No. 3301 - intent to annex 2.0-acre Darcel described
as COS No. 17. located in the SE~. SW~. Section 35, T1 S. R5E. MPM (5405 East Baxter
Lane) (A-9904)
This was the time and place set for the public hearing on Commission Resolution No.
3301, as approved by the City Attorney, entitled:
COMMISSION RESOLUTION NO. 3301
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
PARTICULARL Y DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF
BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE
CORPORATE LIMITS THEREOF.
Mayor Youngman opened the public hearing.
Assistant Planner Joni Killebrew presented the staff report. She noted that the subject
. 2-acre parcel, which is located along the north side of Baxter Lane, just west of its intersection
with Thomas Lane, contains a house, a shop and a detached garage.
The Assistant Planner stated that staff has reviewed this application in light of the goals
and policies set forth in Commission Resolution No. 3137, and the staff's comprehensive
findings are contained in the written staff report, which was previously distributed to the
Commission. She noted that, at last week's meeting, a question was raised regarding the
amount of the impact fees to be assessed against this property as well as the Sukut property,
which is adjacent to the subject parcel, in' light of this applicant's request for waiver of the
street impact fees. She indicated that the total impact fees for the Sukut property was $925,
08-02-99
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while the total for this property is $5,300 because of the commercial activity that is operated
out of the shop.
The Assistant Planner indicated that, as a result of its review, staff has recommended
approval of the annexation, subject to the following issues being addressed prior to or in the
annexation agreement:
1. The Annexation Agreement, which addresses all conditions placed on the
application by the City Commission, shall be returned to the City of
. Bozeman within one year of the City Commission's vote to annex the
property, or the annexation approval will be void.
2. The applicant shall submit an annexation map with a legal description of
the property with the Annexation Agreement. The map must be supplied
on a mylar (18.inch by 24-inch) for City records and on either letter or
legal size paper for filing with the Annexation Agreement with the County
Clerk and Recorder. This map must be acceptable to the Director of Public
Service.
3. The property owner(s) shall provide usable water rights, or cash-in-lieu
thereof, in an amount to be determined by the Director of Public Service,
at the time the Annexation Agreement is submitted.
4. The Annexation Agreement shall include executed Waivers of Right to
Protest the Creation of Special Improvement Districts for:
a. A City-wide Park Maintenance District, which would provide
a mechanism for the fair and equitable assessment of
maintenance costs for City parks.
b. Traffic signal and intersection
. improvements for the
. intersection of Baxter Lane and North 19th Avenue.
c. Street improvements to Thomas Lane (proposed North 27th
Avenue extension) including paving,
curb and gutter,
sidewalk and storm drainage improvements.
d. Street improvements to Baxter Lane including paving, curb
and gutter, sidewalk and storm drainage improvements.
e. Water main improvements for trunk water lines including
Baxter Lane Water Lines and Davis Lane/Fowler Lane Water
Lines.
f. A sewer main to serve the property that will allow for
gravity collection service to the property.
The documents filed shall specify that in the event an S.I.D. is not utilized
for the completion of these improvements, the developer agrees to
participate in an alternate financing method for the completion of said
improvements on a fair share, proportionate basis as determined by square
. footage of property, taxable valuation of the property, traffic contribution
from the development or a combination thereof.
5. Upon annexation, the appropriate impact fees including fire, street, water
and wastewater shall be assessed on the existing single-family residence.
At the time of any new development on the property, fire, street, water
and wastewater impact fees will be assessed.
6. The owner shall provide public street and utility easements for Baxter
Lane. A 15-foot easement, the remaining portion of the required one half
08-02-99
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(45 feet) of the 90-foot total easement required for future improvements,
shall be granted for Baxter Lime.
7. Upon annexation and upon availability of service, all new dwellings shall
connect to city water and sewer service. At the time the existing single-
family structures connect to city services, any existing septic tanks shall
be pumped and filled, or removed and shall be verified by the City Building
Department.
. 8. The City Water/Sewer Department will allow a temporary connection of
a sewer service line to the 24-inch sanitary sewer trunk line in Baxter by
way of a force main until gravity main from the north is available. Upon
plan approval, annexation and following the application procedure, the City
Water/Sewer Department will provide a stub to the edge of the easement.
The City Water/Sewer Department will review plans for development of
the proposed water infrastructure when they are provided and make any
recommendations required to supply water to this proposed lot.
9. Fire Department approval for any new construction on the property would
require the installation or extension of a fire code compliant water supply
(hydrant) to the property.
The applicant was not present; and no one spoke in support of or in opposition to this
requested annexation.
Since there were no Commissioner objections, Mayor Youngman closed the public
hearing.
It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the
Commission authorize and direct staff to bring back an annexation agreement, addressing Item
. Nos. 1 through 9 above, for Commission review and consideration. 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 - Zone MaD Amendment from "AS" to "R-1" - Michael and Katv Derzav - 2.0-
acre Darcel described as COS No. 17. located in the SE%. SW%. Section 35. T1S. R5E. MPM
(5405 East Baxter Lane) (Z-9970)
This was the time and place set for the public hearing on the Zone Map Amendment
from "AS", Agricultural Suburban, to "R-1", Residential--Single-family, as requested by Michael
and Katy Derzay under Application No. Z-9970, on a 2.0-acre parcel described as Certificate
of Survey No. 17, located in the Southeast one-quarter, Southwest one-quarter of Section 35,
Township 1 South, Range 5 East, Montana Principal Meridian. The subject property is more
commonly known as 5405 East Baxter Lane.
Mayor Youngman opened the public hearing.
Assistant Planner Joni Killebrew presented the staff report. She noted that this
application has been processed concurrently with the annexation request, which was the
subject of the previous public hearing. She stated that the applicant has sought an "R-1"
. zoning designation. However, she noted that after the staff completed its review of this zoning
application in light of the twelve criteria as set forth in the zone code, staff recommended that
the Commission change the zoning to "RS", Residential Suburban, rather than "R-1" due to the
existing commercial uses on the property. She indicated that the "RS" zoning will also serve
as a transitional zone in this area. She noted that, following its public hearing on July 7, the
City-County Planning Board concurred in staff's recommendation.
The applicant was not present; and no one spoke in support of or in opposition to the
requested rezoning.
08-02-99
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Since there were no Commissioner objections, Mayor Youngman closed the public
hearing.
It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the
Commission approve the Zone Map Amendment requested from "AS", Agricultural Suburban,
to "RS", Residential Suburban, in response to the request from Michael and Katy Derzay under
Application No. Z-9970, on a 2.0-acre parcel described as Certificate of Survey No. 17, located
in the Southeast one-quarter, Southwest one-quarter of Section 35, Township 1 South, Range
5 East, Montana Principal Meridian, and authorize and direct staff to bring back an ordinance
enacting the rezoning, subject to the following:
. 1. The ordinance for the Zone Map Amendment shall not be approved until
the subject property is annexed to the City. If the annexation is not
approved, the approval for this application shall be void.
2. The applicant shall provide a metes and bounds legal description and map
of the area to be rezoned, which will be utilized in the preparation of the
ordinance to officia!ly amend the zone map.
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 hearina - Commission Resolution No. 3299 - intent to annex Parcel 2 of Mandeville
Subdivision. located in Section 36. T1 S. R5E. MPM (33.415 acres southwest of 1-90. east of
Simmental Way and north of Baxter Lane) (A-9902)
This was the time and place set for the public hearing on Commission Resolution No.
3299, as approved by the City attorney, entitled:
. COMMISSION RESOLUTION NO. 3299
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
PARTICULARL Y DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF
BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE
CORPORATE LIMITS THEREOF.
Mayor Youngman opened the public hearing.
Senior Planner Dave Skelton presented the staff report. He stated the Department of
Natural Resources and Conservation has requested annexation of the 33-acre parcel which lies
at the northeast corner of the intersection of Baxter Lane and Simmental Way, immediately east
of the Gardner Simmental Plaza.
The Senior Planner stated that staff has reviewed this application in light of the goals
and policies established in Commission Resolution No. 3137, and staff's comprehensive
findings are contained in the written staff report which was previously submitted to the
. Commission. He noted that, based on that review, staff recommends approval, subject to the
following items being addressed:
1. That the applicant execute at the Gallatin County Clerk & Recorder's
Office waivers of right-to-protest creation of S.I.D.'s for improvements to
Baxter Lane and Simmental Lane to city street standards and signalization
improvements at the intersection of Baxter Lane and North 19th Avenue.
2. That the applicant execute at the Gallatin County Clerk & Recorder's
Office a waiver of right-to-protest creation of S.I.D.'s for a City-wide Park
Maintenance District, which would provide a mechanism for the fair and
08-02-99
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equitable assessment of maintenf3nce costs for City parks as part of the
Annexation Agreement.
3. The property owner shall provide usable water rights, or cash in-lieu
thereof, in the amount determined by the Director of Public Service at the
time the property is developed through subdivision or site plan review.
4. The property owner should be advised that street and utility easements for
the extension of public streets may be required at the time the property is
e developed. This could include the extension of public streets through the
property.
5. The property owner should be advi~ed that prior to development of the
property, the future developer(s) may be required to prepare, at their own
expense, a comprehensive design report evaluating existing capacity of
water and sewer utilities, stormwater master plan and traffic impacts.
6. An Annexation Map with a legal description of the property must be
submitted by the applicant for use with the Annexation Agreement. The
map must be supplied on a mylar for City records (18-inch by 24-inch),
and on an 8 % -inch by 11-inch or 8 % -inch by 14-inch paper for filing with
the Annexation Agreement with the County Clerk & Recorder. This map
must be acceptable to the Director of Public Service and shall be
submitted with the signed Annexation Agreement.
7. That the applicant exec Lite all contingencies of said Annexation Agreement
with the City of Bozeman within one (1) year of approval by the governing
body.
Ms. Jeannie Fairbanks, representing the State of Montana Department of Natural
. Resources and Conservation, stated the subject property is a state school trust parcel, which
is to be managed in support of the common schools. She noted the State has determined that
annexation and rezoning will allow for the highest and best use of the property and will result
in generating the best revenues for schools. She indicated that, in the very near future, they
intend to submit a subdivision proposal for development in keeping with the existing
development in that immediate area.
No one was present to speak in opposition to the requested annexation.
Since there were no Commissioner objections, Mayor Youngman closed the public
hearing.
It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the
Commission authorize and direct staff to bring back an annexation agreement, addressing Item
Nos. 1 through 7, listed above, for Commission review and consideration. 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 - Zone Map Amendment from "AS" to "M-1" - State of Montana DeDartment of
Natural Resources and Conservation - 22 + acres described as Parcel 2 of Mandeville
. Subdivision. located in Section 36. T1 S. R5E. MPM (southwest of 1-90. east of Simmental Way
and north of Baxter Lane) (Z-9957)
This was the time and place set for the public hearing. on the Zone Map Amendment
from" AS", Agricultural Suburban, to "M-1 ", Light Manufacturing, requested by the State of
Montana Department of Natural Resources and Conservation under Application No. Z-9957,
on 22 + acres described as Parcel 2 of Mandeville Subdivision, located in Section 36, Township
1 South, Range 5 East, Montana Principal Meridian. The subject property is more commonly
located southwest of 1-90, east of Simmental Way and north of Baxter Lane.
Mayor Youngman opened the public hearing.
08-02-99
... .. ..--
- 16 -
Senior Planner Dave Skelton presented the staff report. He noted that the annexation
considered in the previous public hearing was for the entire 33 + acres owned by the State,
and this zone map amendment is for the northern 22 + acres of that parcel, since the southern
portion is already zoned "M-1". He stated this proposed zoning is consistent with the land use
patterns immediately to the west, in the Gardner Simmental Plaza, as well as to the south.
The Senior Planner stated that staff has reviewed this application in light of the twelve
criteria set forth in the zone code, and the staff's comprehensive findings are contained in the
written staff report. He forwarded staff's recommendation for approval, subject tp completion
e of th~ annexation process and verification of the metes and bounds description for this
rezontng.
Responding to Commissioner Frost, the Senior Planner stated that, unless the property
is zoned "PU", Public Lands and Institutions, State-owned lands must be developed in
compliance with the City's zone code.
No one was present to speak in opposition to the requested zone map amendment.
Since there were no Commissioner objections, Mayor Youngman closed the public
hearing.
It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the
Commission approve the Zone Map Amendment from" AS", Agricultural Suburban, to "M-1",
Light Manufacturing, requested by the State of Montana Department of Natura,' Resources and
Conservation under Application No. 2-9957, on 22 + acres described as Parcel 2 of Mandeville
Subdivision, located in Section 36, Township 1 South, Range 5 East, Montana Principal
Meridian; and authorize and direct staff to bring back an ordinance implementing the zone
change, contingent upon completion of the annexation process and verification of the metes
and bounds description for the subject parcel. 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 - Droposed amendment to the master Dlan for Kirk Park. to allow for the
construction of a skate Dark within the Dark
This was the time and place set for the public hearing on a proposed amendment to the
master plan for Kirk Park, to allow for the constr'uction of a skate park within the park.
Mayor Youngman opened the public hearing. She recognized this is an emotional issue
and encouraged those in attendance to identify concerns and issues to be taken into
consideration as the Commission makes its decision. She encouraged the audience to submit
testimony in writing or verbally, noting that sign-up sheets and blank paper have been provided.
City Manager Johnson stated the Recreation and Parks Advisory Board has reviewed this
proposal and requested that the City Commission conduct its public hearing at this time,
delaying its decision until August 16, so the Board can forward a recommendation at its next
meeting.
Mr. Tom Gelder, 423 North 2.2nd Avenue, ,representing the Skate Park Planning
Committee, noted a number of parents and friends of skating are present at this meeting. He
posted several renderings for the Commission to view, stating that under this proposal, the area
. to be designated for a skate park is a 50-foot by' 100-foot section at the southeast corner of
the park.
Ms. Dana Heins, 423 North 22nd Av~nue, noted that Kirk Park contains almost 13
acres, and the proposed 50-foot by 100-foot area for a skate facility represents about 1 percent
of the area.
Mr. Gelder stated that the original plan for Kirk Park included a multi-purpose area larger
than what is being proposed for the skate facility. He noted that Kirk Park was selected
because it is large and central to the residential community. He stated that the City's Park
08-02-99
- 17 -
Foreman proposed it as a good option, and figures obtained from the School District revealed
that 1,220 children live within a one-mile radius. He noted that a highly visible skate park is
safer and sends the message that even those involved in non-traditional sports are valued. He
also noted that baseball diamonds are located at Kirk Park, but there are few other facilities for
those not involved in organized sports.
Mr. Gelder noted that parking and traffic have been identified as issues; however, he
suggested that the commercial development in the area creates those issues, rather than the
park itself. He recognized that noise is of concern; however, he noted the bowl of the facility
. is proposed to face south, thus directing the noise toward Main Street rather than toward the
residential area.
Ms. Heins stated the bowl is also to be subterranean; and the area is to be graded and
landscaped so it is part of the park. She noted a number of in-kind donations have been
received to date for concrete and landscaping, and the children are eager to undertake
fund raising efforts. She stated the price of the facility has been estimated at $65,000 to
$85,000. She concluded by noting the 4-H skateboarding club has developed a successful
program at the fairgrounds, where they work together and teach each other.
Responding to Commissioner Rudberg, Mr. Gelder identified the exact location of the
proposed facility. He indicated that the structure is to be concrete with few seams and
designed to be maintenance free and quiet. He recognized that the wooden ramps and picnic
tables, as well as the curbs, stairs and rails being used today are both noisy and unsafe; and
many of those problems would be mitigated with this new facility.
Ms. Anna Epp, 8986 River Road, stated her son goes to the BMX track or some other
place where he is safe and can be seen when he comes to Bozeman. She noted that her son
also likes skateboarding, but gets to do so only one night a month with the 4-H club and wants
a place to skate more frequently. She noted he does not participate in organized sports, but
prefers this type of sporting opportunities. She voiced her support for the proposed design and
e the location and visibility of the proposed site. She concluded by noting that she has watched
the children work together and help each other.
Tarah Farland, 121 North Broadway Avenue, stated that approval of this request will
result in an area where those who like to skate can get together and be in the public. She
noted everyone is unique, with his or her own special skills; and this facility would let children
be individuals while being supervised.
Ben McChesney, skateboarder, stated there are not many places where skateboarding
is allowed and encouraged approval of this request.
Chris Wheat stated he likes to skateboard and wants to be a pro when he grows up;
however, there are not many places to skate in Bozeman.
John Edwards, 121 North Broadway Avenue, stated he is 29 and has been skating since
the mid-1980s. He characterized skateboarding as giving humility and respect to the
participants. He noted it is better to skate than to have time on one's hands.
Josh Russell, 521 West Cleveland Street, stated a skate park will give those who skate
a place to do so without being yelled at.
Stephan Lee, 1000 North 17th Avenue, stated that he started out rollerblading, but is
e now trying to skateboard. He stated.a park will get skaters off the streets, making them safer
_ for everyone.
Ms. Kristi Lindsey, 1341 Bozeman Trail Road, stated her son is a skateboarder. She
noted that she has lived in a couple communities with skate parks, and she supports
constructing one here. She noted that a skate park gives the youth a place to go and keeps
them from sitting at home watching television.
Mr. John Short, 1022 Boylan Road, stated he recently moved to Bozeman. He noted
that he has three boys and, while one of them plays organized sports, one of them is a
08-02-99
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rollerblader. He stated this community is begging for a skate park, and it seems Kirk Park
would be a good location. He asked that if this is not acceptable, an alternative location be
identified that would serve the youth of the community well. .
Mr. Mike Favor, 1000 North 17th Avenue, stated he represents the Bozeman Skate
Church. He noted that his church ministers to skateboarders in the area, although he can only
do so on Monday, Tuesday and Wednesday evenings. He stated that the idea of a skate park
is timely, and this subject location is probably one of the best options in the community. He
recognized that the traffic issues. in this area are valid; however, he "stressed that issue has
_ nothing to do with skaters. He noted another issue that has been identified is noise. He
. recognized that the ramps used by the 4-H skate club are made of steel and wood, and they
make a lot of noise; and the Bogert Pavilion amplifies the noises when skateboarders use that
facility. He noted, however, this facility is to be made of concrete and constructed in a manner
that will limit the noise. He characterized Kirk Park as an ideal location, particularly since it is
highly visible and is bordered by commercial on the east and the south. He concluded by
encouraging the Commission to invest in the skate park, particularly since it will be of benefit
to youth in the community.
Mr. Tim Bowers stated he has worked with the 4-H skate club for two or three years.
He noted the club members skate only once a week, and they must rent the building where
they skate. He stated that a skate park would be a good place for them to congregate and
skate on a daily basis and indicated that the street noise will be greater than the noise
generated in a concrete facility.
Ms. Marlene Schuman, Turner Youth Initiative, 321 East Main Street, stated that when
the Foundation met with 200 young people in .the Fall of 1997, the skateboarders were the
most organized, determined and willing to work with adults. She noted that many of the youth
present at that meeting are also present at this hearing. She noted that the need for this type
of facility has been demonstrated with the s!Jccess of the 4-H club. She encouraged the
Commission to take all of the input and concerns into consideration. She stressed the
. importance of involving the youth in the process, and forwarded the Initiative's support for the
proposed park.
Shawn Moats, 307 North 18th Avenue, stated that baseball diamonds, football fields
and basketball courts are available to those who participate in that type of sports and asked
that skateboarders be provided "a place to play, too".
Cole Wallace, 5000 Bostwick Road, stated that skateboarders need a place to skate.
He noted that MSU is a good place to skate; but it is closed.
Logan Moats, 307 North 18th Avenue, noted that many skaters skate to their
destinations. He noted that MSU is one of the best places in the community to skateboard
because of the stairs and benches; however, they can get ticketed. He realized that
skateboarding can break up the concrete and stressed the importance of having a place to go
where they won't get in trouble.
Jeremy, 601 West Main Street, stated that skateboarding is seasonal and is dictated by
the weather and daylight hours. He noted that, in Montana, that means six months, two of
which skateboarding could occur until 9:30 or 10:00 p.m. He noted that many of the youth
want to skateboard and do the extreme games, but they have no place to do so. He suggested
that a skate park would help to solve the problems that currently exist.
. Sara Martin, 8525 Ptarmigan Road, stated she has worked with the 4-H skate club and
. the Turner Youth Foundation. She noted that if the community had a skate park, she could
skate daily. She noted that if a park were available, she envisions cooperation among the
parents, law enforcement and the kids.
Alan Pike, 609 South 10th Avenue, stated it is hard to get better when opportunities
to skate are so limited. He also noted it is important to have a place where the kids can stay
out of trouble.
Tim McChesney, 7197 Lorelei Drive, stated he wants a skate park.
08-02-99
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- 19 -
Mr. Charles Kirk, 7960 South 19th Avenue, stated his Aunt Marguerite, who donated
Kirk Park, would be happy to see children skating there. He stated that skating takes an
amazing amount of skill and is good for balance, and it is good to develop a high degree of skill.
He characterized the proposed skate park as a great asset to the community.
Michael Gehrke, 6109 East Shadow Drive, stated he helps teach skateboarding. He
noted it is difficult to skate in Bozeman, since there's no place to go; and there is little else to
do but stay home and play Nintendo.
Mr. Dan Love, 305 North 19th Avenue, stated he can see Kirk Park from his back door.
. He characterized Kirk Park as a big gopher field. He expressed concern about the foul language
he has heard in the park, noting that with young people there, the adults may need to contain
themselves better. He stated that his son and his friends skateboard, and he has built grind
rails for them. He noted that a skate park will give those young people a place to go and will
eliminate many of the ramps and grind rails currently located on people's driveways and
sidewalks.
Mr. Jack Dugan, 415 North 10th Avenue, stated he has been involved in youth sports
in the community for several years, typically in the more traditional sports like baseball and
soccer. He noted that he encountered the same type of opposition when building fields for
those sports. He stated that his son rollerblades, and he has encountered problems in finding
a place to skate. He concluded by encouraging the development of a skate park.
Ms. Dorothy Dacar, 2915 Secor, stated she is a therapist who deals with kids of all
ages. She characterized skateboarding as an individual sport through .which a youth's self-
esteem can grow. She noted this is one sport driven by an individual's desire, rather than a
parent's desire or a coach's desire. She concluded by stating her support for this proposal.
Ms. Ruth Goodell, 1336 West Babcock Street, stated her support for the proposed skate
park, noting there is not much for kids to do in Bozeman. She stated that she has viewed the
proposed location and feels it is a good one, with businesses surrounding it.
. Mr. Andy Schepp, 1733 West Olive Street, stated he is a 4-H leader. He noted that he
has witnessed real motivation with the club's skating facilities, and he recognizes how nice it
would be for the youth to have a place to 'call their own.
Ms. Mary Ann Kelly stated she is a teacher. She stated it is her desire to work with
youth in a positive way, and she supports the proposed skate park.
Mr. Rob Goodell, 308 North Church Avenue, stated his son is a skater. He noted that
he has witnessed the cooperation of the older youth with the young ones and has found it
valuable. He characterized the skate park as not just a place to have fun, but to build on that
cooperation. He concluded by characterizing Kirk Park as a good central location for a skate
park.
Ms. Karen Moats, 307 North 18th Avenue, noted she has three sons who, along with
their friends, all skate; and they have a grind rail. She recognized the strong NIMBY attitude
in Bozeman, but noted she would be pleased to have a skate park in her back yard.
Nick Hagan, Montrose, Colorado, stated that the first phase of a skate park has just
been completed in Montrose. He noted that skateboarding is a growing sport and providing a
place where it is allowed is important.
.
Break - 8:20 to 8:25 c.m.
Mayor Youngman declared a break from 8:20 p.m. to 8:25 pl.m., in accordance with
Commission policy.
08-02-99
- 20 -
Public hearina (continued) - pro Dosed amendment to the master Dlan for Kirk Park. to allow for
the construction of a skate Dark within the Dark
Mrs. Peggy Gould, 323 North 20th Avenue, stated she has lived in this neighborhood
for 31 years and is speaking on behalf of the neighborhood. She 'stated that, while she is in
favor of a skate park in Bozeman, she does not believe Kirk Park is the best location for a
number of reasons. She noted the displacement of current park users must be considered. She
characterized the assessment that the proposed skate park will consume only 1 percent of the
park is misleading, particularly when coupled with the fact that 2/3 of the p.ark area is
consumed by baseball diamonds and 1/2 of the remainder is set aside for impromptu games and
. kite flying. She noted that leaves only 15 percent of the park for picnic and playground
facilities, and that is the area that would be impacted by the proposed skate park. She noted
that a 3D-foot setback from the property line is required for a skating facility, which renders
that area unusable, and estimated that over 8,000 square feet of the existing picnic area would
be lost.
Mrs. Gould noted that the experts do not like to locate skate parks in residential areas,
and characterized Kirk Park as a residential park, even if it has commercial development along
two sides. In fact, she noted that the NO.1 rule for citing of a skate park is that it never be
placed in a residential neighborhood. She noted that one of the key issues is noise, noting that
the noise is not limited just to the skateboards, but includes shouting and boom boxes. She
stated that locating it in the middle of a picnic and playground area is a poor choice. She noted
that Westlake Park was one of the first areas considered for this type of facility, and that was
abandoned because of the negative impacts it would have on the elderly, infirm and retired
residents in the immediate area; and stressed that the same situations exist in this
neighborhood as well.
Mrs. Gould voiced concern about the increased traffic' congestion that will result from
the proposed skate park, noting that the existing traffic congestion has increased since the
transportation plan was updated in 1992. She stated that the traffic congestion results in a
. dangerous situation for both pedestrians and motorists, and this proposal would only compound
that problem., She noted that solutions forwarded by the proponents include a two-hour
parking limit along the park or a crosswalk or speed bumps, none of which she feels are good
solutions. She stated that no one observes the 15-mile-per-hour speed limit along the park and
it is not enforced, and there is already insufficient parking.
Mrs. Gould stated that the alteration of an existing pastoral park is of concern, as well
as the fact that a large concrete structure will compromise the aesthetics. She stated a small
special interest group should not be allowed to take precedence over a large existing park,
particularly one of the few developed parks that has a pastoral atmosphere. She submitted a
petition containing 480 signatures, stating opposition to the requested amendment and asking
that the pastoral nature of the park be retained.
Mrs. Gould noted that the master plan for Kirk Park was adopted in 1992, and that plan
was supported by the local residents, the Recreation and Parks Advisory Board and the City
Commission. She stated that plan provides for a well used community and neighborhood park,
and any alterations to that plan should not be taken lightly. She also noted that the residents
in the area have a financial interest in the park, since a special improvement district was
created to assist in the development of the park.
On behalf of the neighborhood, Mrs. Gould asked that the Commission pursue better
alternatives, such as formal negotiations with the County for a suitable location at the
. Fairgrounds. She noted that, with the ice hockey rink being constructed there and the 4-H
skateboarding facility located there, the construction of a new skate park could further the
development of a recreation complex in that area. She noted that, with the extension of Oak
Street, access to the site would be easy, it would be more centrally located, generous parking
would be available, and traffic problems and congestion would not be an issue. She also stated
a skate park in that location would not displace current park users and would have no more
impact on the neighborhood than the ice hockey rink. She stated that if the Fairgrounds is
determined to not be a viable alternative, other options would be the recreation complex, the
Bozeman Ponds, and several undeveloped or partially developed parks for which master plans
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have not yet been adopted. She concluded by stressing that a skate park should not be located
in a neighborhood and requested that the Commission reaffirm the master plan for Kirk Park.
Mr. George McClure, 108 East Lincoln Street, stated he is "100 percent in favor of a
skate park". He stated, however, that the area where the skate park is proposed is currently
used as a family park area and is one of the few left in any of the City parks. He noted there
is little space available for this type of activity in Lindley Park, and Cooper Park is not very
friendly for family use. He concluded by encouraging the Commission to not approve this
amendment, but to find a better site for a skate park.
. Mr. Everett Cope, 416 North 23rd Avenue, recognized the need for a skate park;
however, he does not feel this is an appropriate location. He reminded the Commission that
this entire area of the community is booming and, with it, traffic is becoming a problem. He
also noted, that North 20th Avenue has parking on both sides, and the curve near the park
results in some blindness when driving. He stated there is only one set of restroom facilities
at Kirk Park, and that is located on the north edge. He concluded by- encouraging the
Commissioners to "step back from the emotions and look at reality and public safety", citing
those as his primary concerns.
Mr. Donald Kreitz, 2001 Fairway Drive, stated that he has walked through Kirk Park and
can find no good reason for locating a skate park in Kirk Park.
Mr. Arthur Shellenberg, 313 North 20th Avenue, stated his concurrence with Mrs.
Gould's presentation. He noted that, in the summer, the park is dry and "burned to a crisp"
and suggested that if it were green, it would see much more use. He indicated that, when it
is green, it is heavily used, with volleyball games going and families picnicking. He questioned
how assurances can be made that a skate park will not generate noise, which will have a
negative impact on the residents in the area. He concluded by encouraging the Commissioners
to give serious consideration to the Fairgrounds.
Mrs. Lynn Husby, 403 North 20th Avenue, stated she is the parent of a skateboarder.
. She noted that she wants him to skateboard, but safely; and she does not feel Kirk Park will
provide a safe facility. She noted that the amount of traffic, the large trucks and the speed
with which traffic travels raise several concerns for her. She recognized that a crosswalk could
be installed; however, she questioned whether it would actually provide safety for those
crossing from the park to Town and Country. She also questioned how noise, particularly from
boom boxes, can be controlled, particularly since noise is a part of the sport.
Mrs. Husby noted the primary rule on siting a skate park is that it not be located in a
residential area. She noted that many hours were spent on developing the master plan for Kirk
Park, and the neighborhood feels it must protect the park. She concluded by encouraging the
Commission to recognize that the neighborhood helped to pay for development of the park as
it exists today.
Mrs. Ann Tufte, 320 North 21 st Avenue, stated she has enjoyed living in this area and
has watched usage of Kirk Park increase dramatically over the years. She noted that her son
skates and she is supportive of a skate park; however, it also raises some concerns. She
questioned who will enforce the park rules and hours of operation for the skate park. She
concluded by questioning whether this is the right location.
Mr. Peter Husby, 403 North 20th Avenue, noted that both the proponents and
opponents of the proposed skate park have contacted a gentleman in the City of Great Falls
. Recreation Department. He stated that one of the key issues identified by that gentleman is
that a skate park not be located in a residential area, and questioned why this site is being
considered. He concluded by asking the Commission to take that issue into consideration when
making its decision.
Ms. Kirby Mason, 37 Sentinel Drive, stated she was born and raised in Bozeman and
now owns property in the county. She stated that she has watched the use of this park
through the years and does not want to see its appeal diminished. As a result, she asked the
Commission to consider a better location.
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Responding to Mayor Youngman, Recreation Superintendent Sue Harkin stated the
Recreation and Parks Advisory Board anticipates that the Commission will make the decision,
without additional input from the Board.
Mayor Youngman suggested that the verbal portion of the public hearing be closed but
that written comment be received until noon on Wednesday, August 11, with the decision
being placed on the August 16 agenda.
Responding to questions from Commissioner Rudberg, Mr. Gelder statep that, if
necessary, the parents can be involved in the ()peration of the skate park.
. Commissioner Rudberg noted that this has been an ongoing issue for nearly four years.
She recognized that people will agree to just abo.ut anything to get a facility installed, 'but asked
how the concerns which have been raised will be addressed in the future; and who will be
responsible for operating and maintaining the facility.
Mr. Gelder responded that his research has revealed the importance of having the kids
involved, to ensure the success of a facility. He noted that, to date, young people have been
involved in designing the facility; and they will be involved in fundraising and will participate
in making the rules and determining how the facility will be used and what is deemed
acceptable. He noted that the 4-H skateboardi"ng program is self-regulated and has seemed to
work well. He indicated that if the Commission is looking for an organization to take a
leadership role in this project, he will work with a group to do so.
Ms. Anna Epp, 8986 River Road, stated she is a 4-H leader. She indicated that it is
important to have a committee overseeing a skateboard facility, so the neighbors have someone
they can call if problems arise.
Responding to questions from the Commission, Recreation Superintendent Harkin
suggested that Parks Foreman Ron Dingman could give the Commissioners a listifl9 of City-
owned lands that could provide alternative locations for a skate park. .
. Commissioner Frost requested a listing of City-owned lands that have open areas, with
their locations and sizes. He indicated that he is concerned about neighborhoods and
suggested there should be a place for this type of use that does not abut a neighborhood.
Ms. Heins stated Kirk Park is the area suggested to those proposing the ,skate park,
which is the reason they pursued it after use of Westlake Park was denied. She noted that,
without exception, those on the committee were opposed to locating the skate park at the
Fairgrounds because the proposed site is isolated and located in a predominantly industrial area.
Mayor Youngman stated that, rather than voting on the proposed park master plan
amendment at this time, she would like to get a list of alternatives and an objective set of
standards for a skate park, and then look at the various options. She noted that the concerns
identified, such as mitigation of noise, safety of children crossing streets, distance from houses
and other issues could be taken into consideration and an informed decision made.
Commissioner Smiley stated she is in favor of allowing a skate park to be constructed,
and soon. She noted that, no matter which site is selected, she anticipates the Commission
will receive complaints about the choice.
Commissioner Rudberg noted that she lives in the general area of Kirk Park, and she
. recognizes there is a lot of traffic in the area. She stated, however, Oak Street will become
a raceway; and she would be concerned about the safety of any children going to the
Fairgrounds to use a skateboard facility. She forwarded her preference for placing the facility
in an open area where it is readily visible, rather than hiding it at the back of the Fairg,rounds.
Mayor Youngman stated she feels that objective information on each possible location
is needed so the Commission can make an informed decision.
It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the
Commission close the verbal portion of the public hearing and set the deadline for written
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testimony at noon on Wednesday, August 11, and table the decision on this item to August
16. 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 - 9:25 to 9:30 D.m.
Mayor Youngman declared a break from 9:25 p.m. to 9:30 p.m., in accordance with
Commission policy.
.
Public hearing - Commission Resolution No. 3300 - intent to annex .550 acres described as the
south 160 feet of Tract 12. Beatty's Alder Court Subdivision. located in the SW% . Section 13.
T2S. R5E. MPM (1604 West Lincoln Street) (A-9903)
This was the time and place set for the public hearing on Commission Resolution No.
3300, as approved by the City Attorney, entitled:
COMMISSION RESOLUTION NO. 3300
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
PARTICUlARl Y DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF
BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE
CORPORATE LIMITS THEREOF.
Mayor Youngman opened the public hearing.
. Assistant Planner Therese Berger presented the staff report. She noted that the subject
property is located at the southeast corner of the intersection of Lincoln Street and Alder Court;
and the front half of the lot is inside city limits while the back half of the lot is outside city
limits.
The Assistant Planner stated that the Development Review Committee has reviewed this
application in light of the goals and pOlicies set forth in Commission Resolution No. 3137, and
the staff's comprehensive findings are contained in the written staff report, which has
previously been submitted to the Commission. She briefly highlighted staff's recommendation
for approval of this application, subject to addressing the following issues:
1. The Annexation Agreement, which addresses all conditions placed
on the annexation application by the City Commission, shall be
returned to the City of Bozeman within one year of a City
Commission decision to annex the property, or annexation approval
shall be null and void.
2. The applicant shall "'Submit an annexation map with a legal description of
the property with the Annexation Agreement. The map must be supplied
on a mylar (18-inch by. 24-inch) for City records and on either letter or
legal size paper for recording with the Annexation Agreement by the
. Gallatin County Clerk and Recorder. The maps must be acceptable to the
Director of Public Service.
3. The property owner(s) shall provide usable water rights, or cash-in-lieu
thereof, in an amount to be determined by the Director of Public Service,
at the time the Annexation Agreement is submitted.
4. At the time existing or new structures apply for connection "to the City's
water and sewer facilities, the landowners shall pay all applicable water
and sewer impact fees that are due. The landowners and .th~ir successors
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shall pay all fire, street, water and sewer impact fees required by Chapter
3.24, Bozeman Municipal Code, or as amended at the time of application
for any permit listed therein.
5. There is presently no sewer or water available to the property. With
development, the owner or successors shall construct the water and
sewer mains to serve the property. To provide City water to the property,
the 12-inch water main in Lincoln will need to be extended to the east
property alignment (presently the City limits). A water main will also need
. to be installed down Alder Court Lane to the property's southern.
boundary. To provide City sanitary sewer to the property, a sewer main
will need to be installed from the 10-inch AC main in Lincoln Road down
Alder Court Lane to the southern property boundary.
6. Currently,' the property is not served by a pressurized water supply for fire
fighting. Fire Department approval for any new construction on t~e
property will require the i'nstallation or extension of a fire code compliant
water supply {fire hydrant(s)} to the property.
7. The owner or successors shall construct Alder Court Lane from its
intersection with Lincoln to the southern property boundary to city
~tandards at the time aoy devel,opment on the property takes place.
8. The applicant shall provide and record with the County Clerk and
Recorder's office executed Waivers of Right to Protest the Creation of
SIDs for the following:
a) . Street improvements including paving, curb/gutter, sidewalk
and storm drainage facilities for Lincoln Road and Alder
Court Lane;
. b) Signalization and intersection
improvements for the
intersection,of Lincoln Road and South 19th Avenue;
c) Water main improvements for the Lincoln Road Water Line
and the Alder Court Lane Water Line; and
d) Sewer mains in Alder Court Lane to serve the property.
Mr. Ray Center, Rocky Mountain Engineers, consulting engineer representing the
applicants, noted that prior to submitting the applications for annexation and rezoning, he met
with staff and researched the rezoning request submitted over twenty years ago, under which
"R-4" zoning was sought. He noted that when that request was denied, it was determined that
an "R-3" zoning designation would be more appropriate. He indicated that this subject property
fronts on Lincoln Street, and he anticipates access would be from that street rather than from
Alder Court. He stated the property owners propose to landscape the w.estern and southern
boundaries; however, since this property is neither annexed nor rezoned at this time, no
detailed development plan has been prepared. He noted that during the Planning Board
meeting, some discussion revolved around an "RS" or an "R-1" zoning designation rather than
the requested "R-3" zoning. He stated the densities in those zones would not be adequate,
although the applicant has indicated a willingness to consider the "R-2" zoning'suggested by
staff.
. Mr. Marty Lambert, 1521 Willow Way, indicated he will not speak on the annexation
issue, but questioned why the rezoning is not being considered at the same time.
Ms. Mary Price, 1615 Alder Court, stated she has lived at this location for almost 24
years. She noted that, when annexation of the front portion of the property was sought in the
late 1970s, neighbors did not complain because it was owned by a City employee and being
a city resident was one of the requirements of employment. She stated that, based on prior
experiences, such as the construction of the apartment complex on Lincoln Street, which was
"started in the middle of the night", and the apartment complex to the north, she is opposed
08-02-99
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to annexation of the remainder of this parcel, since this seems to be the first step in decline of
the area. She voiced her concern about the densities of development that can occur under city
zoning and encouraged the Commission to not approve this annexation.
Mr. Dennis Bonnet, 1523 Alder Court, expressed concern that a development proposal
is not being forwarded along with this request for annexation.
Staff Attorney Tim Cooper stated that, in most instances, annexation is requested so
City services can be secured. He noted that such requests are considered in light of the broad-
. based goals and policies established by the Commission. He stressed that annexation, rezoning
and development are individual processes, with each step standing on its own. He stated the
zoning cannot be changed without annexation; and the new zoning must be in compliance with
the City's ,master plan. He cautioned that it is premature, and generally ill-advised, to consider
an annexation or zoning designation based on a specific development proposal.
Since there were no Commissioner objections, Mayor Youngman closed the public
hearing.
It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the
Commission authorize and direct staff to bring back an Annexation Agreement, addressing Item
Nos. 1 through 8 above, for Commission consideration. The motion carried by the following
Aye arid No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg,
Commissioner Frost and Mayor Youngman; those voting No, none.
Public hearing - Zone MaD Amendment from "R-S" to "R-3" - Gary V. Kirt and Rvan J. Kirt -
.550 acres described as the south 160 feet of Tract 12. Beatty's Alder Court Subdivision.
located in the SW%. Section 13. T25. R5E. MPM (1604 West Lincoln Street) (Z-9955)
This was the time and place set for the public hearing on the Zone Map Amendment
. from "A-S", Residential--Suburban. Country Estates, to "R-3", Residential--Medium-density, as
requested by Gary V. Kirt and Ryan J. Kirt under Application No. Z-9955. on .550 acres
described as the south 160 feet of Tract 12, Beatty's Alder Court Subdivision, located in the
Southwest one-quarter of Section 13, Township 2 South, Range 5 East. Montana Principal
Meridian. The subject property is more commonly known as 1604 West Lincoln Street.
Mayor Young~an opened the public hearing.
Assistant Planner Therese Berger presented the staff report. She noted that staff has
reviewed this application in light of the twelve criteria set forth in State statutes, and the
comprehensive findings are contained in the written staff report which has been distributed to
the Commission. She reviewed the surrounding zoning designations and land uses, noting that
a majority of the properties are zoned "RS", with "PU" zoning to the north, and some "R-3"
and "R-4" zoning in the area. She stated that a majority of the lots along Alder Court vary from
slightly over % acre to slightly under 1 acre in size.
Assistant Planner Berger stated that, after reviewing this application in light of the
established criteria, staff forwarded a recommendation for rezoning to "R-2", Residential--
Single-family, Medium-density. She noted that the City-County Planning Bo~ud conducted its
public hearing on this application at its meeting of July 20 and, following consideration of the
. application, the staff report, the public input and the criteria, forwarded a recommendation for
denial.
Mr. Ray Center, consulting engineer, indicated that his testimony during the previous
public hearing applies to this application as well. He then forwarded a willingness to respond
to questions.
Mr. Marty Lambert. 1521 Willow Way. stated his Mother's property is next door to his
and abuts the subject property. He noted that the owner of the subject property lives in
Minnesota; and he is concerned that preserving the integrity of the neighborhood will not be
his primary concern. Rather, he suggested the property owner will be interested in maximizing
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the profit of this site by developing as many residential units as possible. He expressed
concern about the vagueness of development plans.
Mr. Lambert stressed that the application is for an "R-3" zoning designation and
suggested that the application should be denied, rather than negotiating for an "R-2" zoning
designation. He noted that, under the requested zoning and the planned u'nit development
process, twelve to fifteen units can be packed onto an acre, in what is an essentially rural area.
Mr. Lambert turned his attention to the existing 24-unit apartment building. He noted
_ that he was living at home when the. basement was' dug, and the hole was absolutely huge.
. He stated that the builder managed to get the building to a point that it could be grandfathered
in, in the "RS" zone; and the building has been allowed to remain. He concluded by submitting
letters of opposition from Bill and Bonnie Beyl, 1420 Alder Court, and R.L. Gorsuch and Mike
Gerber, 1608 and 1614 Alder Court. He noted that Mr. and Mrs. Beyl also submitted pictures
of the site, and asked that the Commissioners recognize the character of the property and how
impractical an "R-3" zoning would be.
Ms. Beth MacKenzie stated that her property at the corner of Lincoln Street and Willow
Way abuts the apartment building to which Mr. Lambert referred. She noted that her three
concerns pertain to noise, traffic and the value of property in the area. She stated that her
home is already impacted by noise from the existing apartment complex immediately adjacent
to her property. She also noted that the University Apartments, to the north, have generated
a lot of traffic, with those drivers giving no consideration to the amount of dust they kick up
or the safety of the small children in the neighborhood. She stated that this area was once a
nice family neighborhood, but as more apartments are allowed, it is deteriorating both in
character and in property values. She concluded by encouraging denial of this application.
Ms. Gretchen Iman, 1609 Alder Court, stated she is adamantly opposed to any more
apartments in the area.' She cited the undesirable changes that have occurred with the
construction of apartments and stated that allowing any more will result in further reducing
property values.
. Mr. Mike Cloe, 1715 Alder Court, stated that he purchased his house two years ago,
after renting it for some time. He noted that this area, with the single-family homes on large
lots, is appealing and urged the Commission to protect this character. He stated the applicant
was aware of the "RS" zoning on the property when he purchased it and urged the Commission
to deny the application for rezoning.
Mrs. Arline Lambert, 1611 Willow Way, stated she has lived in her home for over thirty
years and, during that time, she has witnessed people trying to make the area more beautiful
and wonderful. She reminded the Commission that the Planning Board recommended denial
of the requested rezoning and stated it is appropriate to retain the "RS" zoning. She stated
that changing the zoning to allow the construction of multi-family dwellings would have a
significant impact on the area. She. indicated that her main interest is in retaining the
neighborhood free of congestion, noise, litter and dirt. She concluded by asking the
Commissioners to consider the residents in the area and encouraged denial of the application.
Mr. Dennis Bona, 1523 Alder Court, stated he is opposed to the requested zone change
and indicated his concurrence with Mrs. Lambert's comlJ1ents. He noted the residents are
being asked to compromise their lifestyle for the economic gains of someone who does not live
in Bozeman, and he feels that is inappropriate. He also noted that, given the significantly
longer frontage on Alder Court than on Lincoln Street, it would be ridiculous to orient
. development toward Lincoln. He concluded by voicing his- skepticism about potential
development of the site and encouraging denial of this application.
Since there were no Commissioner objections, Mayor Youngman closed the public
hearing.
Commissioner Rudberg stated that she drove through the neighborhood in preparation
for this hearing. She recognized the concerns which have been voiced, and noted that many
of the residents are taking good care of their properties. She noted, however, that the
University Apartment property "looks worse than anything in the inner city in any major city",
08-02-99
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even though those units are new. She indicated that"she cannot support changing the zoning
on the subject property as requested; however, she also cautioned that one must be careful
when purchasing property because of potential future development.
Staff Attorney Cooper cautioned that, in light of the protest that has been received, a
3/4 majority vote of the Commission is required for approval of the proposed zone change.
Commissioner Smiley stated concurrence with Commissioner Rudberg's comments.
Mayor Youngman noted that when the City annexes land, it consistently establishes an
e appropriate urban designation. She stated she does not want to encourage sprawl within city
limits, noting she could support an "R-1" zoning designation.
Commissioner Frost noted that the area is essentially built out, and he does not believe
a dense zoning on this subject property would be appropriate. As a result, he indicated that
he cannot support the requested zoning.
It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the
Commission deny the Zone Map Amendment from "R-S", Residential--Suburban, Country
Estates, to "R-3", Residential--Medium-density, as requested by Gary V. Kirt and Ryan J. Kirt
under Application No. Z-9955, on .550 acres described as the south 160 feet of Tract 12,
Beatty's Alder Court Subdivision. 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.
Adjournment - 10:30 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 Rudberg and Mayor Youngman;
those voting No, none.
MA~oi:~r
ATTEST:
~;(~
ROBIN L.SULLlV AN
Clerk of the Commission
- "'
.
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