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Home My WebLink About1998-10-05 Minutes, City Commission _ ._n___._..__ MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA October 5, 1998 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, October 5, 1998, at 3:00 p.m. Present were Mayor Stiff, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman, City Manager Johnson, Assistant City Manager Brey, City Attorney Luwe and Clerk of the Commission Sullivan. Commissioner Frost was absent. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Authorize absence of Commissioner Frost from this meetinq. in compliance with Section 7~3~4322(2L M.C.A. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the . Commission authorize the absence of Commissioner Frost from this meeting, in compliance with Section 7~3~4322(2), M.C.A. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Youngman and Mayor Stiff; those voting No, none. Minutes ~ June 1. 1998. June 8, 1998. June 15. 1998. June 29. 1998. September 8. 1998 SePtember 21. 1998 and SePtember 28. 1998 It was moved by Commissioner Rudberg, seconded by Commissioner Youngman, that the minutes of the meetings of June 8, September 21 and September 28, 1998, be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Youngman, Commissioner Smiley and Mayor Stiff; those . voting No, none. Mayor Stiff deferred action on the minutes of the meetings of June 1, June 15, June 29 and September 8, 1998 to a later date. 1 0~05~98 ~ - 2 - Reauest for modifications to previouslv approved preliminarv plat for Willowbrook Condominium Subdivision (to create 85 condominium units in ten phases on 19.09 acres). to modify conditions to allow for continued construction of units prior to the completion of West Beall Street and North 25th Avenue (P-9510A) This was the time and place set for the continued consideration of a request for modifications to the previously approved preliminary plat for Willowbrook Condominium . Subdivision, as requested by Ken LeClair under Application No. P-951 OA, to modify Condition Nos. 6 and 19 to allow for continued construction of dwelling units prior to completion of improvements to West Beall Street and North 25th Avenue. Included in the Commissioners' packets was a letter from Holly Brown, attorney representing the applicant, dated September 29, requesting that this item be delayed to October 19. It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that the Commission continue consideration of this application to October 19, per the applicant's request. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg and Mayor Stiff; those . voting No, none. Conditional Use Permit - 3 Rivers Wireless - allow the mountina of antennae and associated support equipment on the existina City of Bozeman water tank on an easement site within Josephine Park, LeClairs Rearranaement of Graf's First Subdivision, Second Filing (Kenyon Drive) (Z-98136) This was the time and place set for review of the Conditional Use Permit requested by 3 Rivers Wireless, under Application No. Z-98136, to allow the mounting of antennae and associated support equipment on the existing City of Bozeman water tank on an easement site within Josephine Park, LeClairs Rearrangement of Graf's First Subdivision, Second Filing. The subject site is more commonly located at the end of Kenyon Drive. City Manager Johnson noted that, distributed to the Commission, was a memo from Staff Attorney Cooper, dated September 30, suggesting that this item and the next item be . tabled until after Ordinance No. 1479 is in effect. He then recommended that the Commission table consideration this item and the following item to December 7, which is the first Commission meeting after the effective date of the ordinance. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the Commission table consideration of this application to December 7, 1998. The motion carried 10-05-98 .--.......- . -.- - 3 - by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Youngman and Mayor Stiff; those voting No, none. Conditional Use Permit. 3 Rivers Wireless - allow the mountina of antennae and associated support eauipment on the existing Riverside Water District water tower located in the SW%, . SEY-., Section 23, T1 S, R5E, MPM (west side of Springhill Road north of Gallatin Drive (Z-98135) This was the time and place set for review of the Conditional Use Permit requested by 3 Rivers Wireless, under Application No. Z-98135, to allow the mounting of antennae and associated support equipment on the existing Riverside Water District water tower located in the Southwest one-quarter of the Southeast one-quarter of Section 23, Township 1 South, Range 5 East, Montana Principal Meridian. The subject site is more commonly located along the west side of Springhill Drove, north of Gallatin Drive. It was moved by Commissioner Rudberg, seconded by Commissioner Youngman, that the Commission table consideration of this application to December 7, 1998. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, . Commissioner Youngman, Commissioner Smiley and Mayor Stiff; those voting No, none. Preliminarv plat review for Sundance Sprinas PUD. Phases IIA and liB - Sundance Sprinas Development L.L.C. - subdivide 67.82 acres located in the NEY-., Section 30, T2S, R6E, MPM, into 75 lots for sinale-familv residential development (northeast corner of intersection of South Third Avenue and Goldenstein lane) (P-9841) This was the time and place set for review of the preliminary plat for Sundance Springs Planned Unit Development, Phases IIA and liB, as requested by Sundance Springs Development, L.L.C., under Application No. P-9841, to subdivide 67.82 acres located in the Northeast one- quarter of Section 30, Township 2 South, Range 6 East, Montana Principal Meridian, into 75 lots for single-family residential development. The subject property is more commonly located at the northeast corner of the intersection of South Third Avenue and Goldenstein lane. Assistant Planning Director Debbie Arkell presented the staff report. She noted this is . the second and final phase of Sundance Springs Subdivision. She then reminded the Commission that the planned unit development for Sundance Springs was approved in January 1996, and the final plan for the PUD and the final plat for Phase I were filed in July 1998. She stated that under this application, 67 acres of land will be subdivided into 75 lots, with Phase IIA including the 17 lots in the southeast corner of the property and Phase liB including 58 lots 10-05-98 - 4 - on the property immediately to the west and north of that corner. She noted that this division of the lots is designed to make it easier for the City to acquire those 17 lots if it chooses to exercise the right of first refusal that was included in the approval of the planned unit development. She gave a brief overview of the infrastructure improvements to be included in . this subdivision, noting that 24-foot-wide paved streets and sidewalks are to be constructed in 70-foot-wide rights-of-way, and City water and sewer are to be extended to this portion of the subdivision. She noted that Nash Spring Creek extends through the property, and there are no plans to relocate it. She then indicated that 34.10 acres of common open space are included in this proposed subdivision. The Assistant Planning Director stated that the City-County Planning Board conducted its public hearing on this application at its September 15 meeting. She gave a brief overview of the information received at that hearing and the essence of the testimony received, including trail access, open space and high groundwater. She noted that Dr. Jack Peters was present at the hearing but left due to the late hour. Following the public hearing, he submitted a letter, and Mr. Mike Potter has indicated a willingness to allow that letter to be submitted to the . Commission for consideration. The Assistant Planning Director stated that, after considering the testimony received, the criteria for consideration of a preliminary plat and the comprehensive findings contained in the written staff report, the Planning Board forwarded a recommendation for approval, subject to 23 conditions. She stated that, since then, the City Attorney has identified two conditions which are to be revised to meet the subdivision regulations. She reviewed those revisions to Condition Nos. 5 and 14c, as recommended by City Attorney Luwe and forwarded in a memo dated October 5. She then noted that in a memo dated September 30, she forwarded responses to questions raised at last week's agenda meeting, noting that those responses include possible revisions to Condition Nos. 8 and 14. She stated that probably the largest issue is the first right of refusal for Phase IIA. She stated that the developer is agreeable to the . condition, and the City Attorney is currently working with the applicant's attorney in an effort to ensure that the offer is for a reasonable period of time and does not delay the possible sale of those lots. She then noted that the Commissioners have received a memo from Sundance Springs Development, dated October 1, 1998, which indicates that the estimated cost of the 10-05-98 - -., - -...- ---.-. -~. ~ 5 ~ 17 lots is $782,000 prior to the installation of infrastructure and $935,000 after the infrastructure for each lot has been completed. Commissioner Youngman stated that during her review of the information included in this week's packet, in comparison with the planned unit development submittal, she found the initial . submittal indicated that no building envelope would be included in any level of floodplain designation; but the only information contained in this submittal is for the 1 OO-year floodplain. She then suggested that a portion of Lot 67, as proposed, lies in Zone X, which is not reflected in the material for this preliminary plat. Assistant Planning Director Arkell stated the condition for the planned unit development indicates there will be no building in the 1 OO-year floodplain but does not address the 500-year floodplain. She then indicated that, as staff reviews a preliminary plat for this type of project, they typically check the planned unit development requirements to ensure the plat complies with those conditions. Commissioner Youngman then expressed concern about the hydric soils and high groundwater that exist in this area. She also noted that, with the development of the first . phase of this subdivision, the Commissioners received several calls from residents in the area about the noise from the pumps used to dewater the area as infrastructure improvements were being installed. She suggested that the Commissioners add a condition with language similar to the condition attached to approval of the Harvest Creek Subdivision, to ensure that those noises are mitigated. Mr. Mike Potter, applicant, stated he is in agreement with the revisions to the conditions recommended by staff and is willing to reconfigure Lot 67 to ensure that none of it lies in the floodplain. He then stated that he will also honor the language of the first right of refusal as prepared by City Attorney Luwe in conjunction with his attorney. He then stated that dewatering is typically a part of utility work in Bozeman, noting that in this instance, the proximity of the neighbors has created an issue. He then noted that during the previous phase, . they agreed to mitigate the noise by using quieter equipment and placing hay bales around the generators, and they are willing to do so again. He then acknowledged that there has been some confusion about the floodplain data that has been provided during the development of this project. He characterized the original information from FEMA as being gross in nature, while the data provided by Morrison-Majerle for this site was very detailed. He concluded by 1 0~05-98 ~-"---~ - 6 ~ indicating he is comfortable with the information in this submittal and the preliminary plat that has been developed. Responding to Commissioner Youngman, Mr. Potter stated he has no problem with the addition of a condition which would require the buffering of Sourdough Trail with native trees, . including some evergreen trees, and bushes and other vegetation. Responding to Commissioner Youngman, Mr. Keith Belden, Morrison-Maierle, stated that Zone X is unregulated and undefined. Commissioner Youngman stated that the planned unit development proposal indicates no building envelopes will be located in the floodplain, and she feels the preliminary plat must be consistent with that PUD. Responding to Mayor Stiff, City Attorney Luwe stated that the first right of refusal is an issue that would be addressed in conjunction with the final plat, which means the lots must first be created before the City may exercise the option. He then indicated that allowing a group to raise monies for acquisition of the property before the lots are created is not addressed in the conditions as forwarded by the Planning Board. . Commissioner Rudberg stated she has no problem with the recommended revisions to the conditions as forwarded in the two memos, and she has no problem with adding the condition regarding buffering of the trail; however, she cannot support the addition of the proposed conditions regarding the floodplain and the mitigating of noise from dewatering. Commissioner Youngman noted that Commissioner Frost had requested at last week's meeting that the decision on this preliminary plat be delayed until he returns. She recognized that Commissioner Rudberg will be absent from the next two meetings, but noted the Commission could consider this item at a special meeting on October 26. She stated that would also give staff an opportunity to work on a condition regarding pumping. Assistant Planning Director stated the last date for acting on this application is October 16, unless extended by the applicant. . Commissioner Youngman stated that at Thursday night's meeting, the Recreation and Parks Advisory Board determined that, while it supports acquisition of the 10 acres in the southeast corner of this property for open space, it recognizes that this is not a high priority for use of City funds. 10-05-98 .....-- - 7 - In response to whether the Commissioners wished to consider written input from both the Recreation and Parks Advisory Board and the Bozeman Area Bicycle Advisory Board, they asked that the information be included in next week's packet, along with the late submittals which have been received. . Break - 3:40 to 3:50 p.m. Mayor Stiff declared a break from 3:40 p.m. to 3:50 p.m., in accordance with Commission policy. Preliminary plat review for Sundance Springs PUD, Phases IIA and liB (continued) - Sundance Springs Development L.L.C. - subdivide 67.82 acres located in the NE% , Section 30, T2S, R6E, MPM, into 75 lots for sinale-familv residential development (northeast corner of intersection of South Third Avenue and Goldenstein Lane) (P-9841) Assistant City Manager Ron Brey reviewed the condition in the Harvest Creek Subdivision approval pertaining to dewatering, which reads as follows: During development of the subject property mechanical or electrical devices which create a loud, raucous or pulsating sound shall not be operated between the hours . of 9:00 p.m. and 7:00 a.m. of the following day if the noise emanating from the devices unreasonably interferes with the health, comfort, safety or welfare of any inhabited dwelling unit in the surrounding area. Vehicles and equipment utilized to clear snow are exempted from this condition. Responding to Mayor Stiff, Mr. Potter stated he will accept the condition if the Commission wishes to impose it. City Attorney Luwe stated that during the break, he reviewed Condition No. 15, and suggested it needs revision to include a specific length of time on the first right of refusal. He then stated that under the condition, as currently written, the infrastructure will be in place before the lots are purchased. Responding to Commissioner Rudberg, Mr. Belden stated the infrastructure improvements have been almost completely engineered. Responding to questions from the Commission, Mr. Potter stated that he does not intend . to break ground on infrastructure improvements until next spring, and the final plat won't be ready for approval until early summer. He then stated that, between now and the time he breaks ground for the installation of the infrastructure, he would like to leave the door open for the possibility of purchasing this property for open space on a wholesale basis; however, after the plat is recorded, the land will be sold at a higher price. 10-05-98 - 8 - Responding to Commissioner Smiley, Mr. Potter indicated that construction could possibly begin by March 1. Responding to Mayor Stiff, Mr. Potter indicated that the lots immediately adjacent to the open space might possibly be slightly more valuable. He stressed, however, that this . subdivision is a middle market product, where people can afford only so much for the lot and house, thus limiting the potential for any significant increase. Responding to Commissioner Youngman, Mr. Potter stated he is trying to keep this project on schedule and, as a result, does not want to have the decision delayed until a full Commission is present. Responding to Commissioner Youngman, City Attorney Luwe stated that, to allow the '""'" .-" City or other individuals to purchase the 17 lots for parkland by March 1, prior to installation of infrastructure, Condition No. 15 must be revised. Responding to Commissioner Smiley, Mr. Keith Belden stated that Page 1 of the PUD submittal indicates there will be some building in Zone X. He further stressed that the section on environmental assessment indicates that changes have been made between the pre- . application and the preliminary plat and that some building envelopes and building areas were included in Zone X. Responding to Commissioner Youngman, Mr. Belden stressed the importance of considering the document as a whole, rather than taking one statement out of it. Responding to the revisions to the conditions proposed by Commissioners, Mr. Potter stated he will accept the written revisions to Condition Nos. 5, 8, 14c and 14e, the revision to Condition No. 15 as suggested by the City Attorney for the entire 17 lots, and the additional conditions proposed by Commissioner Youngman regarding buffering and mitigating the noise from pumping; however, he does not support the proposed condition regarding building in the floodplain. It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that the . Commission approve the preliminary plat for Sundance Springs Planned Unit Development, Phases IIA and liB, as requested by Sundance Springs Development, L.L.C., under Application No. P-9841, to subdivide 67.82 acres located in the Northeast one-quarter of Section 30, Township 2 South, Range 6 East, Montana Principal Meridian, into 75 lots for single-family residential development, subject to the following conditions: 10-05-98 ------ ---- ~,~-....-.- - "II"""-:.-.;~~ ... - 9 - 1. The final subdivision plat shall conform to the Uniform Standards for Final Subdivision Plats, contain all appropriate certificates, page titles, and be accompanied by all appropriate documents, including a Platting Certificate. A digital copy of the final plat, on a double sided, high-density 3 % inch floppy disk, shall be submitted with the final plat application. The final subdivision plat must be approved within three years from the date of preliminary plat approval by the Bozeman City Commission. Prior to the expiration date, the subdivider may submit a letter of request to the . Planning Director for a one year extension. Thereafter, the City Commission may approve an extension for not more than one additional calendar year. If the final subdivision plat is filed prior to the installation of all improvements, the developer shall enter into an Improvements Agreement, which must be filed with the final plat, and provide the City of Bozeman with an acceptable method of security equal to 150% of the cost of the remaining improvements. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements. 2. Approval of the final subdivision plat from the Department of Environmental Quality must occur prior to Final Subdivision Plat approval, pursuant to Section 16.16.101 through 16.16.805, ARM. Notification of that approval must be submitted with the final plat. 3. A site grading plan shall be prepared as a supplement to the project improvement drawings, which includes, at a minimum, existing contours, contours after the street is constructed but before development grading, spot elevations and flow directional arrows. The plan must demonstrate adequate drainage to an acceptable discharge device, and should be used . to establish street and building foundation grades. If the grading design discloses any adverse impact to off-site properties, necessary design alterations and/or drainage conveyance devices and easements must be provided. 4. Plans and specifications and a detailed design report for water and sewer main extensions, storm sewer and the streets, prepared by a Professional Engineer (PE) licensed in the state of Montana, shall be provided to and approved by the City Engineer and the Montana Department of Environmental Quality, where required. The applicant shall provide Professional Engineering services for Construction Inspection, Post- Construction. Certification, and preparation of mylar record drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a preconstruction conference has been conducted. To impede ground water migration along public utility trenches, clay or concrete cutoff walls shall be installed along all sanitary sewer lines and water lines within the development. The location of the cutoff walls shall . be subject to review and approval of the City Engineer. 5. All infrastructure improvements including 1) water and sewer main extensions, and 2) public streets, City-standard residential sidewalks on all street frontages, and related storm drainage infrastructure improvements shall be constructed or financial guaranteed for each phase prior to final plat approval of each phase. No building permits will be issued prior to acceptance of subdivision infrastructure improvements. 10-05-98 ..~. . ------ -~ - 10 - 6. All existing and proposed utility easements shall be shown on the final subdivision plat, and utility easements shall be in the location required by the subdivision regulations unless a utility company requests otherwise. A blanket utility note may not be used; each lot must show all utility easements. 7. Any required permits (i.e., 310, 404, Turbidity exemption, etc.) must be obtained prior to final approval of the plans and specifications for public . infrastructure, and copies of the permits submitted to the City Engineer. 8. With regard to floodplain: - A Floodplain Development Permit must be obtained from the City Engineer prior to approval of any work within the floodplain. - The 100 year floodplain boundary and flood elevations must be depicted on the final improvement plan. - Culvert sizing design calculations shall be provided for any stream crossing(s). - Lot 67 shall be reconfigured so it is completely outside of the floodplain. 9. The Montana Department of Environmental Quality, Water Quality Bureau, shall be contacted by the applicant to determine if a Storm Water Discharge Permit is necessary. Written notification of the need or no need for the permit shall be submitted with the construction drawings. If a permit is required by the State, the developer shall demonstrate to the City full permit compliance. . 10. A 45 foot wide right-of-way dedication for Goldenstein Lane shall be provided on the final plat along the section of Goldenstein Lane adjoining Phase 2A. 11 . Provisions for pedestrian conveyance along the section of Goldenstein Lane adjacent to Phase 2A shall be provided by the developer as required with the zoning PUD, and shall be completed prior to final plat approval of Phase 2A. These improvements may be financially guaranteed through an Improvements Agreement, and if so guaranteed, will not impede the Issuance of building permits within the project. However, the improvements must be completed within the time period allowed in the Subdivision Improvements Agreement. 12. Internal streets within the subdivision shall be contained within 70 foot wide rights-of-way, as shown on the preliminary plat, and shall be constructed to the 24-foot standard proposed in the submittal. Street name signs shall be provided at all road intersections. 13. The ponds and wetland enhancements within each phase shall be completed prior to filing the final plat(s), or shall be financially guaranteed and constructed within the parameters of the PUD. . 14. The final subdivision plat shall contain the following: a) A note stating: Due to the relatively high groundwater table within the subdivision, it is not recommended that structures with full or daylight basements be constructed. b) A "no access" note prohibited direct access to Goldenstein Lane for all lots fronting that street. 10-05-98 - 11 - c) The note shown on the preliminary plat regarding fire department response times shall be expanded to also include police department response times. 15. The developer shall not commence the installation of infrastructure improvements until March 1, 1999, to allow the City of Bozeman or individuals to purchase all or a portion of the property designated as the future 17 lots proposed along Sweet Water Drive for parkland purposes . prior to final plat approval. 16. Water rights or a cash-in-lieu fee in an amount determined by the Director of Public Service shall be provided prior to final plat approval of each phase. 17. The final plat shall clearly delineate the difference between phases, if the phases are filed on the same plat. Sheets 2 and 3 shall be accurately drawn showing the perimeter boundary of the subdivision adjacent to the parks and Goldenstein Lane. 18. A 50-foot setback shall be shown along both sides of Nash Spring Creek. 19. The common open space areas shall be appropriately identified on the final plat(s). 20. AU public park boundaries adjacent to private lots shall be delineated at the common private/public corner pins, with flat, flexible fiberglass posts, a minimum of 6-feet in length with no less than 2-feet driven into the ground. Each post must be labeled with a permanent glue on sign stating "Park Boundary" or "Property Boundary". Other forms of boundary marking may be approved by the planning department. . 21. If the cul-de-sac at the north end of Graf Street is located on the adjoining property, a written easement from the adjacent property owner TO THE CITY shall be provided to and accepted by the City Engineer prior to construction of the cul-de-sac. If an easement is not obtained, the cul-de- sac must be constructed on the subject property, which may prevent development of certain lots. The cul-de-sac cannot be located in the park. 22. A Stormwater Master Plan for the subdivision for a system designed to removed solids, silt, oils, grease and other pollutants from the runoff from the streets and all lots must be provided to and approved by the City Engineer. The master plan must depict the maximum sized retention basin location, show location of and provide easements for adequate drainage ways within the subdivision to transport runoff to the stormwater receiving channel. The plan shall include sufficient site grading and elevation information (particularly for the basin site, drainage ways and finished lot grades), typical stormwater detention/ retention basin and discharge structure details, basin sizing calculations and a stormwater maintenance plan. Any stormwater ponds located with the open space areas shall be designed and constructed to be conducive to the normal use and maintenance of the open space. A drainage swale and easement shall be . provided to direct over flow water from the existing retention pond to the road side ditch system in order to avoid potential flooding problems of the adjacent lots. 23. The applicant is reminded that all applicable conditions of the zoning PUD approval apply to these phases of the project. 24. Native trees, including evergreen species, and shrubs will be planted in the common open space area to buffer the Sourdough Trail in spots where the trail comes close to the property line. 10-05-98 - 12 - 25. During development of the subject property mechanical or electrical devices which create a loud, raucous or pulsating sound shall not be operated between the hours of 9:00 p.m. and 7:00 a.m. of the following day if the noise emanating from the devices unreasonably interferes with the health, comfort, safety or welfare of any inhabited dwelling unit in the surrounding area. Vehicles and equipment utilized to clear snow are exempted from this condition. . 26. Consistent with the applicant's approved PUD submittal, no building envelopes will occur in the 500 year/Zone X floodplain. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Youngman; those voting No being Commissioner Smiley, Commissioner Rudberg and Mayor Stiff. Commissioner Youngman stated she does not consider the planned unit development as "ancient history", noting that it was subjected to a complicated and lengthy public process during which a number of issues were clarified and negotiated with the developer. She then stressed the importance of recognizing the sensitivity of this area and ensuring that it does not negatively impact downstream properties. She indicated that she cannot support this proposal because it includes lots within the Zone X areas. Responding to Commissioner Smiley, Assistant Planning Director Arkell stated that the . planned unit development for this project is in place, and the condition pertaining to floodplains applies to the 1 OO-year floodplain only. She noted that this issue as discussed at length when the final site plan was reviewed. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the Commission approve the preliminary plat for Sundance Springs Planned Unit Development, Phases IIA and liB, as requested by Sundance Springs Development, L.L.C., under Application No. P-9841, to subdivide 67.82 acres located in the Northeast one-quarter of Section 30, Township 2 South, Range 6 East, Montana Principal Meridian, into 75 lots for single-family residential development, subject to the following conditions: 1. The final subdivision plat shall conform to the Uniform Standards for Final Subdivision Plats, contain all appropriate certificates, page titles, and be . accompanied by all appropriate documents, including a Platting Certificate. A digital copy of the final plat, on a double sided, high-density 3 Y:z inch floppy disk, shall be submitted with the final plat application. The final subdivision plat must be approved within three years from the date of preliminary plat approval by the Bozeman City Commission. Prior to the expiration date, the subdivider may submit a letter of request to the Planning Director for a one year extension. Thereafter, the City Commission may approve an extension for not more than one additional calendar year. 10-05-98 ...- --..-.-...-- - 13 - If the final subdivision plat is filed prior to the installation of all improvements, the developer shall enter into an Improvements Agreement, which must be filed with the final plat, and provide the City of Bozeman with an acceptable method of security equal to 150% of the cost of the remaining improvements. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements. . 2. Approval of the final subdivision plat from the Department of Environmental Quality must occur prior to Final Subdivision Plat approval, pursuant to Section 16.16.101 through 16.16.805, ARM. Notification of that approval must be submitted with the final plat. 3. A site grading plan shall be prepared as a supplement to the project improvement drawings, which includes, at a minimum, existing contours, contours after the street is constructed but before development grading, spot elevations and flow directional arrows. The plan must demonstrate adequate drainage to an acceptable discharge device, and should be used to establish street and building foundation grades. If the grading design discloses any adverse impact to off-site properties, necessary design alterations and/or drainage conveyance devices and easements must be provided. 4. Plans and specifications and a detailed design report for water and sewer main extensions, storm sewer and the streets, prepared by a Professional Engineer (PEl licensed in the state of Montana, shall be provided to and approved by the City Engineer and the Montana Department of Environmental Quality, where required. The applicant shall provide Professional Engineering services for Construction Inspection, Post- . Construction. Certification, and preparation of mylar record drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a preconstruction conference has been conducted. To impede ground water migration along public utility trenches, clay or concrete cutoff walls shall be installed along all sanitary sewer lines and water lines within the development. The location of the cutoff walls shall be subject to review and approval of the City Engineer. 5. All infrastructure improvements including 1 I water and sewer main extensions, and 2) public streets, City-standard residential sidewalks on all street frontages, and related storm drainage infrastructure improvements shall be constructed or financial guaranteed for each phase prior to final plat approval of each phase. No building permits will be issued prior to acceptance of subdivision infrastructure improvements. 6. All existing and proposed utility easements shall be shown on the final subdivision plat, and utility easements shall be in the location required by the subdivision regulations unless a utility company requests otherwise. . A blanket utility note may not be used; each lot must show all utility easements. 7. Any required permits (i.e., 310, 404, Turbidity exemption, etc.) must be obtained prior to final approval of the plans and specifications for public infrastructure, and copies of the permits submitted to the City Engineer. 10-05-98 __ ._____.., __..n___.' ... ...-------.- ~"~",1,"~, - 14 - 8. With regard to floodplain: - A Floodplain Development Permit must be obtained from the City Engineer prior to approval of any work within the floodplain. - The 100 year floodplain boundary and flood elevations must be depicted on the final improvement plan. . - Culvert sizing design calculations shall be provided for any stream crossing(s) . - Lot 67 shall be reconfigured so it is completely outside of the floodplain. 9. The Montana Department of Environmental Quality, Water Quality Bureau, shall be contacted by the applicant to determine if a Storm Water Discharge Permit is necessary. Written notification of the need or no need for the permit shall be submitted with the construction drawings. If a permit is required by the State, the developer shall demonstrate to the City full permit compliance. 10. A 45 foot wide right-of-way dedication for Goldenstein Lane shall be provided on the final plat along the section of Goldenstein Lane adjoining Phase 2A. 11 . Provisions for pedestrian conveyance along the section of Goldenstein Lane adjacent to Phase 2A shall be provided by the developer as required with the zoning PUD, and shall be completed prior to final plat approval of Phase 2A. These improvements may be financially guaranteed through an Improvements Agreement, and if so guaranteed, will not impede the issuance of building permits within the project. However, the . improvements must be completed within the time period allowed in the Subdivision Improvements Agreement. 12. Internal streets within the subdivision shall be contained within 70 foot wide rights-of-way, as shown on the preliminary plat, and shall be constructed to the 24-foot standard proposed in the submittal. Street name signs shall be provided at all road intersections. 13. The ponds and wetland enhancements within each phase shall be completed prior to filing the final plat(s), or shall be financially guaranteed and constructed within the parameters of the PUD. 14. The final subdivision plat shall contain the following: a) A note stating: Due to the relatively high groundwater table within the subdivision, it is not recommended that structures with full or daylight basements be constructed. b) A "no access" note prohibited direct access to Goldenstein Lane for all lots fronting that street. . c) The note shown on the preliminary plat regarding fire department response times shall be expanded to also include pOlice department response times. 15. The developer shall not commence the installation of infrastructure improvements until March 1, 1999, to allow the City of Bozeman or individuals to purchase all of the property designated as the future 17 lots proposed along Sweet Water Drive for parkland purposes prior to final plat approval. 10-05-98 ~ 15 - 16. Water rights or a cash-in-lieu fee in an amount determined by the Director of Public Service shall be provided prior to final plat approval of each phase. 17. The final plat shall clearly delineate the difference between phases, if the phases are filed on the same plat. Sheets 2 and 3 shall be accurately drawn showing the perimeter boundary of the subdivision adjacent to the parks and Goldenstein Lane. . 18. A 50-foot setback shall be shown along both sides of Nash Spring Creek. 19. The common open space areas shall be appropriately identified on the final plat(sl. 20. All public park boundaries adjacent to private lots shall be delineated at the common private/public corner pins, with flat, flexible fiberglass posts, a minimum of 6~feet in length with no less than 2-feet driven into the ground. Each post must be labeled with a permanent glue on sign stating "Park Boundary" or "Property Boundary". Other forms of boundary marking may be approved by the planning department. 21. If the cul-de-sac at the north end of Graf Street is located on the adjoining property, a written easement from the adjacent property owner TO THE CITY shall be provided to and accepted by the City Engineer prior to construction of the cul-de-sac. If an easement is not obtained, the cul-de- sac must be constructed on the subject property, which may prevent development of certain lots. The cul-de-sac cannot be located in the park. 22. A Stormwater Master Plan for the subdivision for a system designed to . removed solids, silt, oils, grease and other pollutants from the runoff from the streets and all lots must be provided to and approved by the City Engineer. The master plan must depict the maximum sized retention basin location, show location of and provide easements for adequate drainage ways within the subdivision to transport runoff to the stormwater receiving channel. The plan shall include sufficient site grading and elevation information (particularly for the basin site, drainage ways and finished lot gradesl, typical stormwater detention/re tention basin and discharge structure details, basin sizing calculations and a stormwater maintenance plan. Any stormwater ponds located with the open space areas shall be designed and constructed to be conducive to the normal use and maintenance of the open space. A drainage swale and easement shall be provided to direct over flow water from the existing retention pond to the road side ditch system in order to avoid potential flooding problems of the adjacent lots. 23. The applicant is reminded that all applicable conditions of the zoning PUD approval apply to these phases of the project. 24. Native trees, including evergreen species, and shrubs will be planted in the common open space area to buffer the Sourdough Trail in spots here the trail comes close to the property line. . 25. During development of the subject property mechanical or electrical devices which create a loud, raucous or pulsating sound shall not be operated between the hours of 9:00 p.m. and 7:00 a.m. of the following day if the noise emanating from the devices unreasonably interferes with the health, comfort, safety or welfare of any inhabited dwelling unit in the surrounding area. Vehicles and equipment utilized to clear snow are exempted from this condition. 10-05-98 - .- --- - 16 - The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg and Mayor Stiff; those voting No being Commissioner Youngman. . Ordinance No. 1478 - amending Sections 8.16.010, 8.16.020, 8.16.030, 8.16.050 and 8.16.060 of the Bozeman Muncipal Code to establish regulations for an automated solid waste collection system and the setting of fees for such service and to Drohibit the dumDing of wastes at recvcling receptacles Included in the Commissioners' packets was a copy of Ordinance No. 1478, as approved by the City Attorney, entitled: ORDINANCE NO. 1478 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING SECTIONS 8.16.010, 8.16.020, 8.16.030, 8.16.050 AND 8.16.060, OF SAID CODE, AMENDING THE SOLID WASTE REGULATIONS TO PROVIDE FOR THE AUTOMATED SOLID WASTE COLLECTION SYSTEM AND THE SETTING OF FEES FOR SUCH SERVICE, AND FOR A PROHIBITION AGAINST DUMPING OF WASTE AT RECYCLING RECEPTACLES. Staff Attorney Tim Cooper stated that this ordinance addresses the new automated garbage collection system and provides for setting fees for this service. He then stated that . the Street/Sanitation Superintendent has also asked that this ordinance address the illegal dumping of wastes and products for which recycling is not being provided. He then forwarded a proposed revision to the new language at the top of Page 6, changing it to read"... or the deposit of materials not identified or listed as acceptable materials at ..." Responding to Commissioner Rudberg, Street/Sanitation Superintendent Roger Sicz stressed the importance of the addition of this prohibition. He noted that if someone leaves materials which are not recyclable or leave their normal garbage, it forces the property owners where the recyle bins are located to clean up the area. He expressed concern that, without this prohibition and attendant penalty, the City could lose some of its site because of somebody's irresponsibility. . It was moved by Commissioner Rudberg, seconded by Commissioner Youngman, that Ordinance No. 1478, establishing regulations for an automated solid waste collection system and setting the fees therefor and prohibiting the dumping of wastes at recycling receptacles, be provisionally adopted, as revised to include the language suggested by Staff Attorney Luwe, and brought back in two weeks for final adoption. The motion carried by the following Aye and 10-05-98 . - ..- -...--....-..- ....--..- - 17 - No vote: those voting Aye being Commissioner Rudberg, Commissioner Youngman, Commissioner Smiley and Mayor Stiff; those voting No, none. Ordinance No. 1479 - amending various sections of ChaDter 18.04 and adding ChaDter 18.57 to the Bozeman MuniciDal Code to Drovide for the regulation and sitina of telecommunications . towers Included in the Commissioners' packets was a copy of Ordinance No. 1479, as approved by the City Attorney, entitled: ORDINANCE NO. 1479 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING SECTION 18.04.650, BY ADDING SECTIONS 18.04.105, 18.04.655, 18.04.665, 18.04.885, 18.04.1465, 18.04.1485, AND 18.04.1605, AND BY ADDING CHAPTER 18.57 TO PROVIDE FOR THE REGULATION OF TELECOMMUNICATIONS TOWERS. City Manager Clark Johnson stated that this ordinance includes a section which specifically repeals the ordinances which implemented the moratorium on the installation of antennae and, as a result, the moratorium will be eliminated on the effective date of the ordinance. . Responding to questions from Mr. Bill Donnely, Walter group representing 3 Rivers Wireless, City Attorney Luwe confirmed that the moratorium must be removed through the adoption of an ordinance, and the quickest method of accomplishing that is through the inclusion of a repealer in this ordinance. He then stressed that the effective date of the ordinance is November 20, and that is the date upon which the moratorium will end. Mr. Donnely stressed the importance of timing, noting that his group has worked with staff to develop the ordinance which is now before the Commission. He indicated his interest in expediting the process as much as possible, particularly since his clients would like to have their projects completed by the time the snow flies. He also noted that timing is critical for the success of their ventures, and part of that includes being ready to sell their products in time for Christmas. . Responding to questions from the Commission, City Attorney Luwe stated that November 20 is the earliest date that the ordinance may become effective, given the statutory timelines which must be observed. He then encouraged the Commissioners to remember that 10-05-98 ...---. - 18 - this is a complicated, highly technical ordinance and zone code amendment process that has taken less than six months to complete. Mr. Craig Bender, 3 Rivers Wireless, stated he would like to proceed with getting power and telephone service extended to the sites for which they have sought conditional use permits, . which would then shorten the time it would take to get their service in operation after approval is received. He recognized that no on-site construction would be allowed prior to lifting of the moratorium. He then noted that the only lease for use of existing facilities that he does not have at this time is one with the City. City Manager Johnson stressed that any work undertaken prior to Commission action on the conditional use permits is at the applicant's risk and, if the applications are not approved, any work completed must be removed and the site restored. It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that Ordinance No. 1479, providing for the regulation and siting of telecommunications towers, be provisionally adopted and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, . Commissioner Smiley, Commissioner Rudberg and Mayor Stiff; those voting No, none. Ordinance No. 1480 - amendina Sections 18.56.010 and 18.56.030 of the Bozeman Municipal Code. providing for revisions to the membership and powers and duties of the board of Adjustment Included in the Commissioners' packets was a copy of Ordinance No. 1480/ as approved by the City Attorney, entitled: ORDINANCE NO. 1480 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY AMENDING SECTIONS 18.56.010 AND 18.56.030; PROVIDING FOR REVISIONS TO THE MEMBERSHIP AND POWERS AND DUTIES OF THE BOARD OF ADJUSTMENT. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that . Ordinance No. 1480. revising the membership and powers and duties of the Board of Adjustment, be provisionally adopted and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg and Mayor Stiff; those voting No being Commissioner Youngman. 10-05-98 - 19 - Responding to Commissioner Rudberg, City Manager Luwe stated if the vote to finally adopt this ordinance at the October 19 meeting does not pass, it will be placed on the November 2 agenda for action; and the effective date ofthe ordinance will need to be changed. . Reiect bids for Bozeman Ponds CTEP Droiect City Manager Johnson reminded the Commission that this item was removed from the Consent Items. Included in the Commissioners' packets was a memo from Special Projects Coordinator Goehrung, dated September 30. The City Manager stated that he has received several telephone calls regarding this agenda item today. He stated that, since the bids received were $28,000 higher than anticipated, staff has recommended the bids be rejected and that the project be rebid in the spring, after the plans and specifications have been revised. He noted the other option is for the Commission to award the bid and appropriate an additional $28,000 for this project. In response to questions from Commissioner RUdberg, the City Manager confirmed there . are several outstanding issues which must be resolved prior to rebidding of this project, if the Commission rejects the bids as recommended by staff. Mr. Jim Hall, lowest responsive bidder, cautioned that rebidding on price alone would circumvent the intent of the bidding process and suggested that, if price is the only issue, the bid should be awarded at this time. He also suggested that, under State law, the City may negotiate with the low bidder to reduce the work and the costs, and suggested that alternative could reduce the costs by approximately the amount that this bid was over the monies appropriated. It was moved by Commissioner Rudberg, seconded by Commissioner Youngman, that the bids for the Bozeman Ponds CTEP project be rejected. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Youngman, . Commissioner Smiley and Mayor Stiff; those voting No, none. Discussion - Commissioner Droiects None of the Commissioners forwarded any comments under this agenda item. 10-05-98 ~~.,._"'. - 20 - Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. (1 ) Copy of the agenda for the 67th Annual Montana League of Cities and Towns . Convention, to be held in West Yellowstone on October 7 through 9. (2) Agenda for the Drug Court Planning Coalition meeting to be held at noon on Thursday, October 15, at the Courthouse. (3) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, October 6, in the Commission Room. (4) Agenda for the City~County Planning Board meeting to be held at 7:00 p.m. on Tuesday, October 6, in the Commission Room. (5) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, October 6, at the Courthouse. (6) City Manager Johnson submitted his weekly report, as follows. (1) Stated that he and Assistant City Manager Brey participated in the annual police and fire golf tournament . on Friday. (2) Noted that several staff members will be out of the office for the League convention later this week. (3) Noted that he will be attending several meetings this week. (7) Assistant City Manager Brey submitted the following. (1) Stated he will attend the League convention. (2) Noted that at the Parking Commission on Thursday morning, one of the topics of conversation will include acquisition of an additional property for the parking lot on South Bozeman Avenue and the transfer of cash-in-lieu of parking spaces credits from one business to another. (8) City Attorney Luwe and Clerk of the Commission Sullivan indicated that they will be attending the League Convention later this week. (9) Commissioner Youngman submitted the following. (1) Stated that she met with the Chair of the Design Review Board quite some time ago and forwarded the Commissioner . concerns regarding self-review and how to get evaluation forms to applicants. She then noted that the Design Review Board is one of several boards currently encountering problems with obtaining a quorum at their meetings. (2) Noted that at the Recreation and Advisory Board meeting on Thursday evening, she forwarded the Commission's desire for the Board to place a high priority on the development of a master plan for Rose Park, and several questions arose. 10-05-98 - 21 - She noted that one of those questions pertained to clarification of their role; and Mr. Troth cautioned that since approximately 75 percent of that area is in wetlands, the City might anticipate a lengthy review and approval process before construction can be undertaken on the site. . (10) Mayor Stiff expressed concern that last week's agenda meeting was not productive for him because he had difficulty hearing. He then suggested that steps be taken to ensure that those in the room can hear the staff presentation and Commissioner comments. City Manager Johnson noted that, even with the microphones set up on the table, no one was using them. He also suggested that another set of speakers may be needed in the center of the room to gain better coverage. (11 ) Commissioner Smiley stated that she attended a special meeting of the Planning Board at which the regulations on the jurisdictional area were discussed. (12) Commissioner Rudberg submitted the following. (1) Asked that the City Manager attend the upcoming Health Board meeting since she will be out of town. (2) Encouraged the Commissioners to become knowledgeable about two issuesnthe task force on the detention . center and the group working on the drug courtnsince they are important to the entire community. (3) Noted that she has reviewed the various evaluation forms which the Commission has requested, and has marked them up. She then gave them to Commissioner Smiley for incorporation into a new evaluation form for the Clerk of the Commission. Consent Items City Manager Johnson presented to the Commission the following Consent Items. ADDlication for Kennel License - Melissa Vanliere, 402 Greenway. Calendar Year 1998 Denial of aDDlication for Kennel License - Brian Zimmer. 621 South 12th Avenue Claims . Authorize City Manaaer to sian - Release and Reconveyance of Easement from City to Verne and Nancy House - water DiDeline right-of-way easement across Tracts 7. 8. 9. 10 and the north half of Tract 11. Sourdough Hills Subdivision (easement for abandoned clay transmission line) Authorize City Manaaer to sian - AcceDtance of Water PiDeline and Access Easement and Agreement - Peter K. Nelson - 20-foot-wide striD across a Dortion of Tract A. COS No. 391A. Section 1. T2S. R5E. MPM (from interstate to Mandeville Lane behind Skate Palace) 10-05-98 --..---- - 22 - Authorize City Manager to sign - Acceptance of Sewer Pipeline and Access Easement and Agreement - Westland Enterorises, Inc. - 20-foot-wide strip across Lots 11 and 12, Block 15, New Hyalite View Subdivision (cul-de- sac on Cherry Drive) Authorize City Manaaer to sign - Utility Cost Aareement for Sewer Line Improvements with Clark W. Daines, Inc.- participation in oversizing of approximately 1 ,240 feet of sewer main (for Westfield South, Phase II) . Authorize City Manager to sign - Cost Share Aareement for U.S. 191 /Ferauson Road Traffic signal - between City and PC Development, Inc. Authorize Mayor to sign - Findings of Fact and Order - Osterman Minor Subdivision - subdivide 12.11 acres known as Lot 1 A, Minor Subdivision No. 41 A, into five lots for commercial uses (between East Frontage Road and 1-90) (P-9840) Acknowledae receipt of application for annexation - Farmhouse Partners - 6.9046 acres described as Lot 1 A and Lot 3A, Minor Subdivision No. 162A, and Lot 2, Minor Subdivision No. 162 (alona west side of Haaaerty Lane at Ellis Street); refer to staff It was moved by Commissioner Youngman, 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 Youngman, Commissioner Smiley, Commissioner . Rudberg and Mayor Stiff; those voting No, none. Recess - 5:05 p.m. Mayor Stiff declared a recess at 5:05 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled public hearings. Reconvene - 7 :00 P. m. Mayor Stiff reconvened the meeting at 7:00 p.m., for the purpose of conducting the scheduled public hearings. Public hearina - Commission Resolution No. 3259 -Ievyina and assessina garbage assessments . for Fiscal Year 1999 This was the time and place set for the public hearing on Commission Resolution No. 3259, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3259 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING SOLID WASTE COLLECTION FEES, AND LEVYING 10-05-98 -.----. ..-.--- ---.----.-. u. __.., __..._._.__ -.-.-...-- ".--- - 23 - AND ASSESSING A SPECIAL ASSESSMENT UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, UNLESS PROVISIONALL Y EXEMPTED, TO DEFRAY THE COST AND EXPENSE OF COllECTING, REMOVING AND DISPOSING OF SOLID WASTE UNDER THE PROVISIONS OF ORDINANCE NO. 1323, AS AMENDED BY ORDINANCE NO. 1367, OF THE CITY OF BOZEMAN MUNICIPAL CODE. Mayor Stiff opened the public hearing. . No one present to speak in opposition to the proposed resolution. Since there were no Commissioner objections, Mayor Stiff closed the public hearing. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that Commission Resolution No. 3259, levying and assessing garbage assessments for Fiscal Year 1999, be finally adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Smiley and Mayor Stiff; those voting No, none. Public hearina - Commission Resolution No. 3260 - levving and assessing liahting district assessments for Fiscal Year 1999 This was the time and place set for the public hearing on Commission Resolution No. . 3260, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3260 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING MAINTENANCE AND ELECTRICAL CURRENT COSTS FOR SPECIAL IMPROVEMENT LIGHTING MAINTENANCE DISTRICTS OF THE CITY OF BOZEMAN. Mayor Stiff opened the public hearing. No one was present to speak in opposition to the proposed resolution. Since there were no objections, Mayor Stiff closed the public hearing. It was moved by Commissioner Rudberg, seconded by Commissioner Youngman, that Commission Resolution No. 3260, levying and assessing lighting district assessments for Fiscal Year 1999, be finally adopted. The motion carried by the following Aye and No vote: those . voting Aye being Commissioner Rudberg, Commissioner Youngman, Commissioner Smiley and Mayor Stiff; those voting No, none. Public hearing - Commission Resolution No. 3261 - levvina and assessina delinquent garbaae assessments for Fiscal Year 1998 This was the time and place set for the public hearing on Commission Resolution No. 10-05-98 --. ---...- ....-....------- .---------....- .. ..- - 24 - 3261, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3261 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST AND EXPENSE OF . COLLECTING, REMOVING AND DISPOSING OF SOLID WASTE. Mayor Stiff opened the public hearing. No one was present to speak in opposition to the proposed resolution. Since there were no Commissioner objections, Mayor Stiff closed the public hearing. It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that Commission Resolution No. 3261, levying and assessing delinquent garbage assessments for Fiscal Year 1998, be finally adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg and Mayor Stiff; those voting voting No, none. Public hearina - Commission Resolution No. 3262 - levyina and assessina delinauent sewer charges for Fiscal Year 1998 . This was the time and place set for the public hearing on Commission Resolution No. 3262, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3262 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, UNLESS PROVISIONALLY EXEMPTED, TO COLLECT DELINQUENT SEWER CHARGES PLUS COSTS AND EXPENSES INCURRED BY THE CITY OF BOZEMAN, AS PROVIDED FOR IN SECTION 7-13-4309, MONTANA CODE ANNOTATED. Mayor Stiff opened the public hearing. No one was present to speak in opposition to the proposed resolution. Since there were no Commissioner objections, Mayor Stiff closed the public hearing. . It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that Commission Resolution No. 3262, levying and assessing delinquent sewer charges for Fiscal Year 1998, be finally adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Youngman and Mayor Stiff; those voting No, none. 10-05-98 - 25 - Public hearing - Commission Resolution No. 3263 - levving and assessing delinauent snow removal charges for Fiscal Year 1998 This was the time and place set for the public hearing on Commission Resolution No. 3263, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3263 . A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, UNLESS PROVISIONALLY EXEMPTED, TO DEFRAY THE COST AND EXPENSE FOR REMOVAL OF SNOW AND ICE FROM SIDEWALKS IN THE CITY OF BOZEMAN UNDER THE PROVISIONS OF CHAPTER 12.24 OF THE CITY OF BOZEMAN MUNICIPAL CODE. Mayor Stiff opened the public hearing. No one was present to speak in opposition to the proposed resolution. Since there were no Commissioner objections, Mayor Stiff closed the public hearing. It was moved by Commissioner Rudberg, seconded by Commissioner Youngman, that Commission Resolution No. 3263, levying and assessing delinquent snow removal charges for Fiscal Year 1998, be finally adopted. The motion carried by the following Aye and No vote: . those voting Aye being Commissioner Rudberg, Commissioner Youngman, Commissioner Smiley and Mayor Stiff; those voting voting No, none. Public hearing - Commission Resolution No. 3264 - levving and assessing delinauent weed mowina charaes for Fiscal Year 1998 This was the time and place set for the public hearing on Commission Resolution No. 3264, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3264 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONT ANA, TO COLLECT WEED CUTTING OR EXTERMINATING CHARGES PLUS COSTS AND EXPENSES INCURRED BY THE CITY OF BOZEMAN, AS PROVIDED FOR IN SECTION 7-22-4101, MONTANA CODE ANNOTATED AND CHAPTER 8.36 OF THE BOZEMAN MUNICIPAL CODE. . Mayor Stiff opened the public hearing. No one was present to speak in opposition to the proposed resolution. Since there were no Commissioner objections, Mayor Stiff closed the public hearing. It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that Commission Resolution No. 3264, levying and assessing delinquent weed mowing charges for 10-05-98 --.-.- . - - 26 - Fiscal Year 1998, be finally adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg and Mayor Stiff; those voting No, none. . Public hearina - Certificate of ADDroDriateness with deviation from Section 18.50.060.D, to allow proposed wood fence to encroach 25 feet into 35-foot watercourse setback at Alderson Place Condominiums - Nicholas Zelver and Aida Muraa, 131-B East Alderson Street (Z-98155) This was the time and place set for the public hearing on a Certificate of Appropriateness, as requested by Nicholas Zelver and Aida Murga, under Application No. Z-98155, with a deviation from Section 18.50.060.0., to allow a proposed wood fence to encroach 25 feet into the required 35-foot watercourse setback at Alderson Place Condominiums. Included in the Commissioners' packets was a letter from the applicant requesting that this public hearing be continued to October 19, since he is out of town. Mayor Stiff opened the public hearing. Senior Planner Dave Skelton stated that during the requested continuance, staff will have . the opportunity to review the records for approval of the Alderson Place Condominiums, in light of questions which have been raised. He then cautioned that the staff may not have this process completed by October 19, so an additional continuance may be sought. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that this public hearing be continued to October 19, per the applicant's request. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Youngman and Mayor Stiff; those voting No, none. Public hearina - Zone MaD Amendment - Genesis Partners. 1.1.C.. for Paul Boylan Estate - amend the zonina desianation from "AS" to "R-O" on Tract 2A, cas No. 1969, located in the NYz, NE ~, Section 23, T2S, R5E, MPM (32.4 acres aDDroximately ~ mile west of intersection of South 19th Avenue and Stucky Road) (Z-98108) . This was the time and place set for the public hearing on a Zone Map Amendment from "AS", Agricultural Suburban, to "R-O", ResidentialnOffice, as requested by Genesis Partners L.L.C., for the Paul Boylan Estate, under Application No. Z-98108, on a 32.4-acre parcel described as Tract 2A, Certificate of Survey No. 1969, located in the North one-half of the Northeast one-quarter of Section 23, Township 2 South, Range 5 East, Montana Principal 10-05-98 . ____ _____ u_ - 27 - Meridian. The subject property is more commonly located along the south side of Stucky Road, approximately one-quarter mile west of its intersection with South 19th Avenue. Senior Planner Skelton presented the staff report, reminding the Commission that a zone map amendment does not include any specific proposal for development. He then distributed . copies of a memo from him to City Attorney Luwe regarding the written testimony which has been received and a summary of his analysis of that input. The Senior Planner noted the property is currently vacant and is in agricultural use. He characterized the site as having no topographical issues, such as designated streams or ditches. The land use planning element in the 1990 Bozeman Area Master Plan Update designates this area as urban residential, and the property lies within the service boundary and urban growth area although it is outside city limits. Senior Planner Skelton stated that staff has reviewed this application in light of the twelve criteria set forth in the State statutes, and the staff's comprehensive findings are contained in the written staff report, which has been distributed to the Commission. He noted that during the public hearing before the City-County Planning Board, which was held on . September 15, a number of issues were raised by residents in the area. He noted that many of those issues are to be addressed in the subdivision process rather than the zoning process. He then noted that, following the public hearing and consideration of the criteria and staff's findings, the Planning Board forwarded a recommendation for approval of the application. He noted that the Planning staff's recommendation was unfavorable; however. the Board determined that the issues and concerns raised in the report can be adequately addressed and resolved. The Senior Planner highlighted his analysis of the public comment received regarding this zone map amendment, concluding that less than 20 percent of the adjoiners and property owners within 150 feet of the subject site have protested the requested rezoning, so a super~ majority is not required for approval of the zone change. . Mr. Mark Amunrud, 50 Sundance Trail, distributed information supporting the requested zone change, noting that Bridger Systems, Inc., a software development company, and Right Now Technologies, an interactive web assistance company, are new and rapidly-expanding companies which need new locations for continued rapid expansion. He characterized the companies as providing good jobs, and noted their desire is to make the community more 10-05-98 -- - --- -- --- -- -- ---- - 28 - attractive. He also noted that they wish to work in a pristine environment; and they are the type of businesses that generate little traffic or impact on an area. He reviewed the ownerships and uses of the surrounding properties, noting that Grace Bible Church owns the property to the east and Hope Lutheran Church owns the property to the east and the south. He also . stressed that this property is located within the sewer service boundary and the urban growth area boundary. Mr. Amunrud noted that this property is not located in a high traffic area, although it is easily accessible, and it provides a nice setting on which a campus type development could be constructed. He characterized this application as being in compliance with the master plan. He also noted that this parcel is located between a commercially zoned parcel and a residentially zoned parcel, and he feels the proposed "R-Q" zoning would provide a desirable buffer between the two. Mr. Amunrud addressed some of the issues and concerns raised during the Planning Board hearing. He recognized that no City services are available at this time. He noted, however, that two engineering firms have reviewed the site and submitted favorable reports . for an on-site system. He then addressed the fact that this proposed change would take some viable agricultural land out of agricultural use. He reminded the Commission that this property is located within the urban growth area, which means that it is anticipated to develop within the next twenty years. He then noted that, between the two companies seeking this rezoning, they need a total of fifteen acres; and three other companies have approached them about relocating to this property as well. He noted that this type of land area is not available within city limits, and this is the only parcel they have found at an affordable price. He then stressed that they have requested the "R-Q" zoning designation so they can construct a campus type professional office development, not a dense housing development. Mr. Clair Daines, 41 Hitching Post Road, stated that, due to litigation, there will be no more development in the Technology Park for quite some time, and that significantly limits the . areas in which this type of business might locate. He noted that affordability is an important issue for start-up companies, and alternatives to this proposed site include relocating to Belgrade. He concluded by encouraging Commission approval of this application, stating he feels the requirements imposed by the State's Water Quality Bureau will ensure that an on-site septic system does not negatively impact the area. 10-05-98 --......-----..-- -- ------ ..------ - 29 - Mr. Greg Gianforte, 1320 Manley Road, Right Now Technologies, stated he hired his first employee in February; he now has fifteen employees; and he anticipates continued rapid growth. He stressed the need for a location in which he can expand, stating his preference for a campus environment. He concluded by encouraging Commission approval of this requested . rezoning, noting a willingness to connect to City services as soon as they become available. Mr. Tom Kallenbach, Fluidyne Engineering, noted significant concern has been voiced about groundwater and possible contamination. He stated that, between the Planning Board meeting and this meeting, he has done some detailed investigation on the site and found that the water table is shallower on the west side of the property than on the east side. He noted that he also tested an aquifer to determine its character, and he has sent a sample off for analysis. He stressed the wastewater system he has proposed for the site will provide highly treated effluent without impacting the groundwater in the area, and it will be sized to accommodate the type of professional office development being proposed. He noted that this will significantly limit the type of development that can occur on the site, precluding the possibility of high-density residential development. . Mr. Lloyd Mandeville, 1001 Woodland Drive, real estate agent representing this property, characterized Mr. Paul Boylan as a visionary, noting that in conversations prior to his death, he envisioned the type of development currently being proposed. He then stated that conversations with an appraiser confirmed his assessment that this land would be more valuable for office development than for high-density residential development. He concluded by forwarding his strong support for the proposed rezoning and encouraged Commission approval. Mr. Peter Aven, 109B Mcintosh Court, employee of Right Now Technologies, stated he is a computer professional. He stated his support for this application, noting it provides an employment opportunity for those who wish to remain in Bozeman. Mr. Marshall Bennett, 5532 Stucky Road, stated he has no objection to the proposed . rezoning. He characterized this as a quality proposal that would be more desirable than some of the alternatives. Ms. Bobbi Turnquist Clem, Strategies 10, stated she and her husband operate one of the companies that would like to relocate to this site. She noted that their high tech company has been growing that the rate of 200 percent per year, and they currently employ 8 MSU 10-05-98 ---.-- - ~ 30 ~ graduates. She concluded by encouraging Commission approval of this application, noting there are few places where this type of business can successfully locate. Mr. Bill Haff, 22 Hitching Post, employee of Right Now Technologies, stated he and his wife looked for good jobs in Bozeman for six years prior to relocating. He concluded by . encouraging Commission approval. He Mr. David Barbison, 1845 Mount Ellis Lane, stated he is an adjacent landowner. stated this proposed rezoning fits with the master plan and encouraged approval. Mr. Herb Richards, 415 South Willson Avenue, spoke on behalf of the Grace Bible Church. He stated the church has no objection to the proposal and, in fact, feels it will benefit to general area. Mr. Dave Crawford, 218 Lindley Place, spoke in support of the application, stating he feels that with the type of people involved in this project, a high quality development can be assured. Mr. Jeff Moore, 319 North Church Avenue, employee of Right Now Technologies, encouraged Commission approval. . Mr. David Belote, 2220 West Main Street, stated that a job with a quality software company has allowed him to remain in Bozeman, where he can enjoy the scenery while using his skills. Mr. Simon Hale, 183 Willow Boulevard, stated support for the proposed rezoning, noting that it will provide an opportunity for growth for an innovative and flexible type of business which poses little risk to the environment. Mr. Marcus Bragg, 1204 Woodland Drive, encouraged approval of the application, noting it could provide an opportunity for MSU students to remain in Bozeman after graduation. Ms. Renee Gavin, 4929 Fowler Lane, stated that, as a business owner, she supports and encourages entrepreneurs. She also recognizes the critical role that an attractive location can play in the success of a business; however, she has significant concerns about this specific . proposal. She noted it is just twenty days since she saw the first notification in the newspaper about this proposed rezoning and, as a result of the Planning Board meeting, it is clear there are many concerns about this proposal. She also noted that the Planning Board has overridden staff's recommendation and is forwarding a recommendation for approval. 10-05-98 - 31 - Ms. Gavin noted that during the Planning Board hearing, concerns and questions were raised over compliance with the master plan, residential development, high groundwater and traffic impacts. She questioned whether offices and possibly high-density, multi-family residential development are appropriate in this agricultural area. She noted there is skepticism . among the residents in the area about what will be developed on this parcel. She cautioned that once the property is rezoned, there is no guarantee the plans forwarded at this time will become a reality, and questioned whether the Commission wishes to encourage land speculation with no guarantees and no predictability. She suggested it is premature to change the zoning while questions about the traffic impacts remain unresolved. Ms. Gavin noted that the City and the County are currently wrestling with complex policy issues, including open space, the "donut" area and impact fees. She questioned what harm would come from delaying the decision on this application in light of the fact that jurisdiction over this parcel could transfer from the City to the County. She also questioned the wisdom of allowing urban density development without City services. Ms. Gavin stated her objection to this proposed zone map amendment because it does . not meet the criteria. She also characterized it as a major change in an agricultural corridor that is inconsistent with existing uses. She stated that when she canvassed the 22 landowners in Sections 22 and 23, she found that 14 landowners, or 82 percent, were opposed to the proposed rezoning; and many of those landowners have written letters, signed a petition of opposition, or are present at this meeting. She then suggested that the Commission delay action on this item until a full Commission is present. Mr. William Gavin, 4929 Fowler Lane, stated that he voiced his concerns at the Planning Board meeting; however, his comments were erroneously interpreted as support for this application. He stressed that he is definitely opposed to this zone map amendment. Mr. Gavin stated he is a geologist, and he is concerned about the extremely high groundwater along Stucky Road between South 19th Avenue and Cottonwood Road. He noted . that the water in his wells for watering animals is at or near the surface at certain times of the year, and the area contains a significant amount of hydric soil, which is indicative of wetlands. Mr. Gavin noted that Stucky Road becomes nearly impassible in the spring because of the frost heaves and high groundwater. He also expressed concern about the idea of increased traffic on this road. He noted calculations by the Planning staff indicate that under the 10-05-98 -----.--.-.-....---..---.--...-....- .--------.. - - 32 - rezoning, 648 dwellings could be constructed on this subject property. He further noted that the change in zoning would set a precedent for additional development along Stucky Road, which he feels would be improper. He concluded by encouraging the Commission to not approve this application. . Mr. Harvey Welch, 4840 Fowler Lane, stated it has only been twenty days since notice of the rezoning, and he is concerned about the leapfrogging impact that could result from approval of this application and the potential lawsuits that may result from either approval or disapproval of similar requests in the future. Mr. Welch suggested that Mr. Boylan's vision for his property was a small country church, not the "world's largest church". He also noted that the property has produced two crops of hay and pasture for cows for many years. He then questioned where the water will come from for the pond and the trout that have been proposed by the applicants. He concluded by forwarding his opposition and suggested that the Commission delay its decision until spring and look at the water table before making a decision. Ms. Chris Seifert, 5700 Fowler Lane, stated she is concerned about the water and . proposed sewer. She stated she does not object to business, but she is concerned about the road, which is in terrible shape and which has water running across it is the spring. Mr. John Cole stated he lives at the corner of Fowler Lane and Blackwood Road, and he learned of the proposed rezoning only twenty days ago. He noted that much of the area has been divided into 20-acre and 40-acre parcels. He stated that the groundwater is very, very high, as evidenced by the water that runs from south to north. He also noted that on the north side of the road there is a natural sump area; and the County has laid a plastic mat to keep the road from buckling. He indicated that many people from the south and the west use Stucky Road to avoid US Highway 191; a stop light is needed at the intersection of South 19th Avenue and Stucky Road; and the problem will only be compounded with additional traffic. He concluded by encouraging the Commission to not make a decision tonight, but to take a few . months to review the site and study the issues. Mr. Andy Dana, 107 Sourdough Ridge Road, stated he is a local attorney and submitted a letter in opposition to the requested zone map amendment. He expressed concern about the possibility of disregarding the master plan, which has been developed over many years, to meet the economic preferences of a developer. He suggested that approving this request could 10-05-98 . ...- .-.--.--.------ ...-.---.--- .---------.-..- - ._.___ ..n - 33 - result in spot zoning, particularly since there is no connection between this parcel and other areas that allow commercial development. He noted that the staff report identifies four areas in which this application does not meet the criteria contained in the State statutes. He further noted that the community has acknowledged a need for open space protection, and this . proposal does not accomplish that. He concluded by suggesting that the applicants are speculating, and he feels it would set a bad precedent to approve this requested rezoning. Mr. Harold Lindvig, 6767 Fowler Lane, stated he has lived in this area his entire life, and he deals with the water situation on a daily basis. He concluded by encouraging the Commission to delay action on this application until they have had time to more fully study the request, stating he opposes it at this time. Responding to Commissioner Rudberg, Mr. Kallenbach stated that, before a sanitary sewer system can be installed, it must go through reviews and approvals by a number of agencies, including the local health department, the DNRC, Army Corps of Engineers and Montana Department of Environmental Quality. He also noted that the Fire Department, County Road Department, Conservation District and Department of Fish, Wildlife and Parks will have . opportunities to review this application to ensure that any identified impacts are mitigated. Mr. Kallenbach recognized that there are limitations for the installation of a septic system in this area. He noted, however, that the wetlands are scattered along Stucky Road, and he feels there is adequate space on the site in which to locate a system without negatively impacting the area. He then suggested that, with the natural limitations on development of the site, he feels this proposed rezoning is appropriate. Further responding to Commissioner Rudberg, Mr. Kallenbach stated that his firm has installed a sewer system in Madison County similar to the one he has proposed for this site, and a similar system is also to be installed for the Valley Ice Garden development which has recently been approved. He stressed that these systems are sized for the developments proposed, and the system to be installed on this site would not accommodate the type of . residential development which has been referenced by residents of the area. He then indicated that the system he has proposed would ensure a separation is provided between the effluent from the treatment system and the groundwater on the site. Responding to Mayor Stiff, Mr. Kallenbach stated that if the groundwater is closer than four feet, an on-site system cannot be considered. He noted, however, that with treatment, 10-05-98 -.-.------ .._.,---'----'---~-.- -- - 34 - the applicant could apply for and receive a surface water discharge permit. Responding to Commissioner Youngman, Mr. Kallenbach stated that the hydric soils on the site do impose some limitations; however, he indicated that with the appropriate techniques, those limitations can be addressed. . Responding to Mayor Stiff, Senior Planner Skelton confirmed that the request for rezoning must be considered on its own merits, and the proposed development of the site is not one of the items to be considered. He further cautioned that a rezoning may not be conditionally approved. Commissioner Youngman stated she is struggling with the fact that "R-Q" is an urban designation and the subject parcel lies outside city limits. Responding to questions from Commissioner Youngman, Senior Planner Skelton stressed the importance of considering only the rezoning request. He further stressed that the specific application, the type of development and the addition of jobs are not issues to be considered. He noted that when the applicant originally began discussing the development of this site with staff a few months ago, the intent was to construct two or three buildings on this parcel and, . while staff recognized that might be an appropriate level of development for the area, the existing zoning would not allow it. He then reminded the Commission that staff's recommendation was unfavorable; and stressed that it is staff's duty to provide a professional recommendation which is then considered by both the City-County Planning Board and the City Commission. He noted that staff does not feel the proposed "R-Q" zoning is appropriate at this time but, in time, it will be. Further responding to Commissioner Youngman, the Senior Planner stated that the "R-S" zoning with a planned unit development would not allow the type of development density that has been proposed. He then stated that there is limited "R-Q" zoned land in the community. He noted that in this instance, the subject property is inside the urban growth boundary, but it is being proposed for development prior to infrastructure being extended to the area. He . reminded the Commission that in other instances, including Billion Plaza, on-site systems designed to later connect to City services have been approved. Responding to Mayor Stiff, the Senior Planner stated the zoning cannot be phased or approved in pieces. He noted, however, that development of the parcel could be phased once the zoning for the entire 32.4 acres is approved. 1 0-05-98 - 35 - Responding to Commissioner Rudberg, Planning Director Epple stated that, because of the size of this parcel, he does not believe approval of this application could be construed as spot zoning. Senior Planner Skelton noted there has been extensive discussion about hydric soils and . wetlands, both of which are issues to be considered in future processes. He then stated no significant wetlands have been identified to date, and the intermittent ditch which runs through the property is not an identified watercourse. He reminded the Commission that wetlands and high groundwater are common throughout the community, not just in this area. He concluded by noting that a zone map amendment does not need to meet all twelve criteria established in State statutes to be approved. Responding to Commissioner Smiley, City Manager Johnson stated the signalization of the intersection of South 19th Avenue and Kagy Boulevard is listed in the 1999 capital improvement program. Commissioner Rudberg stated that, because of the potential that jurisdiction of the "donut" area will be transferred to the County within the next few months, she discussed this . application with County Commissioners Bill Murdock and Phil Olson, and both of them supported the rezoning. Break - 9:13 to 9:20 p.m. Mayor Stiff declared a break from 9: 13 p.m. to 9:20 p.m., in accordance with Commission policy. Public hearing (continued) - Zone Map Amendment - Genesis Partners. L.L.C.. for Paul Boylan Estate - amend the zoning designation from "AS" to "R.Q" on Tract 2A. CQS No. 1969. located in the N %. NE Y4. Section 23, T2S. R5E. MPM (32.4 acres approximately Y4 mile west of intersection of South 19th Avenue and Stucky Road) (Z-98108) Senior Planner Skelton noted that, since this property lies outside city limits, the . Commission will not see the subdivision application and will probably not see any proposals for development. Mayor Stiff suggested that, in light of the importance of this decision and since one Commissioner is absent, this public hearing be continued until a full Commission is present. 10-05-98 ~ 36 - Following discussion, a majority of the Commissioners indicated support for the Mayor's suggestion and agreed that the public hearing should be continued to October 26, with any written comments to be submitted to Clerk of the Commission prior to that meeting. It was moved by Commissioner Rudberg, seconded by Commissioner Youngman, that . the Commission continue the pUblic hearing to the afternoon meeting on Monday, October 26, 1998. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Youngman, Commissioner Smiley and Mayor Stiff; those voting No, none. Adjournment - 9:40 C.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Rudberg, Commissioner Smiley and Mayor Stiff; those voting No, none. . ~<L7#. -4# ATTEST: AL M. STIFF, Mayor (2t ~~~ ROBIN L. SUlliVAN ~ Clerk of the--C~~S~j_9w - - --- "- - -".,~- - .~. - - .. -- ---~- - - ~,-- ,._-~ . . - . .. ...... .. ..."~ ~ -.:..:=-: ._-"'~~. ;~ .- . 10-05-98 ---------