HomeMy WebLinkAbout1998-09-21 Minutes, City Commission
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
September 21, 1998
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. The Commission of the City of Bozeman met in regular session in the Commission
Room, Municipal Building, Monday, September 21, 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.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
None of the Commissioners requested that any of the Consent Items be removed for
discussion.
Minutes - Ami I 6, 1998, June 1, 1998, June 8, 1998, June 15, 1998, June 29, 1998,
September 8, 1998 and September 14, 1998
It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the
. minutes of the meetings of April 6 and September 14, 1998, be approved as amended. The
motion carried by the following Aye and No vote: those voting Aye being Commissioner
Smiley I Commissioner Rudberg, Commissioner Frost, Commissioner Youngman and Mayor Stiff;
those voting No, none.
Mayor Stiff deferred action on the minutes of June 1, June 8, June 15, June 29 and
September 8 to a later date.
Reauest for modifications to previously approved preliminary plat for Willowbrook Condominium
Subdivision, to modify Condition Nos. 6 and 19 to allow for continued construction of units
prior to the completion of West Beall Street and North 25th Avenue (P-9510A) (ACE)
This was the time and place set for consideration of a request for modifications to a
. 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.
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City Manager Johnson requested that the Commission continue this item to October
5, to give the Planning staff an opportunity to forward information from the City-County
Planning Board hearing.
Commissioner Rudberg expressed concern about delaying action on this application,
. particularly since it was reported in the newspaper that the Planning Board recommended
approval on a unanimous vote.
It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the
review of this application be continued to October 5 to give Planning staff an opportunity to
forward the Planning Board's recommendation. The motion carried by the following Aye and
No vote: those voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner
Youngman, Commissioner Smiley and Mayor Stiff; those voting No, none.
Reauest for modifications to oreviously aooroved preliminary olat for Harvest Creek Subdivision,
Phases I through IV to subdivide aooroximately 70 acres located in the SW 1/4. Section 2.
T2S. R5E. MPM, into 230 sinale-family residential lots (lYing between Durston Road and West
Oak Street. aooroximately one-quarter mile west of Emily Dickinson School) (Z-9762A) (DS)
. This was the time and place set for review of the proposed modifications to the
preliminary plat for Phase I through IV of the Harvest Creek Subdivision. as requested by
Homelands Development, Co., L.L.C.,
under Application No. Z~9762A, to subdivide
approximately 70 acres located in the Southwest one-quarter of Section 2, Township 2 South,
Range 5 East, Montana Principal Meridian. into 230 single-family residential lots. The subject
property more commonly lies between Durston Road and West Oak Street, approximately one-
quarter mile west of Emily Dickinson School.
Senior Planner Skelton presented the staff report. He stated that, because of the
extensive changes between the previously approved preliminary plat and this application, staff
has reviewed it as a new application. He noted that under this application, 230 lots for single-
family residential units will be created on slightly under 70 acres, instead of the 85 acres
. previously proposed. He then identified the areas in which this application differs from the
previous application. He noted that the size of the proposed park as been reduced from 3.84
acres to approximately 3 acres. He stressed that, when combined with the linear park acreage,
the parkland dedication for this subdivision will exceed the minimum dedication requirements.
He also noted that the park area is to be relocated to the center of the overall subdivision,
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where it will be more accessible to the western phases of the subdivision. He indicated that
the lot sizes have also been reduced from the previously proposed lots which ranged up to
12,000 and 14,000 square feet in size to the 7,400 to 8,400 square foot range, with 48 lots
in the northeast corner of the subdivision being reduced to approximately 6,100 square feet
. in size to further encourage affordability. He stressed that none of the lots within the proposed
subdivision will be under the 6,000 square foot minimum for the "R-2a" zoning district.
Senior Planner Dave Skelton stated that the Planning staff has reviewed this application
in light of the twelve criteria established in the Montana Code Annotated, and the staff's
comprehensive findings are contained in the staff report which was
included in the
Commissioners' packets. He noted that the City-County Planning Board conducted its public
hearing on this preliminary plat at its October 1 meeting. Following the public hearing and
consideration of pUblic input, the twelve criteria and staff's comments and recommendations,
the Planning Board concurred with staff's recommendation for approval, subject to 43
conditions. He then drew the Commissioners' attention to Condition Nos. 30 and 39. He
noted that under Condition No. 30, the Recreation Superintendent has asked that the parkland
. be improved in conjunction with the first phases of the subdivision, but the applicant has
indicated a preference for improving the parkland in conjunction with later phases. He noted
that under Condition No. 39, the Recreation and Parks Advisory Board has suggested that the
traffic calming devices and pedestrian access to the linear park be moved to the south to
provide a link between the parkland and the linear trail. He suggested that the Commission
may wish to further modify this condition to eliminate the option for a variance to the block
length requirements in the code, to remain consistent with its previous approval of this
subdivision.
Responding to Commissioner Frost, the Senior Planner noted that the Engineering
Department has indicated it prefers that neither striping or different materials be used on
Hunter's Way to identify the pedestrian link to the linear park. As a result, even though the
. issue was discussed at the Planning Board, the Board did not recommend this as a condition.
Mr. Tim Howard, representing Homelands Development Co., noted that when the
previous preliminary plat was considered in April, the issue of lot sizes was raised and, until
that time, he did not realize that it would become an issue. He noted that after the public
hearing and approval, he met with Commissioner Youngman and the Community Affordable
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Housing Advisory Board regarding ways to reduce housing costs and, subsequent to that
meeting, he submitted a letter and attended a work session at which various ways to reduce
housing costs were discussed. He then stated that he also considered various ways to reduce
costs in this subdivision without going through a full redesign. As a result, he noted that the
. streets remain in the same locations and at the same widths, but the lots have been
successfully reduced in size and the opportunity to move the park to a more central location
has arisen.
Mr. Howard stated that he feels improvement of the parkland at this time does not
make sense. He stressed that access to the park will not be available for some time. He also
noted that the final grade of the park will not be known until future phases have been designed;
and development of those phases could result in tearing up significant portions of any
improvements that may be installed at this time. he then concluded by requesting Commission
approval of this revised plat.
Responding to Commissioner Rudberg, Mr. Howard indicated he has no problem with
Condition No. 39 as revised to reflect the changes recommended by the Planning Board or
. elimination of the reference to a variance.
Commissioner Frost stated that, while he appreciates the redesign of the preliminary
plat and feels it results in a better subdivision, he will vote against it because, without full
impact fees he cannot support any new residential subdivision.
Commissioner Youngman thanked the developer for the redesign, noting that it is
responsive to the concerns expressed by both the Commission and the community.
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the
Commission approve the proposed modifications to the preliminary plat for Phase I through IV
of the Harvest Creek Subdivision, as requested by Homelands Development, Co., L.L.C., under
Application No. Z-9762A, to subdivide approximately 70 acres located in the Southwest one-
quarter of Section 2, Township 2 South, Range 5 East, Montana Principal Meridian, into 230
. single-family residential lots, subject to the following conditions:
1 . The developer is advised that the subject property is in the SID No.
621 (sewer) Far West Payback Area. The complete payback for each
phase will be required prior to final plat approval for that phase.
2. All infrastructure improvements required for each phase of the
development including water and sewer main extensions, public
streets, curb and gutter, sidewalks fronting parks, open space or other
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non-lot frontages and
related storm drainage i nfrastructu re
improvements shall be constructed or financially guaranteed prior to
final plat approval for each phase. No building permits for any phase
of development will be issued prior to City of Bozeman acceptance of
said infrastructure improvements for that phase. The water, sanitary
sewer, storm sewer and street improvements to be constructed with
each phase shall include but may not be limited to those indicated on
the Harvest Creek Phasing Schedule submitted with the preliminary
. plat. Should the actual phasing of the subdivision occur in a sequence
different from that
indicated in the schedule submitted,
the
infrastructure improvements required to be in place prior to filing of
the final plat for the new phases shall be reviewed and approved by
the City Engineering Department.
3. Stormwater Master Plan:
A Stormwater Master Plan for the subdivision for a system designed
to remove solids, silt, oils, grease, and other pollutants from the runoff
from the private and public streets and all lots must be provided to
and approved by the City Engineer.
The master plan must depict the maximum sized retention/detention
basin location, and locate and provide easements for adequate
drainage ways within the subdivision to transport runoff to the
stormwater receiving channel. The plan shall include sufficient site
grading and elevation information (particularly for the basin sites,
drainage ways, and lot
finished grades), typical stormwater
retention/detention basin and discharge structure details, basin sizing
calculations, and a stormwater maintenance plan.
. Any stormwater ponds located within park or open space shall be
designed and constructed so as to be conducive to the normal use and
maintenance of the park or open space. Storm water ponds shall not
be located on private lots.
Hydraulic calculations and design for the Harmon ditch must be
provided and shall take into account upstream and downstream
culvert capacity as well as the fact that the Farmers Canal Company
may use the ditch as a blow~off at any time and without notice. A
hydraulic profile will be required for the water course to determine the
100 year high water elevations along the channel. Finish floor
elevations above the 100 year flood elevations shall be established on
the final plat.
Detailed review of the final grading and drainage plan and approval by
the City Engineer will be required as part of the infrastructure plan and
specification review process.
4. Stream & Ditch information:
a. The comments of the Montana Department of Fish,
. Wildlife and Parks (FWP), shall be incorporated into
the design of the stream realignment as outlined in
their letter of November 3, 1997.
b. All permits
required by other agencies having
jurisdiction (i.e. 310, 404, Turbidity exemption, etc.)
shall be obtained
by the applicant and
copies
provided to the Planning Office prior to approval of
the related plans and specifications or construction of
the intended work.
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c. In accordance with
Chapter 16.14.130 of the
subdivision code, any water course determined by
FWP to be a stream or a ditch/stream shall be
provided with a 35' minimum building set back from
either side of the water course high water mark
which shall be delineated on the final plat. The
set
back must account for any channel meandering.
. d. 20 foot maintenance easements shall be provided for
all ditches in the subdivision in accordance with
Chapter 16.14.050.
5. The location of and distinction between existing and proposed sewer
and water mains and easements need to be clearly depicted, as well
as all nearby fire hydrants and proposed fire hydrants.
6. The developer's engineer shall prepare a comprehensive design report
evaluating existing capacity of water and sewer utilities. This report
shall accompany the
plan and specification submittal for
the
subdivision infrastructure. The
report must include hyd ra u lie
evaluations of each utility for both existing and post-development
demands. The report findings must demonstrate adequate capacity
to serve the full development. If adequate water and/or sewer
capacity is not available for full development, the report must identify
necessary water system and sewer system improvements required for
full development. The Developer shall be responsible to complete the
necessary system improvements to serve the full development.
The comprehensive design report required must address the fact that
this subdivision will be in the new north pressure zone and shall also
. address the following:
The number of persons per dwelling unit used for
design purposes in the City of Bozeman is 2.54 as
opposed to 2.5.
Minimum pipe diameter for water mains in the City
shall be 8 inch unless otherwise approved by the City
Engineer and Water and Sewer Superintendent.
7. Plans and specifications for the water and sewer main extensions
prepared by a Professional Engineer (PE) registered in the state of
Montana shall be provided to and approved by City Engineer for each
phase of the development. Water and sewer plans shall also be
approved by the Montana Department of Environmental Quality. The
applicant shall also provide professional engineering services for
construction inspection, post-construction certification and preparation
of mylar record drawings. Construction shall not be initiated on the
public infrastructure for any phase until the plans and specifications
for that phase have been approved by the City Engineer and a pre-
construction conference for that work has been conducted. Water
. mains shall be fully looped with each phase of development.
8. All proposed water and sewer mains in shall be extended to the
property or phase lines to adequately accommodate future extensions
and/or looping. Should installation of infrastructure necessary for any
phase of the development require cutting North 27th Avenue or Oak
Street, a full overlay of the entire street adjacent to the subdivision
will be required.
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9. With respect to the developer's intentions regarding the financing of
the 15-inch sewer main as outlined in the preliminary plat submittal,
the owner/applicant is advised that at a minimum they are responsible
for the full cost of installing the minimum pipe size diameter needed
to serve the development, which may not be less than 8 inches in
diameter (irrespective of the capacity required). Any oversizing cost
share agreement must be approved and executed
by the City
Commission prior to initiation of any construction of the sewer main
. extension. The agreement shall define the terms under and the extent
to which the City will participate in the payback of the oversized
portion of the main. The final amount paid by the City will be based
on the actual bid prices obtained and quantities installed by the
developer.
The City will pay only for the cost difference between the main size
needed to serve this development and the 15-inch master planned
sewer main. The calculations and assumptions used to establish the
main size required by the development shall be submitted to and
approved by the City Engineer.
10. Water and sewer mains shall be installed a minimum of six (6) feet
clear horizontal distance from all proposed curb and gutter unless
otherwise approved by
the City Engineer and Water/Sewer
Superintendent.
11 . A detailed traffic impact analysis prepared by a qualified traffic
engineer registered in the State of Montana shall be provided to and
approved by the City Engineer. The report shall address existing and
projected traffic volumes on all internal and perimeter streets and level
. of service evaluations at the following intersections: Ourston Road /
North 19th Avenue and Oak Street/North 19th Avenue. The report
must specifically address the Level of Service (LOS) under existing and
proposed development for all movements at those intersections and
demonstrate what improvements would be required to maintain LOS
C for all movements as well as the timing of those improvements. The
report shall also include recommendations for any necessary off-site
roadway improvements. The Traffic Impact Analysis submitted with
the preliminary plat is identified as a "Draft". It is the "Final" Traffic
Impact Analysis which must be submitted to and approved by the City
Engineer.
12. As stated in Chapter 16.18.050 D. 7. of the Subdivision Code, the
design objective for intersection operation shall be level of service "C"
and ".. .under no conditions will less than level of service "0" be
accepted for site operations.
Arterial intersections and turning
movements shall operate at level of service "C" ". Therefore, all
improvements necessary to provide a level of service "C" at the
intersections directly impacted by any phase of this subdivision, as
identified by the traffic impact analysis, shall be in place prior to filing
of the Final Plat for that phase. The final character and configuration
of the required improvements must be approved by the City Engineer
. as part of the Plan and Specification review process. The final plat for
Phase I may not be filed until the improvements necessary to raise the
level of service at the intersection of Durston Road and 19th Avenue
to level of Service C are designed and constructed or financially
guaranteed as part of an improvements agreement with the City of
Bozeman. Pursuant to City Code, no building permits may be issued
until those improvements have been completed, inspected and
accepted by the City Engineer. As stated in Chapter 16.18.050 D.7.
of the Subdivision Code, the design year to be used for those
improvements is 15 years.
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13. Plans and specifications for the
public streets and intersection
signalization improvements, including curb, gutter and sidewalk and
related storm drainage infrastructure improvements, prepared by a
Professional Engineer (P.E.) registered in the state of Montana shall be
provided to and approved by the City Engineer for each phase of the
development. In addition, the required intersection improvements shall
be designed by a qualified traffic engineer. The street improvements
which are required to be in place for each phase of development shall
. be those described in the approved Traffic Impact Analysis and the
Harvest Creek Phasing Schedule submitted with the preliminary plat
and as further specified in these conditions. The applicant shall also
provide professional engineering services for construction inspection,
post-construction certification and
preparation of mylar record
drawings. Construction shall
not be initiated on
the public
infrastructure for any phase until the plans and specifications for that
phase have been approved by the City Engineer and a pre-construction
conference for that work has been conducted.
14. Block lengths shall be designed to comply with the requirements of
16.14.030 of the Bozeman Area Subdivision Regulations unless a
deviation or variance is granted by the governing body, i.e.,
block
length shall not be designed to be more than 1200 feet or less than
400 feet unless otherwise approved by the governing body.
15. The applicant shall document all utility obstructions/conflicts and
address their impact on the Oak Street and North 27th Street
alignments. The recommended timing of the improvements to Oak
Street and North 27th Avenue shall be included in the final traffic
impact analysis and Harvest Creek Phasing Schedule, both of which
. must be approved by the City Engineer. Detailed design of the
intersection of Oak Street and North 27th Avenue shall be reviewed
and approved by the
City Engineer as part of the
plan and
specification review process for Phase III.
16. Construction of city standard sidewalks one foot from the property
line and adjacent to Durston Road will be required prior to final plat
approval for each phase abutting Durston Road.
17. Where project phasing results in dead end streets, temporary cul-de-
sacs shall be designed and constructed with each phase. A 50 foot
radius temporary easement must be obtained and filed with the
County Clerk and Recorder's Office. The actual temporary cul~de-sac
shall be of gravel construction and a have a minimum finished surface
of 35 foot radius.
18. Easements for the water and sewer main extensions shall be a
minimum of 30 feet in width, with the utility located in the center of
the easement. In no case shall the utility be less than 10 feet from
edge of easement. All required easements shall be provided prior to
final plat approval and shown on the plat. Any easements located
outside the subject property shall be provided prior to approval of the
. plans and specifications for the utility located within the subject
easement.
19. All sewer manholes located outside of an improved surface shall be
made accessible for maintenance purposes by constructing a 12 foot
wide, all weather access road capable of supporting the City's
maintenance equipment.
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20. All existing easements shall be correctly shown on the preliminary
plat. Any existing easements which are to be abandoned, must be
abandoned prior to filing of the final plat for Phase I of the subdivision.
21. That the applicant install stop signs at all intersections with county
maintained roads prior to final plat approval.
22. That the applicant obtain encroachment permits from the County Road
. Office for all accesses on county maintained roads.
23. That a one foot wide "No Access" strip be delineated and noted on
the final plat for all lots fronting onto Durston Road prior to final plat
approval.
24. That the applicant execute at the Gallatin County Clerk & Recorder's
Office a waiver of right-to-protest creation of future R.LO.'s prior to
final plat approval.
25. That the applicant improve Durston Road at all intersections will local
subdivision streets for this development, as well as the North 19th
Avenue intersection.
26. That the final plat shall comply with Section 16.10.030 of the
Bozeman Area Subdivision
Regulations, and shall include
all
appropriate documents, certificates, and be accompanied by all
appropriate documents, including a Platting Certificate. Two mylar
and two cloth back 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 floppy disk.
. 27. That the applicant obtain Montana Department of Environmental
Quality approval of the subdivision prior to final plat approval pursuant
to Section 16.16.101 through 16.16.805 A.R.M.
28. That all references on the preliminary plat and final plat for the
proposed major subdivision
be referred to as "Harvest
Creek
Subdivision, Phase I-IV".
29. That the applicant execute at the Gallatin County Clerk & Recorder's
Office documents for the creation of a home owner's association,
containing protective covenants,
restrictions and articles of
incorporation for Harvest Creek Subdivision, identifying at a minimum
the items outlined in the staff report, for review and approval by the
Planning Office prior to final plat approval.
30. That the applicant
obtain written approval from the
Bozeman
Recreation and Parks Advisory Board regarding the design and location
of the dedicated park land for said major subdivision prior to final plat
approval.
31. That utility easements as prescribed by the subdivision regulations be
. provided on the final plat.
32. That the applicant determine with the City Engineer's Office if Daffodil
Street should be identified as a "street" or "avenue" on the final plat.
33. The applicant shall provide documentation of executing at the Gallatin
County Clerk & Recorder's Office a waiver of right-to-protest creation
of R.I.D.'s.
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34. The final plat shall delineate the thirty+five (35) foot stream setback
from Harmon Ditch.
35. That the applicant comply with dedicated park land requirements as
set forth in Section 16.14.090 of the Bozeman Area subdivision
regulations, that retention/detention ponds will not be calculated as
part of the dedicated park lands, and that all retention/detention ponds
located in the dedicated park land be constructed with a slope of not
. more than 1 :4.
36. That the applicant install a linear trail system located along the linear
park land with each phase of the subdivision that complies with the
trail standards established by the Bozeman Recreation and Parks
Advisory Board, prior to final plat approval of each subdivision phase.
37. That the applicant execute a park maintenance district for review and
approval by the City of Bozeman for maintenance and upkeep of the
dedicated park land and trail system prior to final plat approval.
38. That the applicant prepare a cultural resource survey of the farmstead
on said property for submittal with the final plat application for review
by the Historic Preservation Officer, and that the applicant give
consideration to incorporating the existing farmstead into the overall
design of the residential subdivision instead of removing the structures
from the site.
39. All subdivision block lengths shall be designed to comply with the
requirements of 16.14.030
of the Bozeman Area Subdivision
Regulations. The applicant shall install a traffic calming device along
both sides of Hunter's Way at the midway point between the future
. extension of West Oak Street and Annie Street, that also includes a
twenty-foot (20) wide public pedestrian access parkland corridor,
moved southward per the recommendation of the Recreation and
Parks Advisory Board, to provide a link between the parkland and the
linear park as well as Hunter's Way and Buckrake Avenue, subject to
review and approval by City Staff prior to final plat approval of Phase
IV.
40. That the final plat contain the following language that is readily visible
on the plat placing future land owners of individual lots on notice of
the presence of high groundwater in the area of the subdivision:
"Due to relatively high ground water table within the
areas of the subdivision, it is not recommended that
residential dwellings with
full basements be
constructed without first consulting a professional
engineer. If daylight basements are incorporated in
the construction of residential dwellings, they should
not have a depth greater than (3) three feet below
the top of the curb of the street from which it is
served. "
. 41. That the developer shall enter into an improvements agreement with
the City of Bozeman guaranteeing the completion of all improvements
in accordance with the preliminary plat submittal information and
conditions of approval. If the final plat is filed prior to installation of
all improvements, the developer shall supply the City of Bozeman with
an acceptable method of security equal to one hundred fifty (150)
percent of the cost of the remaining improvements.
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42. That the developer shall have three (3) years from the date of
Preliminary Plat approval to complete the conditions of preliminary plat
approval and apply for final plat approval for Phase I-IV.
43. That the applicant submit with the application for final plat review and
approval of Harvest Creek Subdivision a written narrative stating how
each of the conditions of preliminary plat approval have been
satisfactorily add res sed .
. 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
being Commissioner Frost.
Certificate of Appropriateness - improvements to Boaert Park Pavilion, includina leveling of
surface under pavilion. adding a cooling system to freeze the ice. and replacina the existing
structure at the south end with new restrooms. warmina hut. storage area and mechanical
room (2-98145)
This was the time and place set for review of the Certificate of Appropriateness, as
requested by the Bozeman Amateur Hockey Association (BAHA) on behalf of the City of
Bozeman under Application No. 2-98145, for improvements to the Bogert Park pavilion,
including leveling of the surface under the pavilion, adding a cooling system to freeze the ice,
. and replacing the existing structure at the south end of the pavilion with new restrooms, a
warming hut, a storage area and mechanical room.
Assistant Planning Director Arkell distributed copies of a letter from Mr. and Mrs. Bill
Clinton, 216 Lindley Place, after which she presented the staff report. She stated that staff
has reviewed this application in light of the criteria set forth in the zone code, and the staff's
comprehensive findings are contained in the written staff report. She then stated that the
Design Review Board has not forwarded an official recommendation on this application because
a quorum was not present at the meeting at which it was considered. She noted, however,
that the three members who were present discussed this request with members of the
Bozeman Amateur Hockey Association (BAHA) members present. She then stated the
Recreation and Parks Advisory Board has also reviewed this application and, on a vote of 5 to
. 1, forwarded a recommendation for approval.
The Assistant Planning Director stated that, beginning on Page 2 of her memo, are a
list of recommended conditions and items to be addressed. She briefly highlighted those items,
noting that since the proposed location of the new structure encroaches on a large, mature
evergreen tree, the Development Review Committee has recommended that the building be
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relocated, turned or redesigned to eliminate the encroachment. She noted that one proposal
has been to move the building to the north end of the pavilion, and her response is that she is
unable to evaluate that idea until she sees a proposal. She then noted that many of the issues
identified in letters from the public can be addressed through the building and fire codes;
. however, noise is the biggest issue to be addressed. She then suggested that the Commission
may wish to address that issue as well as the hours of use for all parks rather than limiting
those discussions to this park only. She indicated that the issue of parking should be
addressed by the Commission since the pavilion is located in a City park and is used for many
other activities. She then noted that a portion of the existing pavilion and the proposed
location of the new building are located in the 1 DO-year floodplain and, therefore, any
improvements in that area must meet the regulations and
permitting requirement for
constructing in a floodplain.
Assistant Planning Director Arkell noted that the noise from the compressor in the
mechanical room and concerns about the hazardous materials that will be used in the cooling
system are major issues identified by the neighbors. She then stated that a double wall
. separation is required for the area where the compressor is housed, and the ammonia system
for freezing the ice must comply with fire codes. She indicated that the building must meet the
requirement of the Park Department for structures in parks, including an ivory/beige color with
green metal roof. She also indicated the Park Department must have access to the storage area
in the summer.
Mr. Jim Cannata, 608 West Babcock Street, President of the Bozeman Amateur
Hockey Association, stated that with the proposed improvements, winter use of the Bogert
Pavilion would be improved. He noted that one of the uses identified for the pavilion when
it was initially constructed was for playing hockey. He stated that BAHA has provided
manpower and equipment to help provide for hockey play since 1984 and purchased a dasher
board system in 1984. He noted that in 1988, BAHA upgraded the lighting and
the
. mechanical/storage area, and in 1997, they purchased a resurfacer. He also noted that they
have maintained the ice since 1994, and that has provided a recreational skating opportunity
at 8:00 a.m. for the community, since they flood the rink in the evening instead of in the
morning. He then stressed that under these proposed improvements, they propose to assist
nature in providing reliable ice at Bogert Park.
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Mr. Cannata stated that this fall, BAHA proposes to raise funds for a new dasher board
system and removable containment glass. He also noted that the sunshade at the south end
of the pavilion is to be replaced. He indicated that during the winter months, BAHA proposes
to work with the AGC Club at Montana State University to prepare a final site plan and will
. enlist the assistance of MSU engineering students to design a system to preclude loss of ice
and the assistance of MSU architectural students to design a block building which will meet
their needs. He noted that by June 15, 1999, the new facility should be constructed and
available for the next season. He characterized the result as an asset to the community.
Mr. Cannata stated the modern dasher boards have a four-inch cavity that, when
covered with foam, should reduce the sound of the puck. He also suggested that the new
dasher boards and containment glass should direct the sound upward before it begins lateral
travel, further reducing the impacts on the neighbors. He indicated that the new system should
also provide for more limited access to the ice surface, thus eliminating some of the late night
use that is impacting neighbors.
Mr. Cannata stated that the cooling system will meet or exceed specifications. He
. further noted that the brine in the cooling system will be the same as used in most water
softeners and does not create an environmental problem. He then suggested that many of the
remaining concerns expressed by the neighborhood are either unfounded or are related to other
groups and uses in the park.
Mr. Cannata noted that three Commissioners support the relocation of the hockey ice
rink from Bogert Park to Rose Park. He encouraged them to recognize the problems with that
idea. First, there is no Rose Park at this time; and only 3 acres of the existing 22 acres are dry.
He also suggested the City should not building another pavilion but should assist in the
development of an olympic size facility with indoor seating and a skating park with an outside
rink when it proceeds with development of that park. He then suggested that the BAHA be
allowed to continue its activities at Bogert Pavilion, noting that two of the three pieces of the
. proposed improvements can be relocated to a new facility, and the leveling of the floor will
continue to benefit the community even after the hockey rink is relocated. He concluded by
encouraging Commission approval of this application, noting that Bozeman youth will be the
winners.
09-21-98
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Mr. Jeff Ball, 323 South Wallace Avenue, stated he is an neighbor of Bogert Park and
recognizes the diversity of opinions about the character and use of Bogert Park. He suggested
that the City, the groups that use Bogert Park and the neighborhood should meet and determine
how the park should be used. He suggested that it is not overused; rather, it is well used. He
. also noted that its proximity to the central business district is a benefit to the entire community.
He suggested that, with a better management plan, the needs and concerns of the various
parties could be addressed.
Mr. Ball characterized this proposal as the most cost effective way to develop a safe,
reliable ice surface. He suggested it will cost at least $800,000 to develop a facility at Rose
Park, which is significantly more than the $150,000 it will cost to upgrade the Bogert Park
facility. He then stated he does not want to compete with the Valley Ice Garden, and it is
important to keep the ice costs down. He concluded by encouraging Commission approval of
this application.
Joe Nelson, 600 Coulee Drive, stated his support for the application, noting the dasher
board system and glass will reduce sound and discourage late night use of the facility. He
. concluded by encouraging approval of the application.
Mr. Bill Clinton, 216 Lindley Place, stated that the petition submitted in opposition to
this application was signed by residents who border the park. He expressed concern that under
BAHA;s proposal, the ice skating rink is to be used 14 hours per day, 7 days a week. He noted
that, while BAHA proposes to use the rink for league play only half of the time, that half of the
time is from 4:00 p.m. to 10:00 p.m., with the open time being in the morning and early
afternoon, when it is not really usable to others. He then noted that a lot of concern has been
expressed about the mature pine tree, while not as much concern has been expressed for the
neighbors in the area. He then encouraged the Commission to actively pursue the Rose Park
option instead.
Mr. Dave Crawford, 218 Lindley Place, stated his biggest concern is noise, particularly
. in the late evening when his children are in bed. He suggested that if the Commission approves
this application, it be with a condition that an acoustics consultant be retained to quantify ways
to reduce the noise. He recognized that installing the insulated dasher boards and extending
the height of the walls could help to reduce the noise, suggesting that the planting of evergreen
09-21-98
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- 15 -
trees between the pavilion and the residences and possibly insulating the ceiling are other
alternatives which could reduce the noise even further.
Mr. Crawford stated he feels that some existing activities should be retained in this
park, including the Farmers' Market and the swimming pool. He noted, however,
that one
. issue that should be addressed, in addition to the noise from hockey, is the noise from
skateboarding, particularly at night. He then concluded by encouraging the Commission to
ensure that their decision works for everyone involved.
Mr. Jim Gough, 318 South Church Avenue, stated he has owned two properties across
the street from Bogert Park for many years and has, in fact, lived in one of those properties for
over twenty years. He stated that when he heard about this application, he was reminded of
the proposal by the tennis players, approximately twelve years ago, to install a balloon over
the tennis courts. He noted that at that time, the issues of lighting and the noise from a
compressor running 24 hours a day were raised. He further noted it was found at that time
that a lease was required for a private entity to use City land in this manner. He then noted
that the neighbors to Bogert Park have made the adjustments necessary to live close to this
. facility. He encouraged the Commission to consider the integrity of the neighborhood as it
makes its decision. He concluded by noting that Bozeman is made up of a lot of people who
want to participate in things and when something is started, it will succeed and grow beyond
anyone's wildest dreams.
Mr. Pete Oeichmann, 226 Lindley Place, encouraged the Commission to carefully
consider the impacts that salt brine might have on the fish in the creek if it were to leak, noting
that the ground in the floodplain is constantly moving and subject to change. He then
suggested that if the BAHA's use of the ice skating rink is truly part-time, then hours should
be available, both during the week and on weekends, for the public to use the facility.
Ms. Greta Oeichmann, 226 Lindley Place, stated they have resided at this address for
25 years, and her children grew up in what was then a quiet residential area and played in the
. park. She noted that the use of the park has grown over the years, along with community's
growth, and the noise level has increased accordingly. She noted that hockey has become a
very popular sport, and the newspapers suggest that it will realize a 20-percent growth over
the next few years. She stated that, in light of the anticipated growth, a bigger place with
09~21-98
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~ 16 ~
more adequate access and parking is needed. She questioned where vehicles will park during
tournaments and expressed concern about the negative impacts that the idling of those vehicles
might have on the neighborhood.
Mrs. Oeichmann suggested that Rose Park would be a much better location for the
. proposed hockey rink, since it could then grow to accommodate additional demands. She
noted that the Farmers' Market is also growing, and could possibly be relocated to that site as
well.
Mr. Christopher Nixon, 719 North Wallace Avenue, stated that Bogert Park is one of
the things that attracted him to Bozeman. He characterized it as a quaint little area that gives
Bozeman its fact. He noted this is still a town where people get together, and he is concerned
that the proposed ice skating facility will compromise that possibility. He stated that the band
concerts and sporadic events in the summer are more acceptable than the constant noise from
a hockey game. He concluded by stating it makes more sense to put this type of facility in
Rose Park, rather than in this precious park.
Commissioner Rudberg stated she understands the passion on both sides of this issue.
. She then stressed the importance of thinking about tomorrow as well as today and recognizing
that it is not possible to continue packing activities into Bogert Park. She noted that in the
early 1980's, it was possible to do spontaneous activities in Bogert Park or go to the pavilion
for a picnic lunch, but those spontaneous activities no longer occur. She suggested that ice
skating could be eliminated from Bogert Park, particularly since there are ice skating rinks at
Southside Park and Beall Park as well as at several of the schools. She suggested that by next
year, the City could have a pavilion constructed at Rose Park which could be used for hockey.
She stressed that the entire facility, as desired, does not need to be constructed immediately;
rather, a starter facility could be constructed and then expanded in future years. She noted
that the BAHA has vowed to raise $150,000 for the ice, and questioned the difference
between making those improvements at Bogert Park and Rose Park. She concluded by
. encouraging the BAHA and the community to adopt a "can do attitude" rather than trying to
put up obstacles to alternatives.
Commissioner Smiley stated she feels the Commission must start looking at the future
instead of continuing to try to fit everything around the pavilion and the creek in Bogert Park.
09-21 ~98
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She then noted with interest that those who are opposing this application are those who have
to listen to the noise.
Mayor Stiff stated his interest in pursuing a facility at Rose Park. He noted that the
City has the monies from sale of the Haynes Building, and suggested that those monies could
. be used to match the $150,000 commitment from the Bozeman Amateur Hockey Association.
Responding to Commissioner Youngman, Assistant Planning Director Debbie Arkell
stated that Commission action is not necessary to allow the installation of the new insulated
dasher boards and containment glass; rather, that can be accommodated under their use
agreement with the City.
Commissioner Youngman suggested that the Commission table action on this request
rather than voting no on it. She expressed concern about the previous commitments which the
Commission has made but been unable to fulfill, including the ice skating at Valley Unit Park.
She questioned whether the Commission is prepared to approve refrigerated ice at Bogert Park,
suggesting that working with acoustical experts and testing of the new dasher boards and
containment glass could be a step in the right direction. She then expressed concern that the
. Recreation and Parks Advisory Board has not recommended the possibility of locating the
hockey ice rink in Rose Park, suggesting that it would be appropriate to encourage the Board
to accelerate the process of master planning the development of Rose Park but would not be
appropriate to take action before the master planning has been completed. She then indicated
her support for making Bogert Park and its activities a better neighbor, stressing the importance
of ensuring that the issue is researched prior to Commission action.
Commissioner Frost stated he concurs that a long-term solution is needed because
hockey is a growing sport in the area. He stated, however, he is concerned about the noise
in the neighborhood, both in the summertime and the wintertime. He stressed that, even if
hockey leaves the Bogert Pavilion for another facility, the facility and its uses will still remain
and need to be addressed. He then indicated his interest in allowing the installation of the
. improvements that have been proposed for this winter and tabling action on this application
until after research on the various issues and concerns has been completed.
Commissioner Rudberg stated she feels the Commission should make its decision at
this time, rather than delaying it.
09-21-98
- 18 -
Commissioner Smiley stated she grew up two blocks from Bogert Park, and she feels
hockey is not a good use for the park.
Commissioner Frost stated he does not want to move the hockey rink to Rose Park
without first considering what is best for the community.
. Mayor Stiff stated he feels the Commission must act on the application, rather than
tabling it.
Break - 4:40 to 4:43 p.m.
Mayor Stiff declared a break from 4:40 p.m. to 4:43 p.m., in accordance with
Commission policy, to give Commissioners an opportunity to meet with staff.
Certificate of Appropriateness - improvements to Bogert Park Pavilion. including levelina of
surface under pavilion. addina a coolina system to freeze the ice. and replacina the existina
structure at the south end with new restrooms. warming hut. storaae area and mechanical
room (Z-98145)
Commissioner Youngman noted that at the last meeting on this proposal, the City
. Manager volunteered to contact MSU to do low-budget research on noise in the pavilion. She
suggested that the results of that research could be important in addressing the issues which
have been raised.
Responding to Commissioner Rudberg,
City Manager Johnson noted that
representatives from the Bozeman Amateur Hockey Association have indicated that they plan
to work with people from MSU regarding various facets of their program. He then indicated
that he would be willing to work with the representatives from BAHA and people from the
University to ensure that all of the issues which have been raised are addressed, and not just
the hockey issues.
Mr. Cannata indicated that he would be willing to work with the City, and will use
BAHA's non-profit status, if necessary, to facilitate the process.
. Mayor Stiff stated he cannot support tabling action on this application, indicating he
feels it is important for the Commission to make a decision. He then stated the Commission
has ample information and ample public input upon which to base a decision.
Commissioner Frost stated his support for the suggestion to table the decision on this
application because he does not wish to eliminate any options at this time.
09-21-98
~.'-_'.:-o.~,.,,~"..
- 19 -
It was moved by Commissioner Youngman, seconded by Commissioner Frost, that the
Commission table action on this application for Certificate of Appropriateness to give City staff
an opportunity to coordinate noise research on the facility, communicate with the Recreation
and Parks Advisory Board to find alternative locations for ice hockey and urge that completion
. of the master plan for Rose Park be given a priority, with completion of that document as eariy
in 1999 as possible. The motion failed by the following Aye and No vote: those voting Aye
being Commissioner Frost and Commissioner Youngman; those voting No being Commissioner
Smiley, Commissioner Rudberg and Mayor Stiff.
It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the
Commission deny the Certificate of Appropriateness, as requested by the Bozeman Amateur
Hockey Association (BAHA) on behalf of the City of Bozeman under Application No. Z~98145,
for improvements to the Bogert Park pavilion, including leveling of the surface under the
pavilion, adding a cooling system to freeze the ice, and replacing the existing structure at the
south end of the pavilion with new restrooms, a warming hut, a storage area and mechanical
room. The motion carried by the following Aye and No vote: those voting Aye being
. Commissioner Rudberg, Commissioner Smiley and Mayor Stiff; those voting No being
Commissioner Frost. Commissioner Youngman abstained.
It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the
Commission direct staff to work with the Parks Department to identify an alternative location
for the Bozeman Amateur Hockey Association and to develop a plan for Rose Park. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg,
Commissioner Frost, Commissioner Youngman, Commissioner Smiley and Mayor Stiff; those
voting No, none.
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the
Commission authorize and direct staff to immediately look into the problems that exist in Bogert
Park prior to the upcoming hockey season and identify possibly ways to mitigate the year round
. noises to adjoining neighborhoods. The motion carried by the following Aye and No vote:
those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Smiley
and Mayor Stiff; those voting No being Commissioner Rudberg.
09-21-98
,.- ----
- 20 -
Discussion - FYI Items
City Manager Johnson presented to the Commission the fOllowing "For Your
Information" items.
(1 ) Letter from the Dispute Resolution Center of Central
Montana, dated
. September 9. announcing that they have recently been awarded a small grant and encouraging
the Commissioners to attend a seminar from 2:30 p.m. to 4:30 p.m. on Friday, September 25,
in the Community Room at the Bozeman Public Library.
(2) Copy of the resolutions and position statements as developed by the Legislative
Committee for consideration at the upcoming Montana League of Cities and Towns convention.
(3) Letter from the Montana Building Industry Association and the Montana
Association of Realtors, dated September 18, inviting all interested persons to attend a public
pOlicy forum on affordable housing to e held at the Colonial Inn in Helena on October 4, along
with a copy of the agenda for that meeting.
(4) Letter from Kristi Lavin, 311 South Tracy Avenue, dated September 20,
expressing concern about a proposed fence to be constructed along Mathew Bird Creek.
. Responding to Commissioner Smiley, the Assistant City Manager stated that he asked
Senior Planner Skleton to review the records for the original approval of the Alderson Place
Townhouses to see if construction of the proposed fence is prohibited because of the
conditions of that approval.
(5) Agenda for the Development Review Committee meeting to be held at 10:00
a.m. on Tuesday, September 22, in the Commission Room.
(6) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on
Tuesday, September 22, in the Commission Room.
(7) Agenda for the County Commission meeting to be held at 1 :30 p.m. on
Tuesday, September 22, at the Gallatin County Courthouse.
(8) The City Manager stated that he attended a meeting on the Oak Street right-of-
. way last week. He stated it appears Mr. Bell is the responsible party for the property and that
it will be easier to acquire the right-of-way through the Pea Cannery property than was
originally thought.
Mayor Stiff stated his concurrence with City Manager Johnson's comments.
09-21-98
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- 21 -
(9) Assistant City Manager Brey stated that he has been serving on a committee
to select a new Assistant Superintendent for one of the City's departments with which he had
previously not had in-depth involvement.
(10) City Attorney Luwe stated that he and Associate Planner Chris Saunders have
. been listed as presenters at one of the sessions during the upcoming Western Planners
Association meeting.
Assistant Planning Director Debbie Arkell stated that the upcoming meeting, which is
to be held in Great Falls on November 4 through 6, is being sponsored by the Montana
Association of Planners, the Montana League of Cities and Towns and the Montana Association
of Counties, and elected officials are invited to attend.
(11 ) Commissioner Youngman submitted the following. (1) Enjoyed opening and
speaking at a western regional women's conference recently. (2) Noted, with interest, the note
in the In the Margins article in the Bozeman Daily Chronicle forwarding Dennis Hardin's
comments regarding obtaining a variance from the City Commission.
(12) Commissioner Smiley stated that she attended the Planning Board meeting on
. Tuesday night and encouraged the Commissioners to carefully read the minutes from that
meeting.
(13) Commissioner Rudberg submitted the following. (1) Thanked the City Attorney
for the article regarding dogs, particularly in light of the recent article in the newspaper
regarding a two-year-old who was disfigured by the family's pet pit bull. (2) Gave the Clerk
of the Commission a copy of the "FYI Items" she feels do not need to be included in future
packets. (3) Congratulated Assistant Planning Director Arkell and her husband on recently
winning the National Street Rod Association Wyoming Representative Award with their 1941
Chevrolet coupe.
(14) Mayor Stiff noted the Commissioners have received a mailing from Montana
Power Company regarding an energy audit. He suggested that it may be beneficial for the City
. to consider how to further disseminate the information on low flow shower heads, since that
fits within the water conservation measures which the Commission wishes to encourage.
(15) Commissioner Frost announced that he will be absent from the October 5
Commission meeting, since he will be visiting a new grandchild.
09-21-98
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Consent Items
City Manager Johnson presented to the Commission the following Consent Items.
Commission Resolution No. 3259 ~ levvina and assessing garbaae assessments
for Fiscal Year 1999: set Dublic hearina for October 5. 1998
COMMISSION RESOLUTION NO. 3259
. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, ESTABLISHING SOLID WASTE COLLECTION FEES, AND LEVYING
AND ASSESSING A SPECIAL ASSESSMENT UPON ALL REAL PROPERTY IN
THE CITY OF BOZEMAN. COUNTY OF GALLATIN, STATE OF MONTANA,
UNLESS PROVISIONALLY 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.
Commission Resolution No. 3260 - levving and assessinc;J liahtina district
assessments for Fiscal Year 1999: set Dublic hearina for October 5.
1998
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.
. Commission Resolution No. 3261 - levvina and assessina delinauent garbaae
assessments for Fiscal Year 1998: set Dublic hearing for October 5.
1998
COMMISSION RESOLUTION NO. 3261
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 MONTANA, TO DEFRAY THE COST AND EXPENSE
OF COLLECTING, REMOVING AND DISPOSING OF SOLID WASTE.
Commission Resolution No. 3262 - levvina and assessing delinauent sewer
charges for Fiscal Year 1998: set Dublic hearing for October 5, 1998
COMMISSION RESOLUTION NO. 3262
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 MONTANA, UNLESS PROVISIONALLY EXEMPTED,
TO COLLECT DELINQUENT SEWER CHARGES PLUS COSTS AND EXPENSES
INCURRED BY THE CITY OF BOZEMAN, AS PROVIDED FOR IN SECTION
. 7w13-4309, MONTANA CODE ANNOTATED.
Commission Resolution No. 3263 - levvina and assessing delinauent snow
removal charaes for Fiscal Year 1998: set Dublic hearina for October
5, 1998
COMMISSION RESOLUTION NO. 3263
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN.
MONT ANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON
09~21-98
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- 23 -
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.
Commission Resolution No. 3264 - levvina and assessing delinauent weed
mowing charges for Fiscal Year 1998; set public hearina for October
. 5, 1998
COMMISSION RESOLUTION NO. 3264
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 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.
Commission Resolution No. 3265 - authorizing City Manaaer to sign Chanae
Order Nos. 4, 5, 7 and 8 for renovation of the Professional Building -
Walker Construction, Incoo Bozeman, Montana - add a total of
$11 ,243.15 and 0 calendar days
COMMISSION RESOLUTION NO. 3265
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, APPROVING ALTERATION/MODIFICATION OF CONTRACT WITH
. WALKER CONSTRUCTION, INC., BOZEMAN, MONTANA.
Commission Resolution No. 3266 ~ authorizing City Manager to sign Chanae
Order No.1 for the Water Treatment Plant Imorovements (Corrosion
Control) - Williams Brothers Construction , Billings, Montana - add
$603.00 and 0 calendar days
COMMISSION RESOLUTION NO. 3266
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONT ANA, APPROVING AL TERA TION/MODIFICA TION OF CONTRACT WITH
WILLIAMS BROTHERS CONSTRUCTION, BILLINGS, MONTANA.
Aooroval of final olat for Shanahan Minor Subdivision (subdivide 0.626-acre
lot described as Lot 46, Bridger Creek Subdivision, Phase I. located
NE%, Section 31, T1 S, R6E, MPM, into two townhouse lots) (2408
Par Court); contingent uoon aoolicant oroviding written consent to
subdivision from Golf Course Partners, Inc. (P-9729)
Cancellation of Commission meeting (work session) scheduled for November
23, 1998
. Building Insoection Division report for Auaust 1998
Claims
It was moved by Commissioner Frost, seconded by Commissioner Rudberg, 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
09-21-98
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- 24 -
vote: those voting Aye being Commissioner Frost, Commissioner Rudberg, Commissioner
Smiley, Commissioner Youngman and Mayor Stiff; those voting No, none.
Recess - 5:08 p.m.
. Mayor Stiff declared a recess at 5:08 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.
Continued public hearing - Master Plan Amendment - Bozeman Deaconess Health Services -
create a new land use classification called "Traditional Neighborhood Development". to allow
mixed use neiahborhoods: and apply new classification to 485.98 acres located in the NE%.
and SE% of Section 18. the SW~ of Section 8. and the SE~ of Section 17. T2S. RGE. MPM
(generally bounded by Ellis Road. Haaaerty Lane, Bozeman Trail Road. Kaay Boulevard.
Hiahland Boulevard and New Hyalite View Subdivision) (P-9808) (OS)
This was the time and place set for the continued public hearing on the Master Plan
. Amendment requested by Bozeman Deaconess Health Services under Application No. P-9808,
to create a new land use classification called "Traditional Neighborhood Development", to allow
for mixed use neighborhoods; and to amend the land use designation from "Urban Residential
Infill" , "Urban Residential" and "Suburban
Residential" to "Traditional Neighborhood
Development" on 485.98 acres located in the Northeast one-quarter and the Southeast one-
quarter of Section 18, and the Southwest one-quarter of Section 8, and the Southwest one-
quarter of Section 17, Township 2 South, Range 6 East, Montana Principal Meridian. The
subject property is generally bounded by Highland Boulevard, Ellis Road, Haggerty Lane,
Bozeman Trail Road, Kagy Boulevard and New Hyalite View Subdivision.
Included in the Commissioners' packets was a letter from Bozeman Deaconess Health
. Services, dated September 16, requesting that the Commission table action on this master plan
amendment indefinitely, to allow Planning staff time to forward revisions to the planned unit
development chapter of the zone code.
Mayor Stiff reopened the public hearing.
09-21-98
- 25 -
Mr. Keith Swenson, representing the applicant, noted an article in the Bozeman Daily
Chronicle made it sound like the project has been withdrawn, but stressed that is not the case.
He noted, rather, the Planning Board recommended that the Commission not proceed with this
master plan, but proceed with revisions to the planned unit development section of the code.
. In light of the Planning Board's action, the applicant requested and received a gO-day
continuance to allow the revisions to the PUD regulations to be completed, since that process
was estimated to take 60 days. He noted that, since those revisions have not been completed,
the applicant is requesting that action on this application be tabled indefinitely. He suggested
that, if the revisions to the PUD chapter reflect the changes he anticipates, then this application
for a master plan amendment may not be necessary.
It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that
the Commission table indefinitely action on this application for master plan amendment, as
requested by the applicant, to allow Planning staff time to forward revisions to the planned unit
development chapter of the zone code. The motion carried by the following Aye and No vote:
those voting Aye being Commissioner Youngman, Commissioner Smiley, Commissioner
. Rudberg, Commissioner Frost and Mayor Stiff; those voting No, none.
Public hearina - Master Plan Amendment - Alan & Rhonda Rose Drecksler and Pedro & Olga M.
Adrian - change land use desianation from Rural Residential to Urban Residentiallnfill on 157~
acre tract described as Minor Subdivision No. 201 (north side of Durston Road aDDroximatelv
one-half mile west of Flanders Mill Road) (P-9740) (DA)
This was the time and place set for the public hearing on the Master Plan Amendment,
as requested by Alan and Rhonda Rose Drecksler and Pedro and Olga M. Adrian, under
Application No. P-9740, to change the land use designation on a 157-acre tract described as
Minor Subdivision No. 201 from Rural Residential to Urban Residential Infill. The subject
property is more commonly located along the north side of Durston Road, approximately one-
half mile west of Flanders Mill Road.
. Included in the Commissioners' packets was a copy of a letter from Morrison-Maierle,
dated September 3, withdrawing this application on behalf of the applicants.
It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the
Commission acknowledge receipt of the letter of withdrawal. The motion carried by the
following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner
09-21-98
- 26 -
Rudberg, Commissioner Frost, Commissioner Youngman and Mayor Stiff; those voting No,
none.
Public hearina - Zone MaD Amendment - Alan & Rhonda Rose Drecksler and Pedro & OICJa M.
Adrian - amend zoning designation from" AS" to "R-3" and "B-1" on 157-acre tract described
. as Minor Subdivision No. 201 (north side of Durston Road approximatelv one-half mile west of
Flanders Mill Road) (Z-97132) (DA)
This was the time and place set for the Zone Map Amendment, as requested by Alan
and Rhonda Rose Drecksler and Pedro and Olga M. Adrian, under Application No. Z-97132, to
change the zoning designation on a 157-acre tract described as Minor Subdivision No. 201
from "AS", Agricultural Suburban,
to "R-3", Residential--Med ium-density, and "B-1",
Neighborhood Service. The subject property is more commonly located along the north side
of Durston Road, approximately one-half mile west of Flanders Mill Road.
Included in the Commissioners' packets was a letter from Morrison-Maierle, dated
September 3, withdrawing this application on behalf of the applicants.
It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the
. Commission acknowledge receipt of the letter of withdrawal. The motion carried by the
following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner
Frost, Commissioner Youngman, Commissioner Smiley and Mayor Stiff; those voting No, none.
Public hearina - Zone Code Amendment - establish review Drocedures and standards for various
telecommunications facilities and identifyina the zones in which they may be located (Z-9889)
This was the time and place set for the public hearing on the Zone Code Amendment,
as requested by the City Commission under Application No. Z-9889, to establish review
procedures and standards for various telecommunications facilities and identifying the zones
in which they may be located.
Mayor Stiff opened the public hearing.
Associate Planner Chris Saunders presented the staff report. He noted that staff has
. reviewed this application in light of the twelve criteria established for consideration of zone
code amendments, and the staff's comprehensive findings are contained in the written staff
report which was included in the written staff report. He noted that the Planning Board
considered this application at its meeting held on September 1, and has forwarded a
recommendation for approval. He then noted that some issues have since been identified by
09-21-98
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other staff members, and one of those issues has been addressed in his memo dated
September 1, a copy of which was included in the Commissioners' packets.
Associate Planner Saunders stated that, under the zone code amendments as contained
in the staff report, large scale broadcast facilities are to be allowed in several different districts
. through a conditional use permit. He noted that, as a result of discussions with other staff
members, it appears there is some support to change the list to encourage the installation of
antennae on publicly owned land and to not allow them in the residential zones unless the
applicant can prove to the City's satisfaction that a specific location is technologically
necessary and that no other zone provides a satisfactory site. He noted that, in
a
corresponding change, the small scale broadcast facilities would be subject to the conditional
use process rather than site plan review in all urban residential zones.
City Attorney Luwe stated that a written copy of the proposed revisions will be
included in next week's packets for Commission consideration.
Responding to Commissioner Smiley, City Attorney Luwe stated that the proposed
revisions will not need to be submitted to the Planning Board prior to Commission action.
. Responding to questions from the Associate Planner, Commissioner Rudberg stated
support for the proposed revisions to the zone code amendment, noting it is important to
protect the residential areas.
Responding to Commissioner Rudberg, City Attorney Luwe stated that the City's zone
code does apply to State lands but is generally deemed not applicable to federal lands.
Mr. Bill Donnolly, Walter Group, representing Three Rivers Wireless, noted that through
groups have been primarily responsible for drafting of the proposed zone code amendment. He
noted that Three Rivers Wireless is in the process of developing a new all digital PSC network
in Bozeman. He characterized the staff's proposal as well-researched and well-written and
encouraged Commission approval. He noted that this proposed amendment will protect the
City and the citizens of Bozeman by ensuring that this type of towers do not proliferate
. throughout the area. He then concluded by encouraging Commission approval of the
amendment.
City Attorney Luwe noted that Associate Planner Saunders has done a good job of
drafting the proposed provisions pertaining to telecommunications in one section, and the
advertisement for this public hearing addressed only those sections to which he was proposing
09-21-98
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the amendments. He recommended, however, that the listing of permitted and conditional uses
in each of the zoning districts, however, be revised to include the telecommunications uses in
a future zone code amendment process. He suggested this could be incorporated into the other
housekeeping type amendments that have been identified recently.
. Since there were no Commissioner objections, Mayor Stiff closed the public hearing.
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the
Commission approve the Zone Code Amendment, as requested by the City Commission under
Application No. Z-9889, to
establish review procedures and standards
for various
telecommunications facilities and identifying the zones in which they may be located, and
authorize and direct staff to bring back an ordinance enacting the amendment. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Frost,
Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg and Mayor Stiff; those
voting No, none.
City Attorney Luwe stated that staff currently cannot propose changes to the zone
code and asked that the Commissioners authorize and direct staff to proceed with that
. amendment as well as an amendment to include these facilities in the use lists for the various
zoning districts and any other housekeeping changes that have been previously identified.
It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that
the Commission authorize and direct staff to proceed with a zone code amendment to make
the appropriate changes to the various sections of Title 18, as requested by the City Attorney.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Youngman, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Stiff;
those voting No, none.
Executive session - continued evaluation of Clerk of the Commission
Mayor Stiff announced his intent to close the meeting and enter into executive session,
. under Section 2~3-203(4), M.C.A., for the purpose of continuing the evaluation of the job
performance of the Clerk of the Commission.
At 7:27 p.m., Mayor Stiff called an executive session for the purpose of the evaluation
and asked all of the persons except the Clerk of the Commission to leave the room.
At 8:30 p.m., Mayor Stiff closed the executive session and reopened the meeting.
09-21-98
_.~----- - - --. .
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Adiournment - 8:30 D.m.
There being no further business to come before the Commission at this time, it was
moved by Commissioner Frost, seconded by Commissioner Youngman, that the meeting be
adjourned. The motion carried by the following Aye and No vote: those voting Aye being
. Commissioner Frost, Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg
and Mayor Stiff; those voting No, none.
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09-21-98