HomeMy WebLinkAbout1997-11-17 Minutes, City Commission
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
November 17, 1997
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. The Commission of the City of Bozeman met in regular session in the Commission
Room, Municipal Building, Monday, November 17, 1997, at 3:00 p.m. Present were Mayor
Stueck, Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner
Youngman, City Manager Johnson, City Attorney Luwe, Deputy Clerk of the Commission
Erlandson (afternoon session) and Clerk of the Commission Sullivan (evening session).
The meeting was opened with the Pledge of Allegiance and a moment of silence.
City Manager Clark Johnson requested that Consent Items 11 k. through 11 n. be
removed for discussion.
Minutes - November 3. 1997
It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the
. minutes of the meeting of November 3, 1997, be approved as submitted. The motion carried
by the following Aye and No vote: those voting Aye being Commissioner Rudberg,
Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor Stueck; those
voting No, none.
Mayor Stueck deferred action on the minutes of November 10, 1997 to a later date.
Conditional Use Permit - Peter A. Berman for Beatrice R. Tavlor - allow redistribution of
residential densities within a mixed-use Dlanned unit develODment - Lots 2. 3 and 4, Block 1.
Walker ProDertv Subdivision PUD (north side of intersection of Campbell Road and Kean Drive)
(Z-97157)
This was the time and place set for review of a conditional use permit, requested by
Peter A. Berman for Beatrice R. Taylor under Application No. 2-97157, to allow the
.. redistribution of residential densities within a mixed-use planned unit development on Lots 2,
3 and 4 of Block 1, Walker Property Subdivision planned unit development.
The subject
property is located along the north side of the intersection of Campbell Road and Kean Drive.
Senior Planner Dave Skelton reviewed the conditional use permit application, noting that
this is part of the original Walker Property plan approved in March, 1991. The Senior Planner
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noted that Mr. Berman wants to redistribute the densities allowed on Lots 2, 3 and 4 of Block
1 of the proposed subdivision, so that ten dwellings units can be developed on Lot 3.
The Senior Planner reminded the Commission that the PUD guidelines establish that not
more than twenty dwelling units can be constructed on the three lots, with the specification
. that not more than eight dwellings can be constructed on each of the lots. He noted that this
request is somewhat unusual, and that the Commissioners do not have a lot of information in
their packets since this is not a development proposal, merely a request for redistribution.
Senior Planner Skelton said that because of this, staff has attempted to review the request in
two ways, the first being with the Design Review Committee for Walker Property, and the
second being the City's zoning ordinance. The Senior Planner noted Mrs. Taylor has no
objection to the proposal, although the Design Review Board will assess it and weigh the design
proposal and its merits against the general concept of the PUD. Senior Planner Skelton noted
the specific criteria as they relate to these three lots is to preserve as much open space and
mature vegetation as possible. In answer to Mr. Berman's request for clarification, the Planner
noted staff has defined mature vegetation as mature trees and bushes, not grass.
. Senior Planner Skelton said staff has reviewed this request against the City's zoning
ordinance, noting the property is zoned R-3, which is a typical urban zoning classification, while
the area under review is more of a suburban area outside the corporate limits. He
noted the
East Gallatin River runs along the east side of the property as well as a 100-foot wide wildlife
habitat corridor and substantial amounts of mature vegetation. The Planner said that, based
upon the current zoning ordinance, the proposal would comply and, with specific conditions
imposed, will meet the intent and purpose of the architectural and landscape guidelines for the
PUD.
Senior Planner Skelton said the City-County Planning Board held a public hearing, no
public testimony has been received to date, either in favor of or against the proposal, and staff
. recommends approval of the request, with six conditions. In reviewing those conditions,
the
Senior Planner noted Mr. Berman's concern with Condition No.2. He said Mr. Berman queried
whether the removal of two or three trees will meet the intent of Condition No.2, which it
obviously will not. The Planner said that, if he is unable to disturb any mature trees or bushes,
Mr. Berman feels he will be unable to develop the property. The Senior Planner said that, at
this point, staff is not prepared to recommend modifications to the condition because the six
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conditions are forwarded to the Commission from the City-County Planning Board, although he
is willing to discuss it.
Mr. Peter Berman said he is an architect as well as the developer of this project. He
said that, to date, no one seems to have a problem with him taking the largest lot of the three
. and allowing most of the houses to exist on it, as long as the total density of the three lots is
not increased. Mr. Berman said it was also clear to him in the beginning that it was the
purview of the Walker Property Design Review Committee to determine the validity of any
development, not the City-County Planning Office. He noted he has worked diligently with the
Walker Property Design Review Committee to meet their standards, and only recently became
aware that the Planning Board is making their acceptance of his design a condition of their
approval. Mr. Berman said that, in order to provide 10 units on the northernmost lot, it will be
necessary to remove some vegetation, none of which will be within the 100-foot habitat
setback. He said he will not remove any vegetation which is ecologically or environmentally
vital to its surroundings, but not being able to remove any vegetation, or only that which the
City of Bozeman deems appropriate, leaves him in deep trouble. He forwarded his frustration
. that this is simply not the way this project began.
No one else was present to speak for or against this project.
In response to Commissioner Frost, Senior Planner Dave Skelton addressed the issue
of the 100-foot wildlife habitat corridor along the east side of the East Gallatin River. He noted
this corridor was set by the Department of Fish, Wildlife and Parks for two reasons: one, to
maintain the existing wildlife habitat, and two, to provide habitat along the river that would not
be disturbed by a pedestrian circulation system. The Planner stressed
that the City is
attempting to approve a development without actually assessing the merits of the proposal in
light of the developmental guidelines. The Planner said the merits of the entire
subdivision
were based upon the architectural and landscape guidelines that were set forth in this plan. The
Senior Planner said the Commission can leave the decision to the discretion of the Design
. Review Committee if the Commission feels it is that body's place to impose the architectural
guidelines.
Further in response to Commissioner Frost, the Senior Planner said
it is the
Commission's place to decide upon this redistribution, and that the merits of the proposal itself
will decide whether or not and how much mature vegetation can be removed.
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In clarification for Mayor Stueck, the Senior Planner said the guidelines attached to the
staff report in the Commissioners' packets note a specific restriction on the density allowed on
each lot, to ensure amenities, including pockets of open space encompassed by mature
vegetation and watercourses, and that these restrictions apply mostly to the northernmost lot.
. He noted the difficulty of the restrictions on the property, with its mature vegetation, and
flood ways which encroach extensively into the lot.
Responding to Commissioner Stiff, the Senior Planner said that if Condition No.2 is left
as is, the proposal will be assessed based upon a specific development of the property.
In response to Commissioner Rudberg, the Planner agreed that this will not defeat the
purpose of having a PUD and that, unfortunately, when doing a long-range development of this
nature, it is hard to anticipate what future developers will be involved in the PUD. He said it
is common for landscaping and architectural guidelines to conflict with a specific developmental
proposal.
Responding to Mayor Stueck, the Senior Planner said it would not be appropriate to
establish a percent of mature vegetation to be preserved; rather, it should be based upon the
. merits of the proposal. The Planning Director and the Design Review Committee for the Walker
Property PUD will make a determination as to whether or not the intent and purpose of the
condition is met. He noted it is understood that, if the developer disagrees with their decision,
he can appeal it to the City Commission. Senior Planner Skelton reiterated that he is
uncomfortable with establishing a percentage or area of mature vegetation that can be
eliminated without having a proposal in front of him.
Commissioner Rudberg stated she feels the Design Review Committee, set up by the
Walker Property for this PUD, should have the authority to decide these issues.
Responding to Mayor Stueck, Senior Planner Skelton reiterated that, if everyone feels
comfortable with it, the decision can be left to the discretion of the Design Review Committee
and the Planning Director.
. In response to the Mayor, Mr. Berman said he is more comfortable leaving the decision
to the Design Review Committee only. He said that, had he been aware his project could be
held up by any "whim" of the City, it would have greatly influenced the way he proceeded.
Responding to the Mayor, Mr. Berman said he understands he has an appeal process through
the City Commission; however, he stated the issue is that he is potentially in the middle of
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decisions made by the Design Review Committee and by the Planning Director, and that the
rules have been changed in the middle of the game.
Commissioner Frost commented that the rules have changed because Mr. Berman has
requested a change in density on one lot. He noted the original densities were already
. approved by the Commission.
Mr. Berman emphasized that Lot 3 is by far the larger lot, and that the plan he proposes
maximizes open space. He said the units will be along the river, giving a maximum of open
space to the west, but he cannot satisfy both open space requirements and the vegetation
requirements. He said he feels, from a practical point of view, the overriding concern is that
this project does not fall within 100 feet of the river.
Senior Planner Skelton said the preliminary conceptual designs he has seen will not meet
the intent and purpose of the Commission, noting many portions of Block 1 are under an open
space conservation easement.
Mr. Berman noted that any mature vegetation removed is to be used as a screen to the
west, between the wastewater treatment plant and the subdivision.
. In response to Commissioner Frost, the Senior Planner said he did not know if Condition
NO.2 can be met with 8 units on the lot.
Responding to Commissioner Stiff, the Senior Planner said this is a model PUD, with
mixed use development, more typically found inside city limits. He said
he believes there is
potential for a successful development of the lots, but until he sees the merits of the proposal,
he is uncomfortable with opening up the door on blanket development of the lots.
In response to the Mayor, the Senior Planner said he would be comfortable with
changing the wording of Condition No.2 to eliminate the word 'all', and adding at the end the
words "and will be reviewed by the Design Review Committee for the Walker Property
Subdivision PUD, and the Planning Director". He noted that, if it is felt necessary that the
. proposal go to the Design Review Board, the Planning Director can make that determination.
It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the
Commission approve the conditional use permit, requested by Peter A. Berman for Beatrice R.
Taylor under Application No. Z-97157, and allow the redistribution of residential densities
within a mixed use planned unit development on Lots 2, 3 and 4 of Block 1, Walker Property
Subdivision planned unit development, subject to six conditions as follows:
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1. That the applicant provide the Planning Office with documentation of
written approval by the Design Review Committee for the Walker
Property Subdivision P.U.D. granting approval of the redistribution of
residential dwellings on Lot 2, 3, and 4, Block 1, Walker Property
Subdivision P.U.D. as requested in the application for a Conditional Use
Permit, prior to proceeding with construction of any project on said
property;
. 2. That the applicant agree in writing that any development of said
property will guarantee the maintenance and upkeep of existing
vegetation and wildlife habitat located on the three residential lots in
question, based on review and approval of any development proposal by
the Design Review Committee for the Walker Property Subdivision PUD
and the Planning Director, prior to proceeding with construction on said
lots;
3. That the right to a use and occupancy permit shall be contingent upon
the fulfillment of all general and special conditions imposed by the
Conditional Use Permit procedure;
4. That all of the special conditions shall constitute restrictions running
with the land use and shall be binding upon the owner of the land, his
successors or assigns, and shall be recorded as such with the Gallatin
County Clerk & Recorder's Office by the property owner prior to the
issuance of
any building permits, final
site plan approval or
commencement of the conditional use;
5. That all conditions specifically stated under any Conditional Use listed
in Title 18 of the Bozeman Municipal Code shall apply and be adhered
. to by the owner of the land, successors or assigns;
6. That all of the special conditions shall be consented to in writing by the
applicant.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Stiff, Commissioner Frost, Commissioner Youngman, Commissioner Rudberg and Mayor
Stueck; those voting No, none.
Preliminarv Dlat review - Crescent Vallev Minor Subdivision - subdivide 21.369 acres known
as COS No. 1510 into three lots for residential and office condominium uses - Rockv Mountain
Engineers for Ken leClair (along east side of Ferguson Avenue between Fallon Street and West
Babcock Street) (P-9745)
This was the time and place set for review of a preliminary plat, requested by Rocky
Mountain Engineers for Ken LeClair under Application No. P-9745, to subdivide 21.369 acres
. known as Certificate of Survey No. 1510 into three lots for residential and office condominium
uses. The subject property is located along the east side of Ferguson Avenue between Fallon
Street and West Babcock Street.
Assistant Planning Director Debbie Arkell reviewed the preliminary plat request, noting
that proposed Lot 1, Block 1, located at the corner of Ferguson Avenue and Fallon Street, is
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zoned R-O, Residential-Office, and will be used for condominium/office development.
The
Planner said Lot 1, Block 2, and Lot 1, Block 3, are located south of West Babcock Street, and
are both zoned R-4, High Density Residential, and will be used for residential/condominium
development. The Assistant Planning Director said that, at its meeting on November 4, 1997,
. the Planning Board reviewed this minor subdivision and, immediately thereafter, reviewed a
major site plan application for the residential development of 53 duplex structures, totalling 106
units, and nine office structures for the condominium offices. The Assistant Planning Director
reported the Planning Board voted 9-0 to recommend approval of this subdivision, subject to
sixteen conditions. She noted that most of these conditions are standard, with
a couple of
exceptions, the first of which is that the developer is required to participate in the funding of
a traffic light at the intersection of Ferguson Avenue and US Highway 191.
Planner Arkell
reminded the Commission that this process was begun with the Valley Commons development,
and that R.R. Nelson has contributed, as will the Bozeman Athletic Club West if that
development occurs. Ms. Arkell said that, based upon the area that will be served by the light,
this developer should be responsible for 10 percent of the light.
She further noted that this
. amount must be paid at the time the light is installed, or at the time fifty percent of Blocks 1
and 2 are developed, whichever occurs first.
The Assistant Planning Director said the second non-standard condition is that this
subdivision may be filed in phases. She noted it is Mr. LeClair's intent
to file the entire
subdivision at one time. She noted, however, that the subdivision regulations
require the
installation of sewer and water plus at least the gravel base for Ravalli Street and Granite
Avenue before the developer may get a building permit for any structure within any phase of
the subdivision. The Assistant Planning Director said that if, due to weather conditions, he is
unable to get that gravel base in, he can file in phases. She said he will have to put in all the
sewer and water infrastructure for all three lots before he can file the plat, and then financially
guarantee the rest of the improvements.
. The Assistant Planning Director said the developer has asked that Condition No.7 be
amended to eliminate the need for a waiver of right to protest the creation of SIDs for Ferguson
Avenue. She said the developer noted at the Planning Board meeting that that condition
requires a waiver for West Babcock Street and also Ferguson Avenue. The Assistant Planning
Director said the developer told the Board that another condition requires him to do
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improvements to Ferguson Avenue adjacent to the subdivision, and that he was currently
paying street SIDs on the property. After research, the Planner said staff found this to be the
case, and that as property develops to the north of West Babcock Street, those property
owners will be charged for improvements to their portions of Ferguson Avenue.
She then
. noted that the Planning Board's recommendations include this requested change.
Ray Center, Rocky Mountain Engineers, said he is representing Ken LeClair and noted
that they have no objections to the recommendations as laid out in the resolution.
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the
Commission approve the preliminary plat, requested by Rocky Mountain Engineers for Ken
LeClair under Application No. P-9745, to allow the subdivision of 21.369 acres known as
Certificate of Survey No. 1510 into three lots for residential and office condominium uses,
subject to sixteen conditions, as follows:
1. The final subdivision plat shall conform to all requirements of the
Bozeman Area Subdivision Regulations (August 1997 version) and the
Uniform Standards for Final Subdivision Plats, and be accompanied by
all appropriate documents, including covenants, certification by the
State Department of Environmental Quality approving the plans and
. specifications for water or sanitary facilities, certification from the City
Engineer certifying that as-built drawings for public improvements were
received, a platting
certificate, and all
required and corrected
certificates. Two cloth back (or equivalent)
and mylar (or equivalent)
copies of the final plat must be submitted for final plat approval, along
with a digital copy of the final plat, on a double sided, high-density 3 %"
floppy disk.
2. The following Certificates shall be corrected on the final plat: a) the
Certificate of Dedication shall be corrected to include the last paragraph
of the certificate, as shown on page 1 07 of the Bozeman Area
Subdivision Regulations; b) the Certificate of Surveyor shall eliminate the
reference to an Hamended" subdivision; c) the Certificate of Planning
Director is no longer required and can be eliminated; and dl the
Certificate of Completion of Improvements must include a signature and
date line for the Director of Public Service.
3. If shown on the final plat, the zoning designation reference shall reflect
the recently amended zoning.
4. Notes shall be added to the final plat that references the presence of
high groundwater in the area, and that structures with basements are
. not recommended, and prohibiting access from Lot 1, Block 2, and Lot
1, Block 3, to Ferguson Avenue.
5. City standard sidewalks (including a concrete sidewalk section through
all private drive approaches) shall be constructed on the new public
street frontages (Granite and Ravalli) of the subdivision in the standard
location (Le., 1 foot off property line) at the time street improvements
are installed. Sidewalks shall be installed on the existing public street
frontages as the phased development progresses.
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6. Stop signs shall be installed on Ravalli and Granite Streets at their
intersections with Ferguson Avenue, at the time the streets are paved.
7. The property owner shall provide and file with the final subdivision plat
a Waiver of Right to Protest Creation of SIDs for improvements to West
Babcock Street. The Waiver shall specify that in the event SIDs are not
utilized for the completion of these projects, the property owner(s) shall
agree to participate in an alternate financing method for completion of
. said improvements on a fair share, proportionate basis as determined by
the square footage of the property, linear front footage of the property,
taxable valuation of the property, or combination thereof. Said Waiver
shall be a covenant running with the land and shall not expire.
8. The subdivider shall participate in funding a traffic light at Ferguson
Avenue and U.S. 191 by paying the City $10,240.70, which is ten
percent (10%) of the estimated cost of the light, at the time the light is
installed, or at the time fifty percent (50%1 of Blocks 1 and 2 are
developed under Major Site Plan Z-97158, whichever occurs first.
A
Promissory Note shall be filed with the final subdivision plat from the
subdivider to the City to reflect this condition.
If the traffic light is
instead installed by local, state, or federal funding, the money shall be
reimbursed to the developer.
9. Prior to application for final plat approval, the subdivider shall enter into
a Memorandum of Understanding with the Gallatin County Weed Control
District, and a copy of the signed document shall be submitted to the
Planning Office with the final plat application.
A Covenant shall be
placed on the final plat requiring the property owner(sl and/or Property
Owners' Association to be responsible for the control of County
declared noxious weeds.
. 10. 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 shall be provided with the subdivision infrastructure
improvement plans and must depict the maximum sized retention 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 site, drainage ways, and finished
lot grades), typical stormwater detention/retention basin and discharge
structure details,
basin sizing calculations, and
a stormwater
maintenance plan.
While the runoff from the individual lots will be dependent on the
intensity of use on each lot, the maximum sizing of the storm retention
facilities for each lot will be established based on maximum site
development. Final facility sizing may be reviewed and reduced during
design review of the final site plan for each lot.
. 11. A Site Grading Plan shall be provided with the subdivision infrastructure
improvement plans. The plan shall include,
at a minimum, existing
contours, final plat contours and where necessary spot elevations after
street and drainage improvements have been constructed, and drainage
flow arrows reflecting final developed lot grading. The plan must
demonstrate that the final plat grading and final property grading will
provide adequate drainage to an acceptable discharge point without
adverse impacts to adjacent down gradient properties. Off-site drainage
facilities and drainage easements or other rights of occupancy shall be
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provided where necessary for conveyance of drainage off site.
12. Plans and Specifications and a detailed design report for water and
sewer main extensions, storm sewers and the public streets, prepared
and signed by a Professional Engineer (PE) registered in the State of
Montana, shall be provided to and approved by the City Engineer and
the Montana Department of Environmental Quality.
The Plans and
Specifications shall accurately show the location and size of all water
. and sewer lines, existing and proposed.
The applicant shall also
provide PE services for construction inspections, 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.
13. The subdivision may be filed in phases, with each block constituting a
phase, or final infrastructure improvements can be financially guaranteed
as allowed in Section 16.22.40, Bozeman Area Subdivision Regulations.
If phased, the project phasing must be clearly delineated on the
infrastructure plans and specifications, and the phasing must be
approved by the City Engineer. Water and
sewer main extensions
necessary to serve the subdivision must be constructed and accepted
by the City prior to final plat approval of Phase 1.
Public street
improvements shall be constructed and accepted by the City, or
financially guaranteed, prior to final plat approval of Phase 1.
No
building permits for Phase I will be issued prior to acceptance of all
water and sewer main extensions for the entire subdivision, and until the
gravel courses required for Granite Avenue and Ravalli Street are
installed. All public street improvements, including
curb and gutter,
. sidewalk and storm drainage facilities for Granite and Ravalli Streets and
Ferguson Avenue shall be completed and accepted by the City prior to
the issuance of building permits for Phase II. However, sidewalks may
be phased on Ferguson Avenue, per condition 5.
14. Ferguson Avenue shall be constructed to a full City standard along its
east side between Fallon Street and West Babcock Street, including curb
and gutter, and storm drainage facilities.
Curb and gutter shall be
located so as to coincide with the alignment of the curb and gutter
already in place between Fallon Street and U.S. 191.
Sidewalk shall
be installed along the east side of Ferguson Avenue, per condition 5.
15. The Montana Department of Fish, Wildlife and Parks, NRCS, Montana
Department of Environmental Quality, and Army Corps of Engineers shall
be contacted regarding the proposed project and any required permits
shall be obtained prior to approval of the plans and specifications for
public infrastructure.
16. Dedicated easements for the water and sewer main extensions that are
not located within dedicated right-of.way, a minimum of 30 feet in
width, shall be provided on the final plat.
Utilities shall be in the City
standard location within each easement. In no case shall a utility be less
. than 10 feet from the edge of the easement.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Frost, Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor
Stueck; those voting No, none.
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Continued DubUc hearing - Variance from Section 18.50.030.D. of the Bozeman MuniciDal Code
- Ed McCrone. The Mill. Ltd. - to allow installation of on-site seDtic tank and drainfield on cas
No. 1877 (C-9721)
This was the time and place set for the continued public hearing on a variance from
Section 18.50.030.D. of the Bozeman Municipal Code, requested by Ed McCrone of The Mill,
. Ltd., under Application No. C-9721, to allow the installation of an on-site septic tank and
drainfield on Certificate of Survey No. 1877.
Mayor Stueck re-opened the public hearing.
Assistant Planning Director Debbie Arkell reviewed the application, noting that the public
hearing was held on October 6, 1997, the decision on the request was continued to November
3, 1997 and, at Mr. McCrone's request, was continued until today. She said that, between
the first two dates, staff met with the City Attorney and Assistant City Manager, after which
Mr. McCrone was advised that he had three options based on issues he had raised at the
October public hearing. The Planner distributed copies of a letter from Mr. McCrone, dated
November 13, 1997, in which he addressed issues raised in Ms. Arkell's memorandum. The
Assistant Planning Director reviewed her memorandum to Mr. McCrone, and the options listed
. therein. Those options are: 1) to amend Section 10 of the Annexation Agreement so that a
sewer main extension will not be an issue with future development; 2) appeal the Planning
Director's administrative interpretation that a variance is needed, to the Board of Adjustment;
or 3) that The Mill, Ltd. can continue with the pending variance application, as originally applied
for.
Mr. Ed McCrone, 2150 Story Mill Road, representing The Mill, Ltd., thanked the
Commission for giving him time to respond, particularly since he initially considered this a
simple variance request. He said his group's main concern is to not give up the rights they
have for the property. Mr. McCrone reviewed his letter, noting the site is a valuable, historic
one and that The Mill, Ltd. members see themselves as stewards of this unique place. He said
. they also realize that economic viability is essential to the preservation of the site, and that
granting this variance is a good first step, particularly since Bozeman will also benefit from
taxes and employee wages, as well as new businesses housed there.
Mr. McCrone noted his group's interpretation of the Code is that this variance is
unnecessary, but they requested the variance in order to clarify future action. He
said that,
failing approval of the variance, the group requests a majority ruling from the Commission on
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its interpretation that a variance is not necessary. Mr. McCrone said he and his group wish to
be able to proceed with the re-development of this site, noting they have already signed a
waiver of protest for the formation of an SID for a sewer line extension, and have attempted
to get their neighbors involved so that all would pay for their fair share of this improvement.
. In response to Mayor Stueck, the City Attorney noted a fourth option is de-annexing
from the City, but stated it is a separate proceeding for which there is statutory provision.
Mayor Stueck commented that requiring the applicant to extend the sewer line 1f3 mile
would be a tremendous expense for Mr. McCrone, and said he feels many in the community
would like to see something done with this area.
Responding to the Mayor, Assistant Planning Director Arkell noted that if de-annexing
were being considered, the group may want to look at amending the zoning.
In response to Commissioner Rudberg, the Assistant Planning Director noted it would
be nice if the City had a zoning designation that would be appropriate for this plan. She said
a Business Park zoning was recommended because in that type of zoning, both residential and
commercial development can be done without a PUD.
. Mr. McCrone noted he had not known he could de-annex from the City. He informed
the Commission that a B-2 zone use would fit the group's plans very well, as would an M-1
zone. He defined the uses of The Mill as a "mixed use mini-center".
Mr. McCrone said the
residential condominiums previously envisioned were planned to pay for the cost of
infrastructure, but they do not want to develop the site any more than necessary.
He
concluded by saying that he prefers not to de-annex if possible.
With no one present to speak against the variance, and with no Commissioner
objections, Mayor Stueck closed the public hearing.
Responding to Commissioner Youngman, the City Attorney said today's decision is on
the variance. He noted that, should the Commission wish to amend the Annexation
. Agreement, he will need to know which terms to amend, and the Agreement will come back
to the Commission for action. The City Attorney said that, if the Annexation Agreement were
amended, Mr. McCrone would still need a variance, or would have to file an appeal to the Board
of Adjustment to overturn the Planning Director's interpretation of the Code. Either way, the
City Attorney stated the Annexation Agreement will have to be amended.
The Assistant Planning Director stated she understands that, if the Annexation
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Agreement were amended to allow all existing buildings to be on a new septic system, then
Mr. McCrone would not need this variance. She said he would then need to deal with relevant
departments to get that new system, and then go through the process required for his building
permit. The Planner stated that, if the Agreement were amended to allow the redevelopment
. of the existing buildings without connecting to sewer, then he would not need the variance.
The City Attorney stated that the Planning Director's interpretation is that the applicant
is creating a new building site and, therefore, needs a variance. He said the Annexation
Agreement is a separate issue, and that Mr. McCrone needs to amend it whether he gets a
variance or appeals Mr. Epple's decision. Responding to Commissioner Frost, the City Attorney
stated the Commission's options are: 1) if the variance is approved, Mr. McCrone still needs
to get relief from from the Annexation Agreement, and staff will bring back an amendment for
Commission consideration, and 2) if the variance is not granted, Mr. McCrone may still appeal
to the Board of Adjustment, and that if the Board overturns the Planning Director's decision,
he will not need the variance, but will still need the Annexation Agreement amended.
Commissioner Frost said the variance does not meet the three criteria set forth by the
. Supreme Court. He noted the hardship is an economic hardship and he cannot support it.
Commissioner Youngman stated her concurrence with Commissioner Frost's comments.
Commissioner Rudberg noted that she realizes the requested variance is contrary to the
rules, but if Mr. McCrone can de-annex the property and then do what the Commission is
denying him, she has a problem with it.
Commissioner Stiff stated he cannot support the variance.
Mayor Stueck noted Mr. McCrone has a lot of options, but the variance evidently will
not be one of them. He recommended that the applicant either go to the Board of Adjustment
and then amend the Annexation Agreement if the Board agrees with him, or de-annex.
The City Attorney reminded the Commissioners that, if they wish to consider amending
. the Annexation Agreement, they can tell him to do so, and it can be done after the variance
vote. He said another option is to amend the Zone Code, so that if Mr. McCrone is not
successful with the Board of Adjustment, he can then apply to change the Zone Code.
He
added that de-annexation carries a lot of issues that should be considered carefully.
It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the
Commission deny the variance from Section 18.50.030.0. of the Bozeman Municipal Code,
11-17-97
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applied for by Ed McCrone of The Mill, Ltd. under Application No. C-9721, to allow the
installation of an on-site septic tank and drainfield on Certificate of Survey No. 1877.
The
motion carried by the following Aye and No vote: those voting Aye being Commissioner
Youngman, Commissioner Frost, Commissioner Stiff and Mayor Stueck; those voting No being
. Commissioner Rudberg.
Mayor Stueck asked for consensus on amending the Annexation Agreement.
The Assistant Planning Director said the Planning Department's interpretation of the
Code is that property inside City limits should connect to City sewer services. She reminded
the Commission that, when property is annexed and where municipal sewer and water are
available, the City requires the developer to hook up immediately, even though a septic system
may be functioning perfectly well. The Planner strongly recommended this course of action.
She further recommended that, if the Annexation Agreement is amended, it be only amended
for the existing buildings and not for new construction on the property.
In response to Mayor Stueck, the Assistant Planning Director agreed that there are lots
within the City limits which have septic systems that are grandfathered in, noting that these
. systems were installed before the present standards were in place, and that the expense of a
long sewer extension could have resulted in a variance.
Commissioner Frost indicated he would agree to amend the Agreement, with staff input.
Commissioner Youngman stated she did not think the amendment would be wise, as
it would intensify the use of septic systems. However, she stated she is willing to consider
such a proporal, although it may not be the best solution.
Commissioner Rudberg commented that Mr. McCrone should decide whether he wants
to de-annex instead, as there is no reason for staff to revise the Agreement if he decides to de-
annex.
Following discussion, Mayor Stueck asked staff to review the Annexation Agreement,
. and bring it back for a future work session or agenda item.
City Manager Johnson said he assumes Mr. McCrone will apply to the City to amend
the Annexation Agreement.
Discussion re comDosition of Broad 5Dectrum Task Force
The City Manager noted that, included in the Commissioners' packets, was a memo
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from Director of Public Service Phill Forbes, dated November 6, 1997, forwarding a list of
thirteen people recommended for the Task Force. As written, he said, those members would
nominate two additional people for the Task Force from four groups not represented among the
thirteen.
. City Manager Johnson said an engineer, working for Williams Engineering, will represent
the Homeowners' Association.
Commissioner Stiff expressed his appreciation for the work staff has done, and the
opportunity for two more un-represented groups to be included. He noted other categories not
included, are those being the large landowner and the farmer/rancher.
Following discussion of Commissioner Stiff's suggestion that the Commission appoint
the other two candidates for the Task Force, the Commissioners recognized that, under the
agreement with Woodward-Clyde, the additional two members are to be appointed by the Task
Force.
Commissioner Youngman noted her hope that the Task Force can move ahead as
expeditiously as possible.
. The City Manager stated that, according to the matrix that was run, only the four
groups listed in the Director of Public Service's memorandum were not represented, and the
larger landowner category is filled by the City of Bozeman, Montana State University and the
Federal Government.
It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the
Commission direct the Task Force to submit an additional two names to the Commission from
the four categories not already represented. The motion carried by the following Aye and No
vote: those voting Aye being Commissioner Stiff, Commissioner Frost, Commissioner
Youngman, Commissioner Rudberg and Mayor Stueck; those voting No, none.
. Appointments to boards: (A) Board of Adiustment: (B) Board of ADDeals: (C) Band Board: (D)
Beautification Advisorv Board: (E) Bozeman Area Bicycle Advisorv Board: (F) Community
Affordable Housing Advisorv Board: (G) Desian Review Board: (H) Pedestrian/Traffic Safety
Committee: (J) Citv-Countv Planning Board: (J) Recreation and Parks Advisorv Board: (K) Senior
Center Advisorv Board: (L) Tax Increment Financina Industrial District Board: (M) TranSDortation
Coordinating Committee: (N) Tree Advisorv Board
Included in the Commissioners' packets was a memorandum from Clerk of the
Commission Sullivan, dated November 13, 1997, forwarding the list of applicants for the
11-17-97
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various boards and commissions.
Board of Adiustment. Commissioner Rudberg noted that, under Section 18.56.010 of
the Bozeman Municipal Code, this board membership can be increased from six to seven.
Accordingly, the Commission re-appointed Ralph Miller to a three-year term on the board, with
. a term to expire on December 31, 2000. Jeff Krogstad was appointed to replace Jody B. May,
with a three-year term to expire on December 31, 2000. Thomas L. Burnett was appointed to
a three-year term on the board, his term expiring on December 31, 2000.
Board of Aeeeals. The Commission re-appointed Gene Brooks to a three-year term, with
a term to expire on December 31, 2000. Don Stueck was appointed to replace Lyle Biekert,
with a three-year term expiring on December 31, 2000.
Band Board. There were no applicants for this board.
Beautification Advisory Board. Joyce Lee was appointed to replace Dora Anderson,
with a three-year term that will expire on June 30, 2000. Marianne Filloux was appointed to
bring the membership up to nine, with a three-year term to expire on June 30, 2000.
Bozeman Area Bicycle Advisory Board. The Commission re-appointed John B. Gallagher
. II, Jennifer Plumley and John Preston to one-year terms on this board, with their terms to
expire on December 31, 1998. Rik Scarce and Mary Benz were appointed to one-year terms
on the board, with their terms to expire on December 31, 1997; and Stan Johnson and
Alexandra Phillips were appointed as alternates until December 31, 1998, to become full
members if the membership of the board is increased in 1998.
Community Affordable Housing Advisory Board. No applications have been received
for the opening on this board.
Desian Review Board. Bill Hanson was appointed to replace Rich Noonan, with a two-
year term to expire on June 30, 1999.
Pedestrian/Traffic Safety Committee. Shirley Sedivy was re-appointed to a two-year
term on this board, with the term to expire on December 31, 1999. The
Commission also
.
appointed Greg Kuhl to a two-year term, to expire on December 31, 1999. In response to the
City Attorney, Mr. Kuhl was named the primary appointment in case of a challenge to the
membership.
City-County Plannina Board. Gordon Vance was appointed to replace Clark Babcock,
with a two-year term to expire on December 31, 1999.
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Recreation and Parks Advisorv Board. Peter Bronken was appointed to replace David
Jones, with a three-year term which will expire on December 31, 2000. Mike Dawkins was
appointed to replace Cyndi Crayton, with a three-year term to expire on December 31, 2000.
Brian Troth was appointed to replace Mary B. Vant Hull, and Steve Sparks was appointed to
. replace Donald Weaver, Jr., both with three-year terms to expire on December 31,2000. Jon
Weidenaak was appointed to fill the unexpired term of Bruce Parker, and will serve until
December 31, 1998.
Senior Center Advisorv Board. Esther Barr and Jean L. Thorson were both re-appointed
to the Senior Center Advisory Board, with two-year terms to expire on December 31, 1999.
Tax Increment Financina Industrial District Board. Bruce Gerlach was re-appointed to
a three-year term, to expire on December 31, 2000.
TransDortation Coordinating Committee. Paul Weingart was re-appointed to a two-year
term on this board, to expire on December 31, 1999.
Tree Advisorv Board. No applications have been received for the two vacancies on this
board.
. In response to the Deputy Clerk's request for direction to readvertise those positions
not filled, the Commission agreed to take a look at the process of filling openings in January.
It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the
Commission approve the appointments made to the boards and commissions. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg,
Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Stueck; those
voting No, none.
Pledged Securities as of September 30. 1997
In compliance with the provisions of Sections 7-6-201 to 7-6-212, Montana Code
Annotated, Commissioner Rudberg and Commissioner Stiff have examined the receipts of
. Depository Bonds and Pledged Securities held by the Director of Finance as security for City
funds deposited in Bozeman banks.
Commissioner Rudberg reported that the inventory of Depository Bonds and Pledged
Securities was found to be in order.
It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the
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Commission approve the Pledged Securities as of September 30, 1997, listed as follows:
DEPOSITORY BONDS AND SECURITIES
SEPTEMBER 30, 1997
RATE MATURITY
RECEIPT NO. TOTAL AMOUNT
. FIRST SECURITY BANK - Bozeman
Federal Deposit Insurance Corporation
$ 100.000.00
TOTAL - First Security Bank - Bozeman
$ 1 00.000.00
AMERICAN BANK - Bozeman
Federal Deposit Insurance Corporation
$ 100.000.00
Sub-total - FDIC
$ 100,000.00
Trusteed with American Bank. N.A.:
Federal Home Loan Mtg. Corp. 7.00 OS/29/2001
182008801 $ 1.000,000.00
Federal National Mortgage Association 8.65 02/10/1998
182007113 200,000.00
U.S. Treasury Note 5.125 06/30/1998
163009416 1,000,000.00
. Federal Home Loan Bank 5.72 03/18/1998
182007117 500.000.00
Federal Home Loan Bank 5.69 03/25/1998
182007118 300.000.00
Sub-total - Trusteed bonds and securities
$ 3.000.000.00
TOTAL - American Bank - Bozeman
$ 3.100.000.00
This is to certify that we, the Commission of the City of Bozeman, in compliance with the
provisions of Section 7-6-207, M.C.A., have this day certified the receipts of the American
Bank, N.A., for the Depository Bonds held by the Director of Finance as security, for the
deposit for the City of Bozeman funds as of September 30, 1997, by the banks of Bozeman
and approve and accept the same.
DON E. STUECK, Mayor
.
JOE N. FROST, Commissioner
JOAN M. RUDBERG, Commissioner
ALFRED M. STIFF, Commissioner
MARCIA B. YOUNGMAN, Commissioner
11-17-97
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The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor
Stueck; those voting No, none.
. Consent Items
City Manager Johnson presented to the Commission the following Consent Items.
Proclamation - .. Bozeman Recycles Dav" - November 15. 1997
Commission Resolution No. 3212 - intent to vacate 4th Avenue S.E. (Ida
Avenue) along the east side of Blocks 22. 23 and 24. Electric Heights
Addition. and the west side of Lots 1-4. Block 1. Graf's First
Subdivision. Second Filing: set Dublic hearing for December 15. 1997
COMMISSION RESOLUTION NO. 3212
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO
VACATE AND ABANDON THAT 30-FOOT-WIDE BY APPROXIMATELY 996.6-
FOOT-LONG PORTION OF 4TH AVENUE S.E. (IDA AVENUE) LYING ALONG THE
EAST SIDE OF BLOCKS 22, 23 AND 24, ELECTRIC HEIGHTS ADDITION, AND
. ALONG THE WEST SIDE OF LOTS 1 THROUGH 4, BLOCK 1, GRAF'S FIRST
SUBDIVISION, SECOND FILING, IN THE CITY OF BOZEMAN, MONTANA.
Commission Resolution No. 3213 - intent to imolement a 3-oercent increase
in base rate in water rate schedule: set Dublic hearing for December 15.
19n
COMMISSION RESOLUTION NO. 3213
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, ORDERING A PUBLIC HEARING BE HELD ON A PROPOSED THREE
PERCENT (3.0%) INCREASE IN THE WATER RATE CHARGED TO CUSTOMERS
OF THE MUNICIPAL WATER SYSTEM.
Commission Resolution No. 3214 - intent to imDlement a 3-Dercent increase
in base rate in wastewater (sewer) rate schedule. and increase the
surcharae rate to 50 Dercent: set Dublic hearing for December 15. 1997
COMMISSION RESOLUTION NO. 3214
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
. MONTANA, ORDERING A PUBLIC HEARING BE HELD ON A PROPOSED THREE
PERCENT (3.0%) INCREASE IN THE WASTEWATER (SEWER) BASE RATE
CHARGED TO CUSTOMERS OF THE MUNICIPAL WASTEWATER (SEWER)
SYSTEM AND A PROPOSED INCREASE FROM THE EXISTING TWENTY-FIVE
PERCENT (25.0%) SURCHARGE TO A FORTY-FIVE PERCENT (45.0%)
SURCHARGE.
Commission Resolution No. 3215 - revised SID Dolicv
COMMISSION RESOLUTION NO. 3215
11-17-97
- 20-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONT ANA, ADOPTING A REVISED SPECIAL IMPROVEMENT DISTRICT POLICY
PROVIDING FOR AN INCREASE IN THE ADMINISTRATIVE FEE, AN OPTIONAL
RESERVE ACCOUNT AND MANDATORY AND OPTIONAL INTEREST RATES ON
ASSESSMENTS.
Authorize eXDenditure of $3.406.51 as Dartial
reimbursement for costs
billed bv the State of Montana Department of Environmental Qualitv for
. the Bozeman Solvent Site for the Deriod ADril1 throuah June 30. 1997
Authorize City Manaaer to sian - Public Access Easement - Steve McGough
- for Dark area at north end of Wheeler Mobile Home Park
Authorize Director of Public Service to sian - ImDrovements Aareement for
Northwest Water Line Trunk Imcrovements for CaDe-France Enterorises
(for Dortion of the Northwest Water Line Droiect to be installed privatelv)
Acknowledae receipt of reauest for extension of sewer services outside city
limits - Gaston Enaineering - Lot 1. Block 2. Pleasant Vallev Subdivision
(5 Valley Driye): refer to staff
Set Dublic hearing for December 15 on Detition for annexation of 89 + acres
known as COS No. 1988 (689 Manley Road) under Title 7. ChaDter 2.
Part 46: authorize Clerk of the Commission to advertise for public
hearina and Plannina staff to Droyide notice
as reauired under
annexation Dolicy
Authorize City Manager to sian - Amendment No.1 to Professional Services
. Aareement for Inflow/Infiltration Study - Damschen & Associates. Inc.
Authorize City Manaaer to sign - Settlement Agreement between City and
SteDhen Bodio
Claims
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that
the Commission approve the Consent Items as listed, and authorize and direct the appropriate
persons to complete the necessary actions. The motion carried by the following Aye and No
vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner
Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none.
Authorize City Manager to sian - Annexation Aareement with XL Limited PartnershiD - 160:t
acres located in the NW%. Section 2. T2S. R5E. MPM (between West Oak Street extended and
. Baxter Lane. immediately west of Rose Park)
Commission Resolution No. 3216 - annexing 160 + acres located in the NWy... Section 2. T2S.
R5E. MPM (between West Oak Street extended and Baxter Lane. immediately west of Rose
Park)
Authorize City Manaaer to sign - Annexation Aareement with Gateway Limited Partners -
148.05 acres located in the SE%. Section 2. T2S. R5E. MPM. exceDtina the W%. W%. NWy...
SW%. SW% and the W%. W. SW%. SW% alona the north side of Durston Road. immediately
west of Annie Subdivision)
Commission Resolution No. 3217 - annexing 148.05 acres located in the SE%. Section 2. T2S.
R5E. MPM. exceDting the W%. W%. NW%. SW%. SW% and the W1h. W. SW%. SW% along
the north side of Durston Road. immediately west of Annie Subdivision)
11-17-97
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Included in the Commissioners' packets were copies of the proposed annexation
agreements and Commission Resolution Nos. 3216 and 3217, as approved by the City
Attorney, entitled:
COMMISSION RESOLUTION NO. 3216
. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, EXTENDING THE BOUNDARIES OF SAID CITY OF BOZEMAN
SO AS TO INCLUDE WITHIN THE CORPORATE LIMITS OF THE CITY OF
BOZEMAN TRACT OF LAND CONTIGUOUS TO SAID CITY, TO BE KNOWN
AS THE BAXTER LANE ANNEXATION (AND FORMERLY REFERRED TO AS
THE XL LIMITED PARTNERSHIP ANNEXATION REQUEST) AND HEREIN
MORE PARTICULARLY DESCRIBED.
COMMISSION RESOLUTION NO. 3217
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, EXTENDING THE BOUNDARIES OF SAID CITY OF BOZEMAN
SO AS TO INCLUDE WITHIN THE CORPORATE LIMITS OF THE CITY OF
BOZEMAN TRACT OF LAND CONTIGUOUS TO SAID CITY, TO BE KNOWN
AS THE WEST OAK STREET ANNEXATION (AND FORMERLY REFERRED
TO AS THE GATEWAY LIMITED PARTNERS ANNEXATION REQUEST) AND
. HEREIN MORE PARTICULARLY DESCRIBED.
City Manager Johnson reminded the Commissioners that he had requested these
items be removed from the Consent Agenda for discussion.
The City Manager said he had seen that, in the Exhibits attached to the annexation
agreement, there were waivers for specific rights. He referred to language that notified the
applicants that waivers to create special improvement districts for other improvements such
as parks may be required in future development. The City Manager stated that the
administration is supporting, in the future, the creation of a city-wide parks maintenance
district, and requested clarification from the Planning Department as to the intent of the
waivers.
Assistant Planning Director Debbie Arkell said that the way Section 9 of the
. Annexation Agreement reads, the City has specific waivers, and landowners were also advised
in the Agreement that, in addition to those waivers, additional waivers of right to protest the
creation of SIDs for other improvements, such as parks, may be required in future development.
She said that this resulted from the August 11, 1997 Commission meeting when the vote was
taken to annex both XL Limited Partnership and Gateway Limited Partners. The Assistant
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Planning Director noted there were very specific conditions attached to the approval which
were to be addressed in the Annexation Agreement. The Planner quoted Joe Sabol, after
discussion on the matter of waivers, as standing at the August 11 meeting to say: "If you want
to include them in the Agreement as FYI in the future, the landowners understands. We don't
. have a problem with that."
The Assistant Planning Director said that City administration is considering a city-wide
parks maintenance district and would like the landowners to sign a waiver now agreeing not
to protest such a district. The Assistant Planning Director said it is her understanding that the
landowner must sign the waiver before the City administration will recommend acceptance of
the annexation agreements.
Responding to Commissioner Frost, the Planner noted that the wording that referred
to waivers". .such as.." was the wording in the staff report, and its intent is for parks.
Responding to Mayor Stueck, the City Attorney said this requires a waiver for the
right to protest SIDs for maintenance in parks. He said that, at subdivision time, this mayor
may not be required.
. The City Manager said that at some point, administration would like to see the whole
City go to a parks maintenance district similar to the street and tree maintenance districts.
Responding to Commissioner Rudberg, the City Attorney said that, when a resolution
of intent to create a maintenance district is passed, a certain percentage of residents may come
in and protest it. He said that, if that percentage exceeds a certain threshhold level, then the
district cannot be created.
Joby Sabol, on behalf of XL and Gateway Partnerships, said he had not had an
opportunity to speak with his clients about this matter, but he said that, from his perspective,
an annexation agreement is a contract between the City and the owners, and these agreements
put the landowner on notice that this mayor may not happen in the future. He understands
. the City now intends to interject into those agreements a city-wide SID for park maintenance
which puts his clients in a very difficult position and raises a question about whether they wish
to sign the agreements without knowing any of the parameters. Mr. Sabol said he does not
feel his clients should be excluded from the creation process for SIDs when it comes to a
discussion of the city-wide parks maintenance district. Mr. Sabol expressed his opinion that
the waiver should not be included in this agreement, and encouraged the Commission to accept
11-17-97
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the annexation agreements as they are presently drafted, without any further modification.
City Manager Johnson stated that this is not a special improvement district; it is a
maintenance fee which will be assessed annually.
Responding to Mayor Stueck, the City Attorney said this had already been done in the
. Valley West annexation, and that it is nothing new.
Assistant City Manager Ron Brey added that this issue arose last spring, when these
annexations were entering the process. He noted that administration was watching the
Legislature in an effort to determine how newly-created parks will be maintained. He
said this
is a tool for addressing that issue, and administration does not want to add to the difficulty of
utilizing this tool if a subsequent Commission decides this is the appropriate way to fund park
maintenance.
Mayor Stueck said he has no problem with obtaining waivers, but that it looks like the
City is adding something after the fact, and that is a concern.
Commissioner Stiff said he views this as putting the property owners on notice.
In clarification to the Planner, the City Attorney said the person signing the waiver
. would be the owner of the land, but cautioned that language must reflect any changes in
statutary definitions implemented by the Legislature. He noted that any waiver signed would
be binding on any heirs or successors, and any residents.
In response to Mayor Stueck, Mr. Joby Sabol said that delaying this action to
December 1 would give his clients more time to review the waiver, but said his clients would
prefer the matter to not be delayed.
The Assistant Planning Director said she had spoken with Tom Lane before the
meeting and had assured him he would have the time to review any changes before a decision
was made, and that she thought this was only fair.
City Manager Johnson apologized for the late hour of the waiver, and said it was his
understanding that this would be standard fare in annexation agreements. He said he did not
. realize until today, when reading through the agreements, that the waivers were not attached.
He said that, if this was not the intent of the Commission, he would not have brought it up for
Commission review at this time.
Following discussion, it was moved by Commissioner Youngman, seconded by
Commissioner Rudberg, that the Commission delay action on their decision until December 1,
11-17-97
- 24-
1997 so that the annexation agreements can be amended to include waivers of right to protest
the creation of a city-wide parks maintenance district, and be reviewed by XL Limited
Partnership and Gateway Limited Partners. The motion carried by the following Aye and No
vote: those voting Aye being Commissioner Youngman, Commissioner Rudberg and
. Commissioner Frost; those voting No, Commissioner Stiff, and Mayor Stueck.
Discussion - FYI Items
(1) Mr. David Smith, Executive Director of the Chamber of Commerce, submitted the
following. (1) Announced there will be a ribbon-cutting ceremony at 2:00 p.m. on Friday,
November 21, 1997 at the new offices of Smith Barney. He noted the Chamber intends to do
a better job of informing the Commission of ribbon-cutting and ground.breaking ceremonies,
and expressed the Chamber's appreciation for the support of and attendance by the
Commissioners at those activities. (2)
Noted the Chamber is on the Highway Commission
agenda in Helena for December 3, for a presentation regarding the Visitors' Center/Chamber
efforts, and solicited the Commissioners' moral and verbal support.
.
Recess - 5.45 D.m.
Mayor Stueck declared a recess at 5.45 p.m., to reconvene at 7:00 p.m., for the
purpose of conducting the scheduled public hearings and completing the routine business items.
Reconvene - 7:00 D.m.
Mayor Stueck reconvened the meeting at 7:00 p.m., for the purpose of conducting
the scheduled public hearings and completing the routine business items.
Public hearing - COA with deviation from Section 18.28.050. BMC. to allow demolition of
existina structure and construction of 1. 700-sauare-foot restaurant with DroDosed oatio seatina
area which encroaches 17 feet into reauired 25-foot front yard setback on Lots 19-21. Block
. 51. West Park Addition - Taylor Architects for Nancy Lurie (720 South 10th Avenue) (Z-97159)
This was the time and place set for the public hearing on a Certificate of
Appropriateness, as requested by Taylor Architects for Nancy Lurie, under Application No.
Z-97159, with a deviation from Section 18.28.050 of the Bozeman Municipal Code, to allow
the demolition of an existing structure and construction of a 1, 700-square-foot restaurant with
11-17-97
- 25 -
a proposed patio seating area which encroaches 17 feet into the required 25-foot front yard
setback on Lots 19 through 21, Block 51, West Park Addition. The subject property is more
commonly located at 720 South 10th Avenue.
Mayor Stueck opened the public hearing.
. Assistant Planner Jody Olsen presented the staff report. She stated the application
is for a minor site plan with a certificate of appropriateness and deviation.
Under the
application, an existing structure is to be demolished and replaced with a new 1, 700-square-
foot building to house a restaurant with an outdoor patio area.
She noted that the subject
property is zoned "B-1", Neighborhood Service; and surrounding zoning designations included
"B-1" to the south, east and west and "R-4, Residential--High-density, to the north. Land uses
include a mixture of commercial and single-family residential.
The Assistant Planner stated that under this application, the proposed patio seating
area encroaches 17 feet into the required 25-foot front yard setback. Staff has reviewed this
request against the criteria for deviations as set forth in the Bozeman Municipal Code, and the
staff's comprehensive findings are contained in the written report which has been submitted
. to the Commission. She noted that, while staff is concerned about the impacts
that this
encroachment might have on the adjacent residential properties, it has determined that, with
the recommended conditions to mitigate those impacts, it should be acceptable.
She then
indicated that the Design Review Board reviewed this application at its meeting of October 28
and, following that review, concurred in staff's recommendation for approval with thirteen
conditions.
Mr. Jerry Taylor, Taylor Architects,
representing the applicant, showed the
Commission a rendering of the proposed building. He then stated that
he has reviewed the
staff report and recommended conditions and feels they are appropriate.
He concluded by
indicating a willingness to respond to questions.
Commissioner Frost indicated he has several questions regarding what appear to be
. duplications or possible conflicts between the 13 recommended conditions and the 36 code
requirements listed. Most of those questions pertained to the landscaping requirements,
including the trees and hedges, and lighting.
Assistant Planner Jody Olsen responded to those questions, noting that the larger
trees are being required to generate the number of landscaping points needed for approval of
11-17-97
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the application. She stated that under Condition No.8, the trees must be %-inch caliper larger
than the standard trees required; and requiring the trees to be of a species similar to those
found in the adjacent residential neighborhood to the north will help to ensure that this site
blends into the neighborhood. She noted that Condition No. 10 requires the lighting for the
. patio to be reviewed because the light fixtures proposed in the submittal do not meet code
requirements. She stressed that this condition dovetails with No. 24 under the code
requirements rather than conflicting with it. She stated that the hedge referenced in Condition
No. 11 is the hedge located in the front yard setback, designed to screen the patio area from
the adjacent residential property to the north, and the code does not allow hedges and fences
to exceed four feet in the front yard. She stated that the hedge referenced in No. 27 under the
code requirements pertains to the hedge along the rear portion of the site which is designed
to screen the parking area from the adjacent residential property. She then indicated that No.
4 under the code requirements would provide for the removal of a proposed sidewalk which
juts out into the driveway. She stated the reason for this condition is that the sidewalk might
encourage people driving in for pick up service to simply park at that location, jump out of the
. vehicle and go in to pick up the food. She noted that elimination of that portion of the sidewalk
could alleviate that tendency.
Commissioner Frost noted that the City is trying to minimize the number of new green
ash trees being planted and encourage the planting of a variety of species, and questioned
whether the City really wants to have green ash trees planted on this site. He then forwarded
his interest in encouraging the applicant to plant a similar type of tree.
No one was present to speak in opposition to the requested deviation.
Since there were no Commissioner objections, Mayor Stueck closed the public
hearing.
It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the
. Commission approve the Certificate of Appropriateness, as requested by Taylor Architects for
Nancy Lurie, under Application No. 2-97159, with a deviation from Section 18.28.050 of the
Bozeman Municipal Code, to allow the demolition of an existing structure and construction of
a 1, 700-square-foot restaurant with a proposed patio seating area which encroaches 17 feet
into the required 25-foot front yard setback on Lots 19 through 21, Block 51, West Park
Addition, subject to the following conditions:
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1. The owner of the property shall indemnify the City of Bozeman
from any claims arising from environmental contamination which
may be found
on the site. The form
and text of the
indemnification shall be acceptable to the City Attorney.
2. The alley shall be paved from the north property line to the
existing pavement south of the property line, and the existing
alley pavement potholes shall be patched to the satisfaction of the
. Street Superintendent. A detail of the paving section to be used
shall be submitted to the City Engineer for review and approval.
3. The existing water service shall be disconnected at the curb stop
by City of Bozeman Water Department personnel prior to
demolition of the existing brick building.
4. A new water service from the curb stop to the building shall be
required, and the new service shall be sized according to a fixture
count for the new building.
If a 1 Y2 -inch or smaller line is
required, the existing line will be reduced accordingly. If a larger
than 1 % -inch
line is required, impact
fees shall be paid
accordingly.
5. The existing service for sewer connection can be utilized if a four
(4) inch line is sufficient in size according to a fixture count for
the new building. The location of a light standard on top of the
sewer service is not recommended.
6. A grease interceptor that meets the requirements of the Uniform
Building Code shall be installed in the kitchen.
. 7. A detail for the proposed wall/bench in the patio area shall be
submitted with the final site plan. This detail will be evaluated by
ADR staff to ensure that it is appropriate for the Neighborhood
Conservation Overlay District.
8. The final site plan shall include one large canopy tree and one
large non-canopy tree in the front yard, plus one canopy tree in
the boulevard. These trees shall be at
least 2 to 2 Y2 inches in
caliper, or at least twelve (12) feet tall, at the time of planting.
The tree species selected shall be similar to tree species found in
the adjacent residential neighborhood to the north.
9. The proposed patio area shall be delineated through the use of
pavers or textured concrete instead of a plain concrete pad, and
shall be shown as such on the final site plan.
10. Any lighting proposed for the patio area shall be of a height and
type that is appropriate for the front yard.
A detail shall be
provided with the final site plan for any lighting in the patio area.
This detail will be evaluated by ADR staff to ensure that it is
appropriate for the Neighborhood Conservation Overlay District.
. 11. A twenty (20) foot long vegetative hedge shall be installed along
the north property line extending from the corner of the property
near South 10th Avenue to the east. This hedge shall be at least
four (4) feet high at planting, and must be maintained at a height
not to exceed four (4) feet.
12. A garbage receptacle shall be provided in the patio area. A detail
for the garbage receptacle, as well as any patio furniture, shall be
provided with the final site plan. These details will be evaluated
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by ADR staff to ensure that they are appropriate for the
Neighborhood Conservation Overlay District.
13. Required site improvements shall not be placed in the public right-
of-way. No landscaping materials required for this project shall be
placed in the public alley adjacent to the property.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
. Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor
Stueck; those voting No, none.
Public hearina - Zone Code Amendment - Greg Gianforte - amend Sections 18.04.510 and
18.54.100.E.2.. Bozeman Municipal Code. to modify the definition of net residential density
and the calculation of residential density for PUDs (Z-97156)
This was the time and place set for the public hearing on the Zone Code Amendment,
as requested by Greg Gianforte under Application No. Z-97156, to amend Sections 18.04.510
and 18.54.1 OO.E.2. of the Bozeman Municipal Code, to modify the definition of net residential
density and the calculation of residential density for planned unit developments.
Included in the Commissioners' packets was a memo from Associate Planner Chris
. Saunders, dated November 6, indicating that the City-County Planning Board has continued its
public hearing on this item until December 2 and requesting that the City Commission continue
its public hearing to December 15.
Mayor Stueck opened the public hearing.
No one was present to speak in support of or in opposition to the proposed zone code
amendment.
It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the
Commission continue the public hearing on this proposed zone code amendment to December
15, to provide the Planning Board an opportunity to conduct its public hearing. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Stiff,
Commissioner Frost, Commissioner Youngman, Commissioner Rudberg and Mayor Stueck;
. those voting No, none.
Discussion - FYI Items (continued)
(2) Copy of letter from Engineering Aide Andrew Kerr, dated November 6, 1997
notifying area residents of changes in street parking on South 6th Avenue and west Harrison
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Street, to allow parking by MSU Permit Only.
(3) Copy of letter from the County Commission to the Bozeman City-County
Planning Board and Planning Office notifying those bodies that, when the County Commission
is ready to implement a public participation process on the "Donut Area", they will be notified.
. (4) Draft minutes of the Bozeman Beautification Advisory Board meeting held
on November 6, 1997.
(5) Agenda for the Board of Adjustment meeting to be held at 1 :30 p.m. on
Thursday, November 20, in the Commission Room.
(6) Agenda for the Development Review Committee meeting to be held at 10:00
a.m. on Tuesday, November 18, in the Commission Room.
(7) Agenda for the Bozeman City-County Planning Board, to be held at 7:00
p.m. on Tuesday, November 18, in the Commission Room.
(8) Agenda for the Gallatin County Commission meeting, to be held at 1 :30
p.m. on Tuesday, November 18 in the Courthouse Community Room.
(9) The City Manager submitted his weekly report, as follows. (1) Spent quite
. a bit of time working on tracking resolutions and agreements pertaining to annexations, dating
back to 1988. He characterized the process as being fairly well cleaned up. He then indicated
that he is working with the County to determine whether or not City property taxes have been
collected on those parcels. (2) Announced that on Sunday, the City Hall team and Fire Hall
team bowled against each other "For Kid's Sake" and raised $2,700 for the Big Brothers and
Big Sisters program.
(10) City Attorney Luwe submitted the following. (1) Announced that the City
has received a lawsuit. He asked that any Commissioner officially served with that
lawsuit
contact him immediately, since that starts the timeframe in which the City must respond.
(2) Announced that he will attend the MMIA board meeting on Friday.
(11 ) Commissioner Frost stated that an article in a recent Newsweek indicated
. that some major cemeteries are opening for public events.
( 12) Commissioner Rudberg asked how the relocation of records to the old jail
cells is progressing.
The Clerk of the Commission responded that many boxes of old records have been
moved over to that location, but not all of them have yet been placed on the shelves. She then
11-17-97
- 30-
indicated that, with the opening of those cells, she is now in the process of moving some of
the paper from her office to that area.
(13) Commissioner Rudberg suggested that the top bin, which is being used for
Commissioner reading materials, include copies of minutes from the various board meetings,
. rather than being distributed as FYI Items in the Commissioners' packets.
(14) Commissioner Rudberg requested that, before the end of the year, the
Commission consider a budget amendment to add two new cars for police administration. She
indicated that the additional monies being received from the beer tax and gambling revenues
could be used to fund the expenditure.
Commissioner Stiff stated he has also forwarded a possible budget amendment to the
City Manager for consideration and asked that it be included in a discussion prior to the end of
the calendar year.
Commissioner Youngman and Commissioner Frost stated they feel the proposed
amendments need to be discussed, expressing concern that the City is receiving no revenues
not anticipated during the budgeting process.
. ( 15) Commissioner Stiff stated that he was in Great Falls on Thursday, but did
not stay to see the Bozeman High School Hawks football team win their game.
(16) Mayor Stueck requested a proclamation for "Week of the Champions", in
recognition of the Hawks teams which are headed to State tournaments.
(17) Mayor Stueck requested that the impact fee issue be placed on an upcoming
agenda for discussion and action.
Commissioner Rudberg suggested that, in light of recent direction from the electorate,
the impact fees be raised to 100 percent.
Commissioner Youngman stated she feels the issue needs discussion prior to action.
Executive Session re personnel
. Mayor Stueck announced his intent to close the meeting and enter into executive
session, under Section 2-3-203(3), M.C.A., to discuss a personnel issue which relates to a
matter of individual privacy. He stated that he has determined the demands of individual
privacy clearly outweigh the merits of public disclosure.
Ms. Ann Arbor Miller, reporter for the Bozeman Daily Chronicle, asked if this executive
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session is for the purpose of a performance evaluation; Mayor Stueck responded that it is not.
At 7:20 p.m., Mayor Stueck called an executive session and asked all of the persons
except the City Manager, Assistant City Manager, City Attorney, Fire Chief, Personnel Director
and Clerk of the Commission to leave the room.
. At 8:02 p.m., Mayor Stueck closed the executive session and reopened the meeting.
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that
the Commission find that the charges have been proven and sustain the Fire Chief's action.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Frost, Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor
Stueck; those voting No, none.
Adjournment - 8:04 p.m.
There being no further business to come before the Commission at this time, it was
moved by Commissioner Youngman, seconded by Commissioner Frost, that the meeting be
adjourned. The motion carried by the following Aye and No vote: those voting Aye being
. Commissioner Youngman, Commissioner Frost, Commissioner Stiff, Commissioner Rudberg and
Mayor Stueck; those voting No, none.
( Ofh? c! ~~~A
DON E. STUECK, Mayor
ATTEST:
Gz/l;fi1;{.9.ir~
.
GilLIAN Z. ERLANDSON
Deputy Clerk of the Commission
.
11-17-97