HomeMy WebLinkAbout1997-09-02 Minutes, City Commission
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONT ANA
September 2, 1997
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The Commission of the City of Bozeman met in regular session in the Commission
. Room, Municipal Building, September 2, 1997, at 3:00 p.m. Present were Mayor Stueck,
Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman,
City Manager Johnson, 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 - Auaust 4, August 11, Auaust 18 and August 25, 1997
It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the
minutes of the meetings of August 4, August 18 and August 25, 1997, be approved as
. submitted and that the minutes of the meeting of August 11, 1997, be approved as amended.
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.
Preliminarv clat - Bridger Greens Townhouses - subdivide 2.77 acres known as Lot 62 and a
cortion of Lot 58, Bridaer Creek Subdivision, Phase L into 18 townhouse residential lots and
realign common boundary between subiect lots ( 1 050 Bovlan Road) - Rex Easton, Golf Course
Partners, Inc. (P~9734)
This was the time and place set for review of the preliminary plat for Bridger Greens
Townhouses, as requested by Rex Easton, for Golf Course Partners, Inc., under Application No.
P-9734, to subdivide 2.77 acres known as Lot 62 and a portion of Lot 58, Bridger Creek
. Subdivision, Phase I, into 18 townhouse residential lots and realign the common boundary
between the subject lots. The subject property is more commonly located at 1050 Boylan
Road.
Senior Planner Dave Skelton presented the staff report.
He stated that under this
application, eighteen townhouse lots are to be created, and this will involve the realignment of
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the lot line between Lot 62 and Lot 58 as well as the realignment of the 20-foot-wide linear
open space/trail corridor and pedestrian trail way.
The Senior Planner stated that staff has reviewed this application in light of the six
public interest criteria as set forth in the Montana Code Annotated, and the comprehensive
findings are contained in the written staff report, which was previously distributed to the
. Commission. He briefly highlighted those findings and forwarded the staff's recommendation
for approval.
Senior Planner Skelton stated that the City-County Planning Board conducted the public
hearing on this preliminary plat at its August 19 meeting.
Following the public hearing and
review of the public interest criteria and the staff report, the Board concurred in the staff's
recommendation for approval, subject to nine conditions.
The Senior Planner stated that no testimony was received during the public hearing
before the Planning Board, however, a letter has been received from Mr. Mike Lilly, attorney
representing Mr. Del Lichtenberg, dated August 19, in which he raises concern about the
potential impact this proposal might have on his client's access to his property, which lies
. southwest of the subject parcel. He cautioned that the access to Mr. Lichtenberg's property
is not contiguous to the parcel which is the subject of this hearing and is, therefore, not
relevant to this review.
Senior Planner Skelton distributed copies of a letter from Mr. Easton, dated September
2, in which he requested that the name of this proposed development be changed from "Bridger
Greens Townhouses" to "Village Greens Townhouses", to avoid any potential confusion with
the "Bridger Greens Condominiums" project currently being developed in the northwest corner
of Phase I of the Bridger Creek Subdivision. He indicated that staff
has no problem with the
requested change in the name of the project.
Mr. Easton indicated a willingness to respond to questions.
It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the
. Commission approve the preliminary plat for Bridger Greens Townhouses, as requested by Rex
Easton, for Golf Course Partners, Inc., under Application No. P-9734, to subdivide 2.77 acres
known as Lot 62 and a portion of Lot 58, Bridger Creek Subdivision, Phase I, into 18
townhouse residential lots and realign the common boundary between the subject lots, subject
to the following conditions:
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1. That the final plat shall comply with Section 16.10.030 of the
Bozeman Area
Subdivision Regulations, and
shall include all
appropriate documents and certificates, including a platting certificate.
Two mylar and two clothback 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.
2. 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.
3. That all references on the preliminary plat and final plat for the
proposed townhouse subdivision be referred to as "Village Greens
Townhouses, Amended Plat of Lot 62 and Lot 58, Bridger Creek
Subdivision, Phase I".
4. That the applicant verify in writing whether or not the property owner
of each townhouse lot will be part of the homeowner's association for
Bridger Creek Subdivision, and if not, the applicant shall prepare by-
laws and protective covenants for the creation of a homeowner's
association for said subdivision for review and approval by the
Planning Office prior to final plat approval.
5. That the applicant verify ownership of, as well as responsibility for
maintenance and upkeep of the open space area along Boylan Road
and internal private driveway, and that the necessary documents and
provisions of said ownership and responsibility are prepared by the
applicant for review and approval prior to final plat approval.
6. That the applicant provide language on the final plat granting the
. applicant permission to relocate the twenty (20) foot wide public open
space/linear trail corridor between Lot 62 and Lot 58 by the Bridger
Creek Homeowner's Association for review and approval by the City
Attorney's office prior to final plat approval.
7. 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 and fifty (150)
percent of the cost of the remaining improvements.
8. 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 and Phase II.
9. That the applicant submit with the application for final plat review and
approval of Village Greens Townhouses a written narrative stating
how each of the conditions of preliminary plat approval has been
satisfactorily addressed.
. 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.
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Discussion re facilities/oolicv for allowina olav of disc golf on oublic orooertv as prooosed bv
Recreation and Parks Advisorv Board
City Manager Johnson noted that several complaints have been received regarding the
playing of disc golf in Lindley Park. He stated that, included in the Commissioners' packets,
was a memo from him, dated August 27, in which he forwarded notes from a meeting with
. disc golfers held on August 26 and information about developing a course.
The City Manager noted that disc golf has been played in Lindley Park for the past
fifteen or twenty years. He stated, however, that a walk through the park revealed that several
different courses have been created, and some of those courses have been marked with ribbons
while others have been marked with paint. He noted that the course identified as the "short
course" is marked with ribbons and has been played for a long time.
Recreation Superintendent Sue Harkin stated there are at least six identified disc golf
courses in Lindley Park, and those different courses have created problems for others using the
park because of frisbees flying into parties and picnics. She noted the worst course
is the
"black" course, which uses a drinking fountain as one of its targets. She
stated the original
course is the "ribbon course", and that is the one used by most of the players. She expressed
. concern that, while tying ribbons around the trees addresses the concern of unsightly paint,
the disc golfers must still hit the tree with the disc, within a certain band on the tree, and that
is resulting in damage to the trees that could eventually kill them.
The Recreation Superintendent stated that eight of the disc golf players attended a
meeting regarding the playing of disc golf in Lindley Park, and they walked the courses to
determine the problem areas. She noted that the ribbon course is typically located around the
perimeter of the park and is generally a safe course, except for a few problem areas where disc
golfers are throwing to a target they cannot see. She then stated that the disc golf players will
meet at 7:00 p.m. tomorrow and will walk the course with anyone who is interested in doing
so and will attempt to identify possibly modifications to remedy the problems identified. She
. also noted that the Recreation and Parks Advisory Board is scheduled to address this issue at
its meeting on Thursday. She suggested that creating only one designated course in the park
could help to alleviate some of the problems. She also noted that, through the installation of
baskets, the course could be more readily identified by both disc golf players and other users
of the park, and the trees would be protected.
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Mr. Tim Riddle, 219 East Lamme Street, distributed copies of information on disc golf
to the Commission. He noted that the information includes a diagram of three
courses in
Lindley Park which reflect a majority of the disc golf traffic and the conflicts they create. He
then stated that he has diagrammed a single course. He
stressed that the single course is
generally located around the perimeter of the park, where other park traffic is minimal, and
. avoids the areas which groups of users typically frequent.
Mr. Riddle stated that he plays disc golf nearly every day. He also noted that disc golf
is a professional sport and, in fact, there is a professional disc golf association and there are
disc golf tournaments. He stated that alternative sites have been reviewed, but none of those
sites are as attractive or provide as good a course as Lindley Park.
Responding to Mayor Stueck, Mr. Riddle stated that Helena has a strictly night course,
and players use glow-in-the-dark discs. He expressed concern about establishing hours during
which disc golf can be played, however, because of the difficulties that could be encountered
in trying to enforce it. He also noted that, with the large number of people who play disc golf,
it would be extremely difficult for them to play within the hours that might be established. He
. stated that a disc golf course has been established at the Bohart Ranch, and that course may
be played only during certain hours because it is on dual purpose land.
Mayor Stueck noted that the City has received several complaints from the owner of
the recreational vehicle parked at the corner of Cypress Avenue and East Curtiss Street because
of the damage that has occurred to his vehicle from those playing disc golf in the park. He also
expressed concern about the spray painting on trees and electrical boxes in the park, stressing
that is inappropriate and illegal. He also noted that, by ordinance,
no hard objects are to be
thrown or otherwise projectiled in a park. He suggested
that, under this ordinance, disc golf
has been an illegal activity for many years, and the City is now attempting to address the
problems it has created while trying to identify a mechanism through which a course can be
developed for those who wish to play.
. Mr. Riddle stated that damage to the recreational vehicle has occurred because it is
located along a very long hole which goes around the curve. He noted that, if the right slant
is not placed on the disc, it will curve the wrong way and hit the vehicle. He stated that, under
his proposed course, that situation would be eliminated. He then indicated that his proposed
course contains 12 holes, and he is having difficulty in developing an 18-hole course that will
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be challenging, not cross itself and avoid the highly populated areas of the park.
He then
stated that, in the disc golf world, a good 12-hole course is better than a short 18-hole course.
Responding to Mayor Stueck, City Attorney Luwe stated this must be viewed in the
same manner as the softball complex or a golf course, recognizing the potential liability that
accompanies such a facility. He stated that if the Commission decides to allow a disc golf
. course in Lindley Park, the standards for courses must be carefully reviewed. He then indicated
that he will research the liability issue.
Responding to Commissioner Rudberg, Mr. Riddle stated that, when shooting toward
a street, it is not uncommon for a frisbee to sail into the street.
He then noted that, on the
proposed course, there is an area where players shoot toward the street, but it is a long hole,
and most people's frisbees will stop well short of the street.
Commissioner Rudberg forwarded her concern that the proposed course covers the
entire park. She noted that children do not recognize the problems they
might incur by
wandering onto the course, and the players may not be aware that the children are there if they
are playing a hole where visibility is limited. She then questioned whether she would feel safe
. in taking children to the park for a picnic knowing the disc golf course exists. She concluded
by forwarding her distress over the paint marks on the electrical boxes and trees.
Mr. Riddle stated he is appalled at the paint marks in the park as well.
He noted that
three new courses have been identified with paint marks in the past three or four weeks:
a
"white course", a "black course" and a "blue/gray course". He stated
it appears the same
small group of people have created those courses, although he has been unable to obtain the
names of those individuals. He forwarded his distress that this has occurred, noting that these
may also be the individuals about whom complaints of rudeness have been made.
Responding to Mayor Stueck, Mr. Riddle stated he feels that the development of a
single designated course, with baskets, could help to address many of the issues and concerns
that have been raised. He then stated that, rather than using baskets, a tone tube course could
. be developed at a significantly reduced cost. He noted that tone tubes are about as challenging
as the baskets and, in fact, may be less visibly obtrusive. He encouraged the Commissioners
to recognize that just a few people seem to be creating problems for the large group of disc
golfers.
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Mayor Stueck stated it is typical that an isolated minority group's bad
behavior creates
a problem for the larger, responsible group.
Park Superintendent John McNeil stated he would like to study this issue
more and see
if there is a way to create an acceptable disc golf course in the park, particularly since this use
has created few problems until recently.
. Responding to Commissioner Rudberg, Mr. Riddle stated that the Lindley
Park Center
grounds are not a viable alternative because there are no trees and the terrain is not interesting
enough. He then noted that a course without trees must be much longer than a course with
trees to make it difficult enough to attract players.
Commissioner Stiff noted the Commissioners have received a letter from
Mrs. Judy
Blackmore, who has been hurt by a frisbee in the past. He then questioned whether the City
can consider the construction of a course this fiscal year, since it has not been included in the
budget.
Mr. Riddle stated that if tone tubes are used instead of baskets, the cost
of the course
would be approximately $1,200 for 18 holes, which is substantially lower than the $5,400 for
. baskets.
Responding to additional questions from Commissioner Stiff, Mr. Riddle
stated that
there are areas of the park which are heavily used, including the area around the parking lots
and the picnic tables, the area around the pavilion and the playground equipment.
He also
noted that the open area at the top of Buttonwood Avenue is heavily used by ultimate frisbee
players. He noted that the perimeter of the park and the bottom area typically do not receive
a lot of use by the general public, and a disc golf course that uses those areas should be
unobtrusive.
Responding to Commissioner Frost, Mr. Riddle stated that the frisbees used
for disc
golf are make out of plastics, and they are flexible enough that they can be twisted. He noted
that they are smaller and are made to cut the wind better than the frisbees used for ultimate
. frisbee. He then noted that there are many different types of discs, made
for different
purposes, such as drivers, putters and mid-range discs. He stated
that, while they are not
hard, they do hurt when they hit someone.
The Commission thanked Mr. Riddle for his presentation and his willingness to work
with the City to create a safe disc golf course.
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ADDlication for Kennel license. Marilvn Hendrv, 24 O'Connell Drive - Calendar Year 1997
Animal Control Officer Connie Lien stated that she had originally recommended
approval of the kennel license application submitted by Marilyn Hendry for 24 O'Connell Drive.
Subsequent to her recommendation, she determined it would be more appropriate to conduct
a discussion about this application, thus allowing neighbors to voice any concerns they might
. have.
The Animal Control Officer stated that Ms. Hendry has had dogs at large
in the past.
She noted that Ms. Hendry has been very responsive to her calls and been willing to address
the issues that are brought to her attention. She stated that the yard is currently fenced, and
Ms. Hendry has indicated her intent to refence it, with a fence which should make it more
difficult for the dogs to escape. She then indicated that Ms. Hendry currently has four dogs,
and forwarded her recommendation for approval of the application, with a limit of four dogs at
any time.
Ms. Marilyn Hendry, applicant, stated that she does volunteer work at the
Humane
Society, and supports the manner in which the shelter is operated. She noted that she loves
. dogs and, as a result, is interested in providing foster care as needed. She then indicated that
she has several rental properties and is willing to rent to people with pets, and she has
encountered no problems as a result of that policy. She stated that one of her dogs is old and
very sick, and may not live much longer. She expressed concern about the proposed limitation
of four dogs on her kennel license, stating that she may wish to replace this dog.
Responding to Commissioner Rudberg, Animal Control Officer Lien stated
that the
Commission may establish a limitation on the number of animals allowed, or it could require any
change to be submitted for review. She then noted that, under the
current regulations, one
may keep a dog in foster care for two weeks without triggering the requirement for a kennel
license.
Responding to Commissioner Youngman, Ms. Hendry stated she intends to install
the
. highest fence allowed under City codes.
Further responding to Commissioner Youngman, Ms. Hendry stated she has
not talked
to her next door neighbors about the possibility of serving as a foster home for dogs.
She
noted that she is out of town quite a bit to maintain her rental properties in Jackson Hole and
in Idaho, and she takes her dogs whenever she goes.
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It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the
Commission approve the application for a kennel license for Marilyn Hendry, 24 O'Connell
Drive, for Calendar Year 1997, with a limitation of four dogs.
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.
Ordinance No. 1447 - fixina the monthly salary and official bond for City Judae
Previously distributed in the Commissioners' packets was a copy of Ordinance No.
1447, as approved by the City Attorney, entitled:
ORDINANCE NO. 1447
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, FIXING THE MONTHLY SALARY AND OFFICIAL BOND OF THE
CITY JUDGE OF THE CITY OF BOZEMAN AS REQUIRED BY THE STATE
STATUTES AND THE BOZEMAN MUNICIPAL CODE.
It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that
the Commission finally approve Ordinance No. 1447, fixing the monthly salary and official bond
. for the City Judge. The motion carried by the following Aye and No vote: those voting Aye
being Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff, Commissioner
Frost and Mayor Stueck; those voting No, none.
Ordinance No. 1448 - establishing an initial zoning designation of R-3 on 2.969 acres known
as COS No. 947, located in the SW%. Section 11, T2S. R5E, MPM (alona south side of 3300
block of West Babcock Street for Bozeman Interfaith Housina II croiect)
Included in the Commissioners' packets was a copy of Ordinance No. 1448, as
approved by the City Attorney, entitled:
ORDINANCE NO. 1448
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING THE BOZEMAN ZONE MAP'S ZONING DISTRICT
. DESIGNATIONS BY ESTABLISHING AN INITIAL ZONING DESIGNATION OF "R-
3" (RESIDENTIALnMEDIUM-DENSITY) ON 2.969 ACRES lOCATED IN THE
SOUTHWEST ONE-QUARTER. SECTION 11, TOWNSHIP 2 SOUTH, RANGE 5
EAST, MONTANA PRINCIPAL MERIDIAN.
It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the
Commission provisionally adopt Ordinance No. 1448, establishing an initial zoning designation
of R-3 on 2.969 acres known as cas No. 947, located in the Southwest Quarter, Section 11,
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Township 2 South, Range 5 East, Montana Principal Meridian, and that it be brought back in
two weeks for final adoption. The motion carried by the following Aye and No vote: those
voting Aye being
Commissioner Rudberg, Commissioner
Stiff, Commissioner Frost,
Commissioner Youngman and Mayor Stueck; those voting No, none.
. Ordinance No. - Tentative Appropriation
Ordinance for Fiscal Year 1997-1998
Included in the Commissioners' packets was a copy of the Tentative Appropriation
Ordinance, as approved by the City Attorney, entitled:
ORDINANCE NO.
~
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, APPROPRIATING CITY FUNDS FOR VARIOUS BUDGET UNIT
EXPENDITURES, AND FURTHER APPROPRIATING REVENUE NECESSARY TO
OPERATE AND MAINTAIN CITY SERVICES FOR SALARIES, OPERATIONS
AND CAPITAL FOR EACH OPERATIONAL BUDGET UNIT OF MUNICIPAL
GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30, 1998.
It was moved by Commissioner Stiff, seconded by Commissioner Frost, that
the
Commission provisionally adopt the Tentative Appropriation Ordinance for Fiscal Year 1997-
1998 and set the public hearing for September 15, 1997. 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.
Award bid for automated garbage collection truck - reiect bid for Schedule I (cab and chassis);
award bid for Schedule II (packer) to SOl Refuse Equipment, Spokane, Washington, in the total
bid amount of $51 ,512.00
City Manager Johnson noted that, included in the Commissioners' packets
was a memo
from Assistant Street/Sanitation Superintendent Tom Wold, dated August 27, recommending
that the bid for the cab and chassis be rejected and that it be rebid and that the bid for the
packer be awarded to SID Refuse Equipment, Spokane, Washington, in the total bid amount
of $51,512.00. He noted that, as a result of telephone calls, he anticipates more than one bid
. will be received for the cab and chassis during the rebidding process.
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the
Commission reject the bid for Schedule I, cab and chassis, and authorize and direct staff to
rebid it, and award the bid for Schedule II, packer, to SOl Refuse Equipment, Spokane,
Washington, in the total bid amount of $51,512.00. The motion carried by the following Aye
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and No vote: those voting Aye being Commissioner Frost, Commissioner
Youngman,
Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none.
Discussion re possible acauisition of Chronicle Building
City Manager Johnson submitted to the Commission a memo, dated August 29, in
. which he forwarded responses to many of the questions and issues previously raised by the
Commission regarding possible acquisition of the Bozeman Daily Chronicle building. He briefly
reviewed the information contained in the memo and the basis for some of the cost estimates
he has forwarded.
The City Manager noted that the Chronicle building was built in two phases.
The
original building was constructed as a clear span structure; therefore, none of the walls in that
portion of the building are bearing walls and could easily be moved or removed. He also noted
that new divider walls could be easily constructed to create separate rooms for private offices
or conference rooms. He then stressed that his cost estimates for renovation of the building
to make it usable for City offices do not include any work in the existing dark room, paper
. storage or printing areas. He also noted that no monies have been included in his estimates
for acquisition of new furniture or divider systems.
City Manager Johnson concluded b
y forwarding his recommendation that the
Commission authorize offering $1 million for purchase of the Chronicle building.
Mr. Mike McKenna, realtor, stated that the Bozeman Daily Chronicle has received an
offer from the Salvation Army for an amount well in excess of $1 million, with the Chronicle
financing a portion of the purchase price. He noted that
Mr. Coffman, Publisher of the
Bozeman Daily Chronicle, is still encouraging the City to consider forwarding another offer,
since the original offer has been countered. He recognized
that the City must live within its
constraints, but asked the Commission if there might be a feasible approach that could be
forwarded in another offer.
. Responding to Commissioner Stiff, Mr. McKenna suggested that options might include
trading an existing piece of property for a higher offer that contains a balloon payment, at no
interest, after a specified time, such as ten years.
Mayor Stueck expressed concern about competing against the Salvation Army for this
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building. He characterized it as the Salvation Army "bidding
against the taxpayers and then
wanting the taxpayers to donate to them".
Mr. McKenna stated that, from his conversations with Mr. Coffman, it is
evident the
Chronicle would like to see the City make a legitimate effort to acquire the facility. He further
recognized that the building would be ideal for City offices, given its location and configuration,
. the future needs of the community and the costs of new construction.
Responding to Commissioner Stiff, Mr. McKenna stated he does not know the
amount
of the Salvation Army's offer, although he estimated it is $1.1 or $1.15 million.
Commissioner Rudberg stated it is important to recognize the City does
not have as
much money as the Salvation Army. She expressed concern about what type of facility they
might propose for this site, noting that some possible activities might not be appropriate in a
downtown location.
Responding to Mayor Stueck, Administrative Services Director Gamradt stated
that
including a balloon payment in the offer will obligate a future Commission and future taxpayers.
He cautioned that, if existing constraints are in effect when the payment is due and monies are
. not readily available to fund the payment, funding will need to be cut in other areas to cover
the payment.
Responding to Mayor Stueck, Mr. McKenna stated that, based on the appraisal
of the
United Building Center building and the sale prices of the last two buildings in the downtown
area, the appraisal for the Chronicle building should be in the $1.1 to $1.15 million range.
Responding to Commissioner Frost, the City Manager stated that, as of this
time, he
has not identified any specific sources from which to pay the difference between the sale of
the Carnegie Building and the purchase of the Chronicle building. He then forwarded estimated
costs of borrowing monies at 5 percent over ten years, as follows:
$46,000 per year for a
$335,000 loan, $61,668 per year for a $500,000 loan, and $74,786 per year for a $600,000
loan. He indicated his preference is to borrow as little as possible,
suggesting that the
. Commission may wish to consider using some of the proceeds from the sale of the Haynes
Building and possibly some General Fund monies to keep the payments as low as possible.
Commissioner Frost characterized the General Fund reserves as "painfully
low" and
stated that, while he prefers to borrow as little as possible, he does not view those reserves
as a viable funding source. He then suggested that, since the additional revenues from the beer
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tax may only last two years, they might serve as a possible source for reducing the amount to
be borrowed. He concluded by forwarding his support for offering $1 million for the Chronicle
building at this time.
Commissioner Stiff
noted that the City Hall was originally designed with a second
. story, and has been constructed for th'at potential. He then asked if that has been considered
as a possibility for providing additional space for City offices.
Assistant City Manager
Ron Brey stated that he has done some preliminary work on
this possibility, noting that one of the biggest problems with adding a second floor on the
existing structure is that it will first need retrofitting to bring it up to current Uniform Building
Code standards, particularly for seismic activity.
He also noted that the lack of parking
continues to be a problem for the existing facility, and that would be compounded with an
expanded facility. He then estimated that the costs
of a second floor on the City Hall would
be well in excess of the $1 million being considered for purchase of the Chronicle building.
Commissioner Rudberg
stated she feels it is very important to provide new work areas
and some windows for the employees.
. Responding to Commissioner
Stiff, Mr. McKenna stated the City has fourteen days
remaining on the offer to purchase the Carnegie Building. He then indicated that the Chronicle
representatives have indicated an intent to make a decision on the offer from the Salvation
Army in two days, noting that decision might include a counter offer.
City Manager Johnson
stated staff views this offer as the City's last and best, based
on its financial
capabilities, noting that
a counter offer is not
contemplated in his
recommendation.
Responding to Commissioner
Frost, Mr. McKenna confirmed that the United Building
Center building and the Bozeman Professional Building are still available.
Commissioner Frost
stated that, while he agrees the Chronicle building would be the
best in terms of location and type of building, he feels the Commission must also consider the
. other buildings as options.
Mayor Stueck forwarded
a proposal that the Commission authorize a $1.150 million
offer, with $200,000 to be deferred for a period of five years.
Commissioner Rudberg
indicated her support for the Mayor's suggestion.
09-02-97
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Commissioner Youngman stated she is uncomfortable with forwarding an offer which
is higher than staff's recommendation.
Commissioner Stiff stated he cannot support offering more than $1 million, noting that
he had agreed to move forward with attempting to acquire the Chronicle building on the
assumption it could be accomplished for $900,000. He indicated that,
at this time, he could
. support moving forward with the offer as proposed by the City Manager, contingent upon the
offer being equal to or less than the appraised value. He further
suggested that the seller be
required to cover the cost of the appraisal.
Mayor Stueck indicated his willingness to support a $1 million
offer. He then
recognized that, if this offer is not accepted, the City still has the option of considering the
Bozeman Clinic building, which has 22,000 square feet and a listing price of $950,000.
Mr. McKenna noted that the owners of the Bozeman Clinic are interested in receiving
$250,000 initially and financing the balance, at an unknown interest rate.
It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that
the Commission authorize forwarding a counter offer of $1 million for purchase of the Chronicle
. building, contingent upon the appraisal being equal to or greater than that amount and that the
seller pay the costs of the appraisal. with any financing options to "sweeten the pot" being
given consideration. The motion carried by the following Aye and No vote: those voting Aye
being Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff, Commissioner
Frost and Mayor Stueck; those voting No, none.
Discussion - FYI Items
City Manager Johnson presented to the Commission the following
"For Your
Information" items.
(1 ) Notice of the Bozeman Fire Department second annual Fire Officers
Retreat,
to be held on September 4, 1997.
. (2) Letter of resignation from the Cemetery Board, dated August 23, 1997, as
submitted by Carroll V. Henderson.
(3) Letter of resignation from the Cemetery Board, dated August 23, 1997, as
submitted by Robert G. Duntsch.
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(4) Letter of resignation from the Cemetery Board, dated August 25, 1997, as
submitted by Robert Evans.
(5) Letter of resignation from the Beautification Advisory Board, dated August
24,
1997, as submitted by Dora Anderson.
Responding to Commissioner Rudberg, Clerk of the Commission Sullivan indicated that
. she sends letters to board members when they resign or opt not to apply for another term.
(6) Letter from Anne Marie DuBois, 1217 West Dickerson Street, dated August
29, 1997, concerning City tree trimming.
Commissioner Rudberg asked that the Clerk of the Commission respond to this letter.
(7) Letter from John F. Neuman, 516 Westridge Drive, dated August 26, 1997,
forwarding a petition in opposition to using Westridge Drive as the detour for construction on
the middle portion of the South 3rd Avenue project, due to the anticipated impacts it will have
on already hazardous situations.
The City Manager stated that Westridge Drive and Arnold Street will serve as the
detour for the South 3rd Avenue project, thus avoiding some of the concerns which Mr.
. Neuman has forwarded. He then stated that if the residents in that
area wish to have the
street closed at South 3rd Avenue, they must follow the process established in the State
statutes for seeking the closure.
(8) Copy of the Bozeman Traffic Watch Program, as forwarded in a memo from
Neighborhood Coordinator/Grantsperson James Goehrung, dated August 29.
(9) Corrected minutes of the meeting of the Cemetery Board held on March 20,
1997.
(10) Minutes of the meeting of the Cemetery Board held on May 1, 1997.
(11 ) Agenda for the Development Review Committee meeting, to be held
at 10:00
a.m. on September 2, in the Commission Room.
(12) Agenda for the City-County Planning Board meeting, to be held at
7:00 p.m.
. on September 3, 1997, in the Commission Room.
( 13) The City Manager submitted his weekly report, as follows. (1) Stated
that he
and Assistant City Manager Brey spoke at a noon luncheon meeting of engineers today.
(2) Spoke at the Noon Kiwanis Club meeting last week. (3)
Announced that the beaver and
their dams are continuing to create a flooding problem in the Dell Place area. (4) Announced
09-02-97
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that geese are creating problems at the East Gallatin Recreation Area, since they are attacking
children. He stated that he has taken steps to bring the situation under control.
( 14) City Attorney Luwe announced that Assistant Planner Saunders is
preparing
a memo to distribute to the Commission for the public hearing on the annexation request. He
stated that a privately-owned parcel separates the subject property from city limits, therefore,
. it cannot be annexed under the section of statute currently being followed. He stated there are
several other options in the State statutes under which annexations may be completed. Staff's
recommendation is that the Commission proceed with the public hearing and then determine
if it wishes to proceed with annexation under a different section of the statutes. He then noted
that staff has been unsuccessful in its attempts to reach the applicant today to inform him of
the situation.
(15) City Attorney Luwe encouraged the Commissioners to remember that the City may
realize increased revenues from the beer tax only until the next legislative session.
The City Manager forwarded his concern that in two years, the Legislature may
eliminate the increased revenues plus decrease the amount the cities have previously received
. to make up the shortfall the State is incurring in light of the legislative change.
Consent Items
City Manager Johnson presented to the Commission the following Consent Items.
Request for permission to conduct Bozeman Hiah School Homecoming Parade -
Saturdav, SePtember 27 , 10:00 a.m. - Main Street from Wallace
Avenue to 11 th Avenue
Commission Resolution
No. 3198 - intent to create
SID No. 664 -
improvements to 640.02-foot lona portion of West Beall Street Iving
between its current terminus west of North 23rd Avenue and North
25th Avenue: set public hearina for October 6, 1997
COMMISSION RESOLUTION NO. 3198
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF
. BOZEMAN TO CREATE AN EXTENDED SPECIAL IMPROVEMENT DISTRICT
NO. 664 FOR STREET IMPROVEMENTS FOR THE ENGINEERING DESIGN,
CONSTRUCTION, INSPECTION
AND ENGINEERING CERTIFICATION
OF
ASPHAL T CEMENT PAVING, GRAVEL BASE COURSES AND SUBGRADE
PREPARATION, CURB, GUTTER AND SIDEWALKS, STORM DRAINAGE AND
ALL NECESSARY APPURTENANCES TO CONSTRUCT A 640.02-FOOT LONG
PORTION OF WEST
BEALL STREET LYING
BETWEEN ITS CURRENT
TERMINUS WEST OF NORTH 23RD A VENUE AND NORTH 25TH A VENUE, IN
THE CITY OF BOZEMAN, MONTANA, AND FINANCING THE COSTS THEREOF
AND INCIDENTAL THERETO
THROUGH THE ISSUANCE
OF SPECIAL
09-02-97
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IMPROVEMENT DISTRICT BONDS SECURED BY THE CITY'S SPECIAL
IMPROVEMENT DISTRICT REVOLVING FUND.
Commission Resolution No. 3199 - levying and assessing delinauent snow
removal assessments for Fiscal Year 1997
COMMISSION RESOLUTION NO. 3199
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
. MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON
CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY
OF GALLATIN, STATE OF MONTANA, UNLESS PROVISIONALLY EXEMPTED,
TO DEFRAY THE COST AND EXPENSE FOR REMOVAL OF SNOW AND ICE
FROM SIDEWALKS IN THE CITY OF BOZEMAN UNDER THE PROVISIONS OF
CHAPTER 12.24 OF THE CITY OF BOZEMAN MUNICIPAL CODE.
Authorize Mayor to sign - Findings of Fact and Order - Minor Subdivision of
Lot 46, Bridaer Creek Subdivision, Phase I - subdivide 0.626-acre lot
located in the NEv:.., Section 31, T1S, R6E. MPM into two townhouse
lots (2408 Par Court)
Authorize Mayor to sian - Findings of Fact and Order - Master Plan
Amendment - Aaker/Payne/Scenic Developers - amend land use
element of the Bozeman Area Master Plan to "Urban Residentiallnfill"
on approximately 3.1 acres and to "Commercial" on 56.33 acres,
contingent upon annexation
Approve corrections to minutes of meetina of February 18,
1997, to
accurately reflect motion
re Master Plan
Amendment for
Aaker/Payne/Scenic Developers
. Authorize City Manaaer to sign - Sewer Pipeline and Access Easement and
Aareement with Estate of Euaene Graf. Jr. , - 3D-foot-wide sewer
easement across portion of Graf's 4th Addition. located in the SWY4 ,
Section 19, T2S, R6E, MPM (for Sundance Sprinas)
Authorize City Manager to sign - Public Street, Sanitary Sewer and Water
Pipeline Easement Aareement with Peter K. Nelson and PT Land - 30-
foot-wide easement for water pipeline for Hampton Inn proiect
Authorize City Manaaer to sign - Greenway Homeowner's Association - 300-
foot-wide easement across common area in Greenway Subdivision,
located in the NWY4 , Section 11. T2S, R5E. MPM
Authorize City Manaaer to sign - Amendment No.1 to Professional Services
Agreement for 1997 Sewer Rehabilitation proiect - Thomas, Dean &
Hoskins, Inc.
Acknowledge receiPt of application for annexation - "Montana Meadows
Annexation" - Morrison-Maierle, Inc., for Alan and Rhonda Rose
Diecksler: Pedro and Olga M. Adrain: and Sidney and Ethel Dvkstra -
. 157 + acres located alona north side of Durston Road, west of
Cottonwood Road (A-97D7)
ExemPtion from subdivision review for relocation of common boundary and
create Lots 19A and 21 A from Lots 19, 20 and 21 , Roecher's Re-
arrangement of Block 30, Park Addition - John & Colleen Jaramus and
Lillian & Donald Godward (415 and 419 West Dickerson Street)
(Z-9693)
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Authorize City Manaaer to sign - Water Purchase Contract between the Middle
Creek Water Users' Association, the DeDartment of Natural Resources
and Conservation and the City of Bozeman - 5,319 acre feet of water
for use between October 1 and SeDtember 30 of each year
Authorize City Manager to sian - Change Order No. 4 for Senior Center
EXDansion - Rotherham CooDer , Inc. - add $4,695.00 and 0 calendar
mw.
. Authorize Mayor to sian - Findings of Fact and Order - Preliminary Dlat for
West Babcock Street manufactured Home Court - subdivide 20.1542
acres located in the SW~ , Section 11 , T2S, R5E. MPM into 92
SDaces for lease (south side of 2700 block of West Babcock Street)
Authorize Mayor sign - Quit Claim Deed ~ southerlY 30-foot-wide Dortion of
vacated East Curtiss Street. as vacated by Ordinance No. 567 , lying
adiacent to Lot 1 , Block C, Marwyn Addition - The Harold A. and Alice
G. Fryslie Trust
Authorize Mayor sign - Quit Claim Deed - southerly 30-foot-wide Dortion of
vacated East Curtiss Street, as vacated by Ordinance No. 567. lying
adiacent to Lot 2. Block C. Marwyn Addition - Gene S. Brooks and
Barbara A. Brooks
Authorize Mayor sian - Quit Claim Deed - southerlY 30-foot-wide Dortion of
vacated East Curtiss Street. as vacated bv Ordinance No. 567. lying
adiacent to Lot 3 Block C. Marwyn Addition - Eldon H. Dahl
Authorize Clerk of Commission to advertise - intent to adoDt Commission
Resolution No, 3200.
revisin 9 auidelines for
CDBG Economic
. DeveloDment Revolvina Loan Fund
Reauest for Dermission to conduct fun run ~ MSU Pre-Physical TheraDY Club -
Saturday, October 11.9:00 a.m. - beginnina and ending at Sacaiawea
Middle School
Building InsDection Division reDort for JulY 1997
Claims
It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, 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 Rudberg, Commissioner Stiff, Commissioner Frost,
Commissioner Youngman and Mayor Stueck; those voting No, none.
. Recess - 4:50 D.m.
Mayor Stueck declared a recess at 4:50 p.m., to reconvene at 7:00 p.m., for the
purpose of conducting the scheduled public hearings.
09-02-97
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Reconvene - 7:00 p.m.
Mayor Stueck reconvened the meeting at 7:00 p.m., for the purpose of conducting
the
scheduled public hearings.
Public hearing - Drooosed removal of temDorarv traffic circles on Yellowstone Avenue at Ravalli
. Street and Toole Street
This was the time and place set for the pUblic hearing on the proposed
removal of
traffic circles on Yellowstone Avenue at Ravalli Street and Toole Street.
Mayor Stueck opened the pUblic hearing.
City Manager Johnson reminded the Commission that one of the conditions
for
approval of the Valley Commons Planned Unit Development was the installation of temporary
traffic circles on Yellowstone Avenue at Ravalli Street and Toole Street, with any permanent
traffic circles to be paid for by the property owners in the immediate vicinity, in compliance
with City policy. He noted that the traffic counts on Yellowstone
Avenue have decreased
significantly between October 1995, when the traffic circles were installed, and March 1997.
He noted that a part of the reason for the decrease in traffic might be the extension of Fowler
. Avenue from West Babcock Street to US Highway 191.
The City Manager stated that the Neighborhood Coordinator/Grantsperson
solicited
comments from staff members and other community organizations, including the ambulance
service and Karst Stage, about the traffic circles and sent questionnaires to the property
owners who would be affected by the installation of permanent traffic circles. He forwarded
a synopsis of the information gathered, as follows. Staff recognized it would be easier to plow
if the traffic circles were not there, but find that it is possible to plow around them. He noted,
however, that staff has found that a vehicle points directly toward a fire hydrant when
maneuvering around a traffic circle, and that could create problems if one went into a skid on
ice. He also noted that people cutting around the circles the wrong way
when making a left
. turn also pose a hazard.
The City Manager noted that the man who runs the mail route in Valley Unit
Subdivision has indicated that when he stops at the mailboxes, his vehicle blocks the
intersection because the mailboxes are located close to the intersection.
The mailman
indicates, however, that he is neutral about the traffic circles. The City Manager then stated
09~O2-97
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that the ambulance service is neutral about the circles; however, the Fire Department has
trouble maneuvering its trucks around them and extreme difficulty in attempting left turns with
the larger vehicles. He then indicated that police officers are generally neutral about the traffic
circles except for difficulty in negotiating them when in pursuit.
The City Manager stated that the school bus driver has forwarded his concern that the
. traffic circles seem to create a false sense of security for other drivers, who sometimes feel
that they do not need to stop because of the circles. The driver
also forwarded his concern
that he is unable to pull into the intersection to protect the school children from all directions,
particularly since it is not uncommon to have children coming from every direction to the school
bus stop.
The City Manager concluded his report by noting the Commissioners have received
copies of several letters in their packets and a memo from the Neighborhood Coordinator
summarizing the input he received from the residents.
Ms. Bonnie Lynn, 505 South Yellowstone Avenue, forwarded her support for the traffic
circles, even though they are a nuisance to drive around. She stated they have been effective
. is slowing the traffic on Yellowstone Avenue and, with the small children along the street, she
feels that is important.
Ms. Lynn reminded the Commission that the traffic circles were installed in conjunction
with a commercial planned unit development that has not yet been developed. She expressed
concern that this proposed removal of the traffic circles is premature and encouraged the
Commissioners to vote to retain them.
Ms. Gina Morrison, 501 South Yellowstone Avenue, stated her support for keeping the
traffic circles in place. She noted that there are many children in the neighborhood,
and the
traffic circles have provided a safer environment for them.
She stated there is a pretty high
percentage of people in the area who would like to see the traffic circles remain, many of
whom may not have responded to the survey. She requested that she and Ms. Lynn be given
. an opportunity to go door to door in an effort to obtain input from a higher percentage of the
residents, stating she feels the results will change dramatically from those presented at the
beginning of this public hearing.
Mr. Bob Falling, 3805 Toole Street, stated his opposition to the traffic circles,
indicating they do not seem to be very effective. He noted that many drivers do not even slow
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down for the traffic circles. He then addressed the concerns raised by the school bus driver,
reminding the Commission that children gather on the curb well before the school bus arrives
and, with the traffic circles, the cars pass approximately fifteen feet closer to the children than
they would at a typical intersection.
Mayor Stueck noted that, of the 52 property owners notified, 63 percent
of them
. responded and, of those, 87 percent stated no to the installation of permanent traffic circles.
Since there were no Commissioner objections, Mayor Stueck closed the public hearing.
Commissioner Frost stated he was on the Commission when the temporary traffic
circles were required in conjunction with approval of the Valley Commons Business Park
planned unit development, in response to neighborhood concerns about the volume and speeds
of traffic on Yellowstone Avenue. He noted it had been his hope that more development would
have occurred before removal of the traffic circles was considered, and suggested that they be
allowed to remain for a while longer. He suggested that the bus stop
could be relocated to
mid-block, thus avoiding the safety concerns which have been raised.
Commissioner Frost recognized that traffic circles are a hindrance, noting that is their
. purpose. He then noted that those drivers who run into them are either traveling
too fast or
not paying attention, neither of which is an acceptable reason. He then noted that the reason
87 percent of the respondents indicated they did not want permanent traffic circles is because
they do not want to pay for them.
Commissioner Frost stated his support for giving Ms. Lynn and Ms. Morrison an
opportunity to talk to their neighbors about the traffic circle, and whether they want the circles
to remain. He expressed concern that, in conjunction with removal of the circles, traffic speeds
will dramatically increase because of the long, straight stretch of road with no breaks except
a stop sign at West Babcock Street.
Commissioner Frost concluded by stating his preference is to leave the traffic circles
in place. He stated, however, that he will support the neighborhood desires and, if a majority
. of them want the traffic circles removed, he will vote to do so.
Commissioner Youngman suggested that the temporary traffic circles be allowed to
remain as long as they are in good shape. She noted that,
at the present time, Valley
Commons has not been developed, and the attendant traffic has not been generated.
She
indicated a willingness to remove the traffic circles if that is what the neighborhood wants, but
09-02-97
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she is concerned about the impacts that will have. She then suggested that if the Commission
decides to remove the traffic circles, it should consider four-way stops at the intersections
where they are removed.
Commissioner Rudberg noted that the traffic circles were installed nearly
two years ago
and, after a period of time, the neighbors were to be notified about whether they wanted those
. circles to be permanent. She stated that process has been followed, and an overwhelming
percentage of those responding to the survey responded in the negative. She stated that, in
light of that information, she feels it is appropriate to remove the traffic circles rather than
leaving them in place.
Commissioner Rudberg then forwarded her interest in the safety of the school
children,
stating she is concerned about any device which pushes vehicular traffic closer to them. She
concluded by stating her support for removal of the temporary traffic circles.
Commissioner Stiff stated that he carefully reviewed the wording of the
survey to
determine whether it was inappropriately worded to generate the results it did, and he found
nothing. He then stated that the process has worked the way it was set up two years ago, and
. he feels it is appropriate to remove the traffic circles in light of the neighborhood response.
Mayor Stueck stated he was the only Commissioner to vote against the installation of
the traffic circles and vote for reconsidering them. He noted that he agrees with many of the
comments which have been forwarded by the other Commissioners, stressing that moving the
traffic closer to children on the sidewalk is unacceptable to him. He then stated he would like
to see two-way stops on Yellowstone Avenue at Ravalli Street, to ensure that traffic is slowed
down. He then indicated his support for removal of the traffic circles.
Commissioner Youngman suggested that removal of the traffic circles be
coincidental
with the installation of stop signs, to ensure that the neighbors are not negatively impacted by
their removal.
Commissioner Frost indicated a willingness to support Commissioner Youngman's
. suggestion.
Responding to Mayor Stueck, City Manager Johnson stated that staff can
remove the
traffic circles quite rapidly once the Commission makes its decision. He
then cautioned that
the Director of Public Service must place stop signs in compliance with the Manual on Uniform
Traffic Control Devices unless he is responding to legislative direction.
He assured the
09-02-97
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Commission that staff will not remove the traffic circles until they have had an opportunity to
determine if they want two-way or four-way stop signs installed in Yellowstone Avenue.
It was moved by Commissioner Stiff, seconded by Commissioner Rudberg, that the
Commission instruct staff to remove the traffic circles on Yellowstone Avenue at Ravalli Street
and Toole Street and ask for staff advice on other options for slowing traffic in conjunction
. with that removal. The motion carried by the following Aye and No vote: those voting Aye
being Commissioner Stiff, Commissioner Rudberg, Commissioner Youngman, Commissioner
Frost and Mayor Stueck; those voting No, none.
Public hearina - COA with deviation from Section 18.50.160. BMC. to allow 12-foot by 24-foot
addition to rear of existing non-conforming house on the east 77 feet of lots 1-6. Block 16.
Park Addition - Matt Faure for Brian and Donna Swarthout. 404 West Curtiss Street (Z-97125)
This was the time and place set for the pUblic hearing on the Certificate of
Appropriateness with deviation from Section 18.50.160, Bozeman
Municipal Code, as
requested by Matt Faure for Brian and Donna Swarthout, under Application No. Z-97125, to
allow a 12-foot by 24-foot addition to the rear of an existing non-conforming house on the east
. 77 feet of lots 1 through 6, Block 16, Park Addition. The subject property is more commonly
known as 404 West Curtiss Street.
City Manager Johnson noted that, included in the Commissioners' packets, was a letter
from Mr. Faure, dated August 20, withdrawing this application.
It was moved by Commissioner Frost, seconded by Commissioner Youngman, 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 Frost,
Commissioner
Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No,
none.
Public hearing - COA with deviations from Sections 18.30.050 and 18.50.160. BMC. to allow
. 1.411 square feet addition to encroach 10 feet into front yard setback along West Villard
Street and allow for expansion of building which currentlv encroaches into front yard setback
on building on the north 192.9 feet of Block 7. Durston Subdivision - The Wok for Don &
Veronica DeCosse (Z-97108)
This was the time and place set for the public hearing on the Certificate of
Appropriateness with deviations from Sections 18.30.050 and 18.50.160, Bozeman Municipal
Code, as requested by The Wok for Don and Veronica DeCosse, under Application No.
09-02~97
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Z~971 08, to allow a 1 ,411-square-foot addition to encroach 10 feet into the required front yard
setback along West Villard Street and to allow for the expansion of a building which currently
encroaches into the front yard setback on the building on the north 192.9 feet of Block 7,
Durston Subdivision. The subject property is more commonly known as 319 North 7th Avenue.
Mayor Stueck opened the public hearing.
. Planning Intern Mark Braungardt presented the staff report. He stated that under this
application, the existing restaurant, which encroaches 10 feet into the required 25-foot front
yard setback from West Villard Street is to be expanded by 1,411 square feet, with the
addition continuing on the same line as the existing restaurant.
The Planning Intern stated that the Design Review Board reviewed this application at
its August 12 meeting. Following its review, the Board concurred
in staff's recommendation
for approval, subject to eight conditions.
Mr. Tom Milleson, representing the applicant, briefly highlighted the application and
indicated concurrence with the Planning Intern's presentation.
No one was present to speak in opposition to the requested deviations.
. Since there were no Commissioner objections, Mayor Stueck closed the public hearing.
It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that
the Commission approve the Certificate of Appropriateness with deviations from Sections
18.30.050 and 18.50.160. Bozeman Municipal Code, as requested by The Wok for Don and
Veronica DeCosse, under Application No. Z-97108. to allow a 1 ,411-square-foot addition to
encroach 10 feet into the required front yard setback along West Villard Street and to allow for
the expansion of a building which currently encroaches into the front yard setback on the
building on the north 192.9 feet of Block 7, Durston Subdivision, subject to the following
conditions:
1 . The final site plan shall conform to all requirements of the Zoning
Ordinance, be adequately dimensioned (drive aisle widths, parking
stalls), and in addition to the information shown on the preliminary
. plan, shall show the following:
a. Existing and proposed utility and other
easements.
b. Drive approach and
public street intersection sight
triangles shall
be free of plantings which at mature
growth will obscure
vision within the sight triangles.
2. The applicant shall provide an accurate fixture count for the new
addition in order to verify that the existing water service is adequate.
09-02-97
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3. Any cracked or unserviceable
sidewalk on the adjacent portions ot
Villard or North
7th shall be replaced.
4. Concrete curbing
shall be provided around the parking lot perimeter
along the North
8th right-ot-way and adequately identified on the final
site plan.
5. Obtain an SID, waiver
of protest for improvements to North 8th
Avenue.
. 6. The existing exterior
light for the parking area will be removed, and
any additional lighting
will be subject to the approval of staff.
7. A temporary form
of the street address shall be displayed at all times
during construction
of the structures, and a permanent address shall
be displayed on
the site or structure upon completion ot the
development.
8. Within 60 days of
final completion of all site work, the applicant's
licensed architect
or engineer overseeing the project shall certify to the
City-County
Planning Office that
all improvements have been
completed in accordance
with the approved final site plan.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Youngman, Commissioner Rudberg, Commissioner Stiff, Commissioner Frost and Mayor
Stueck; those voting No, none.
. Continued public hearina - Commission Resolution No. 3181 - intent to annex 89 + acres beina
a Dortion of Film 50. Page 177. located in the E %. NE % and the SE %. Section 36. T1 S. R5E.
MPM (along west side of Manlev Road. extendina north from Griffin Drive) {Tablerock Ventures.
Inc.. for David and Thelma Manlev} (A-970G)
This was the time and place set for the continued public hearing on Commission
Resolution No. 3181, as approved by the City Attorney, entitled:
COMMISSION RESOLUTION
NO. 3181
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN.
MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF
BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A
TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN
MORE PARTICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID
CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN
THE CORPORATE LIMITS THEREOF.
Mayor Stueck reopened the continued public hearing.
. Assistant Planner Chris Saunders presented the staff report.
He reviewed the
surrounding zonings and land uses, which include public lands and open space, single-family
residential, industrial and manufacturing. He noted
that the East Gallatin Recreation Area is
located to the east ot the subject property and the open space managed by the Department of
Fish, Wildlife and Parks is located along the western boundary of the subject property.
09-02-97
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The Assistant Planner stated that staff has reviewed this application in
light of the four
goals and eleven policies established in Commission Resolution No. 3137, and the staff's
comprehensive findings are contained in the written staff report, which was previously
distributed to the Commission. He provided a brief summary of those findings, stating that the
application is generally in compliance with most of the goals and objectives, subject to
. conditions mitigating certain issues identified during the review process. He reviewed staff
findings for those policies under which staff identified concerns. He
noted that some of the
major concerns revolve around the extension of infrastructure to the subject property.
He
stated that, while water and sewer mains are located in the immediate vicinity, the Water/
Sewer Superintendent has expressed concern that extension of those mains and installation of
service lines will increase the burden on existing staff to maintain the lines, and that could
result in a decrease in the level of service currently being provided to the ratepayers. He further
noted that the looping of the water main will require crossing the Burlington Northern Railroad
right-of-way, which can result in annual easement costs.
Assistant Planner Chris Saunders addressed the staff findings for Goal
No.1, by
. reviewing his memo of September 2, 1997, in which he had informed the Commission that
staff has identified a privately-owned parcel between the existing city limits and the subject
parcel. In light of that determination, he noted that the Commission may not act favorably on
this application, since it is based on contiguity; however, he stated that there are other
methods of annexation available under State statutes under which this parcel could be annexed
and, if the Commission wishes, it could encourage the applicant to file a new application under
one of those sections. He then suggested that the Commission conduct this continued public
hearing, then deny this application based on the lack of contiguity and direct staff to work with
the applicant to develop a new application under the appropriate section of State statute.
The Assistant Planner concluded his report by noting that the applicant
has also sought
a zone map amendment in conjunction with this annexation request, thus meeting Policy No.
. 2. He noted that the proposed zoning will be the subject of the next public
hearing.
Mr. Larry Vosti, applicant, stated that, in light of the staff's new findings,
it is difficult
to understand how any annexation has occurred north of the railroad tracks. He reminded the
Commission that the subject parcel has been identified for urban residential development in the
1990 Bozeman Area Master Plan Update, and it is located within the sewer service area. He
09-02-97
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noted that, to develop at urban residential densities, City services are needed, and those
services are typically not extended beyond city limits.
Mr. Vosti noted there has been a significant amount of development around the subject
parcel, including residential, industrial and manufacturing uses. He noted that some of the large
acreage residential development includes deed restrictions to prevent further development of
. the parcel, thus precluding annexation of those properties and gaining contiguity through that
property frontage. He stressed that annexation is critical to development of the parcel in the
manner anticipated in the 1990 Bozeman Area Master Plan Update.
Mr. Vosti noted that the sewer main serving the Bridger Creek Subdivision runs across
the subject property and has adequate capacity to serve the parcel.
He also noted that City
water and all other utilities are located along the south side of the railroad tracks, just a short
distance from the property. He then concluded by encouraging the
Commission to give
favorable consideration to annexing the subject property, recognizing that it must be done
under another section of the State statutes.
Mrs. Susan Gianforte, 1320 Manley Road, stated that the lack of contiguity is an
. important factor which the Commission should carefully consider.
She then said that the
pockets of "R-2" and "R-3" zoning in the Bridger Creek Subdivision are small and do not total
near the acreage that is proposed on the Manley property.
She concluded by stating that
annexation of this property is not appropriate since it is not contiguous.
Mr. Ken Hash, owner of the property immediately to the east of the subject property,
stated his support for the proposed annexation, stating it is important to recognize that
development of land in this area is more appropriately done inside city limits.
Since there were no Commissioner objections, Mayor Stueck closed the public hearing.
Commissioner Youngman noted that, as identified in the staff report, the wetlands,
flood areas and sensitive lands on the property could provide challenges for any development
of the site. She also stressed the importance of carefully considering
the Water/Sewer
. Superintendent's concerns about the further extension of those systems and the negative
impact that might have on maintenance of the existing system.
Assistant Planner Chris Saunders concurred that a significant amount of the property
is impacted by environmental concerns, particularly along the northern portion of the site. He
reminded the Commission, however, that these issues are addressed
through various
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regulations during the development process, and the Corps of Engineers has the final
jurisdiction over the wetlands areas. He cautioned that
it may not be appropriate to address
these issues during the annexation process.
Commissioner Youngman suggested it may be wise to have something in the
conditions
that voices the Commission's concerns, to ensure that development of the property is done in
. a manner which protects the sensitive lands and is consistent with the master plan.
The Assistant Planner responded by suggesting that the Commission could
require a
master plan for development ot the entire parcel, particularly if phasing of development is
sought.
Mayor Stueck noted that, until a development proposal has been submitted,
the City
does not know what demands this parcel might place on the water and sewer systems.
He
suggested that it is not possible to consider those issues under this annexation request.
The Assistant Planner noted the concerns raised by the Water/Sewer Superintendent
do not pertain to the capacity in the water or sewer lines or the capacity at the treatment
plants; it pertains to impacts on staff and their ability to maintain the lines and make needed
. repairs.
Responding to Commissioner Stiff, Planning Director Andy Epple stated that, indeed,
both the capacities of the water and sewer systems and the personnel issues are of concern
to the Water/Sewer Superintendent. He stated that Condition No.9, as recommended by staff,
seems to adequately address any concerns about capacity; however, it does not address the
issue of personnel.
Further responding to Commissioner Stiff, Assistant Planner Saunders recognized
that
improvements to Manley Road must be addressed. He stated, however, that this issue should
be addressed during review of a subdivision or a development proposal, rather than during the
annexation process. He noted that under the annexation
process, it is appropriate to require
the needed right-ot-way dedications and waivers of right to protest the creation ot special
. improvement districts for infrastructure improvements, but not to require that the improvements
be done. He stated that Manley Road is an existing road by petition,
unlike West Babcock
Street and Durston Road, so no problems will be encountered with right-of~way acquisition.
He noted that the right*of~way is 60 feet wide at the present time and, since the transportation
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plan identifies this as an arterial, a SO-foot-wide is needed. As a result, the additional 15-foot-
wide right-of-way dedication is being required in conjunction with the annexation.
Commissioner Stiff expressed concern that, as a result of annexing this property, the
City may incur responsibility for maintaining Manley Road, stating he "doesn't think too much
of that road".
. Commissioner Rudberg noted that the property to the north, known as the "Old River
Farm", has been subdivided into 20-acre residential lots under a loophole in the State statutes
and, as a result, that subdivision was not reviewed by any governing body and not required to
make any infrastructure improvements. She noted that care must be taken to not require this
proposed annexation or development on this property to bear the costs of improvements that
should have been required of the other subdivision.
Responding to several questions from Commissioners regarding improvements to
Manley Road, the Assistant Planner stated it would be appropriate to require the applicant to
pave that portion of the road adjacent to the subject property. He cautioned that the property
owner cannot be required to improve the road any further unless it can be shown that
. development of the property is impacting that roadway. He suggested that if the Commission
wishes to require the paving of Manley Road from Mcllhattan Road to Griffin Drive, then an
SID/RID is the appropriate financing mechanism, with all abutting properties being required to
participate. He then reminded the Commission that annexation of the subject
parcel will not
impact the roadway; rather, those impacts will occur as a result of development on the
property .
Mayor Stueck asked the applicant if he understands the issues that have been raised
regarding contiguity.
Responding to questions from Mr. Vosti, City Attorney Luwe stated there are seven
different options in the State statutes for annexation of properties, each with its own
procedures and requirements. He noted that, while annexation of contiguous
lands is the
. section under which most annexations have been completed in recent years, it is not the only
option available to the City. He then indicated that if the Commission
wishes to consider
annexation of the subject property, staff will review the statutes to determine under which
process it may be appropriately considered.
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Commissioner Youngman noted that directing staff to review the statutes to determine
under which section annexation might be considered does not mean the City will later approve
the annexation. She asked, however, that the Commissioners forward their
comments on
whether they would be willing to add conditions pertaining to the paving of Manley Road,
pertaining to the issues raised by the Water/Sewer Superintendent regarding maintenance of
. the systems, and requiring a master plan for the entire parcel to ensure that environmental
constraints are recognized and honored. She stated that if the Commissioners do not support
these additional conditions, she cannot support further considering this requested annexation.
Mayor Stueck stated he is willing to consider a special improvement district for paving
of Manley Road, noting that impacts on maintenance of the water and sewer systems will not
be an issue until the parcel is developed and can be addressed at that time, and said he feels
master planning of the parcel is a good idea.
Commissioner Stiff stated he is not sure the Commission can address the staffing levels
for the Water and Sewer Departments in conjunction with this application.
He then noted it
appears the applicant would be willing to provide a master plan for development of the entire
. parcel before any development begins.
Commissioner Rudberg stated the Army Corps of Engineers is responsible for
addressing the wetlands issues. She then stated that, at this time, it is difficult to address the
concerns raised by the Water/Sewer Superintendent in conjunction with annexation.
Commissioner Frost stated his concurrence with master planning for the site. He then
indicated his interest in seeing Manley Road paved, at least to the edge of this property. He
also noted his support for adding a condition which puts the applicant on notice that impacts
to the water and sewer maintenance operations may need to be addressed when this property
is developed.
Commissioner Youngman indicated that, while she will support directing staff to
research the annexation of this parcel under another section of the statutes, she is very
. concerned about it.
It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the
Commission deny the annexation of 89:!:: acres being a portion of Film 50, Page 177, located
in the East one-half of the Northeast one-quarter and the Southeast one-quarter of Section 36,
Township 1 South, Range 5 East, Montana Principal Meridian, under Title 7, Chapter 2, Part
09-02-97
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43, Montana Code Annotated, as requested by Tablerock Ventures, Inc., for David and Thelma
Manley, under Application No. A-9706, since the subject property is not contiguous to city
limits; and authorize and direct staff to determine the most appropriate portion of the
annexation statutes under which to consider annexation. The motion carried by the following
Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Stiff,
. Commissioner Youngman and Mayor Stueck; those voting No being Commissioner Frost.
Continued public hearing - Zone Map Amendment. AS to R-3. R-4 and M-2 - 89::t acres being
a portion of Film 50. Paae 177, located in the E%, NEY<a and the SE%, Section 36, T1S, R5E,
MPM (along west side of Manlev Road, extending north from Griffin Drive) (Tablerock Ventures,
Inc., for David and Thelma Manlev) (Z~9785)
This was the time and place set for the public hearing on the Zone Map Amendment,
as requested by Tablerock Ventures, Inc., for David and Thelma Manley, under Application No.
Z-9785, to amend the zoning designation from "AS", Agricultural Suburban, to "R-3",
ResidentialuMedium-density, "R-4", Residential~~High-density, and "M-2", Manufacturing and
Industrial, on 89:t acres, known as a portion of Film 50, Page 177, located in the East One-
. Half of the Northeast One-Quarter and the Southeast One-Quarter of Section 36, Township 1
South, Range 5 East, Montana Principal Meridian. The subject property is more commonly
located along the west side of Manley Road, between Griffin Drive and the East Gallatin River.
Mayor Stueck reopened the continued public hearing.
Assistant Planner Chris Saunders presented the staff report. He noted that under the
application submitted by the Commission, the subject 89-acre parcel is essentially split into
thirds, with the northern third to be zoned "R-3", ResidentialuMedium-density, the middle third
to be zoned "R-4", ResidentialuHigh-density, and the southern third to be zoned "M-2",
Manufacturing and Industrial. He stated that the Planning staff reviewed this proposal in light
of the twelve criteria established in the State statutes, and the comprehensive staff findings
are contained in the written staff report, which was previously distributed to the Commission.
. He then noted that the City-County Planning Board conducted its public hearing on this
application at its August 5 meeting and, at that public hearing, the applicant proposed that the
zoning be established as follows: the northern third to be zoned "R-2", ResidentialuSingle-
family, Medium-density, the middle third to be zoned "R-4", ResidentialuHigh-density, and the
southern third to be zoned "M-1", Light Manufacturing. Following
the public hearing and
09-02-97
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consideration of the twelve criteria, the Planning Board forwarded its recommendation for
rezoning of the subject property as follows: the northern
two-thirds to be zoned "R-2",
ResidentialuSingle-family, Medium-density, and the southern one-third to be zoned "M-1 ", Light
Manufacturing.
The Assistant Planner stated that there was a substantial amount of public testimony
. before the Planning Board, and the minutes from that meeting had been forwarded to the
Commission for their review. He noted that written comments have also
been received and
forwarded regarding this application. He concluded by reminded the Commission that a petition
in opposition to the requested rezoning was received, and staff has confirmed that more than
20 percent of the adjacent property owners have protested the rezoning, thus triggering the
requirement for a super-majority vote by the Commission for passage of a motion.
Mr. Larry Vosti, applicant, stated that he met with the Planning staff to determine the
land use designation under the master plan and the types of zoning options available in the
zone code. He noted that he does not wish to create a criss-cross subdivision on this property;
rather, he wishes to pursue clustered development in a manner which respects the wetlands.
. He forwarded his hesitation to pursue development under a planned unit development because
of the unknowns involved.
Mr. Vostl indicated that he intends to work closely with the Army Corps of Engineers
in identifying, preserving and enhancing the wetlands areas. He
stated that the Corps,
however, needs to know the zoning for the property and what is allowed under that zoning so
it can make its decisions. He recognized that many of the neighbors are concerned
about
apartment house densities on the subject parcel, particularly under the zoning designations he
has requested. He assured the Commission that is not his intent, noting, rather, he proposes
a 200-foot-wide minimum setback from the river and a mixture of single-family detached
residences, townhouses and clustered units. He stated that,
after listening to the concerns
raised by the adjacent property owners, he recognized the kinds of densities about which they
. were concerned and further recognized that is not the type of development he was proposing.
In light of that, he feels the Planning Board's recommendation for "R-2" and "M-1" is
appropriate and will allow him to proceed with his plans.
He also noted that, in light of
comments from the Board, his concerns about going through the planned unit development
process to gain the ability to cluster development have been significantly alleviated.
09~02-97
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Mr. Vosti indicated his willingness to submit a master plan for the entire parcel.
He
stated that, until the Army Corps of Engineers has identified the wetlands and sensitive lands,
that will be difficult to do. He indicated that a conceptual
plan could be submitted, showing
the 200-foot-wide strip along the river and a general plan for areas to be developed, but
nothing definitive can be provided until the Corps has completed its work.
. Mr. Vosti noted that, in a letter written in 1983, former Director of Public Service
Richard Holmes indicated there is adequate capacity in the sewer main crossing this property
to serve a mobile home park on the parcel, which shows that development had been
anticipated even then. He then stated that those who are protesting
the annexation and
rezoning, with the exception of Mr. Rogers, have purchased their properties subsequent to
adoption of the 1990 Bozeman Area Master Plan Update, which designates this parcel for light
industrial and urban residential development. He recognized their preference for retaining this
property in open space, but reminded the Commission that it is in private ownership and that
the owner has the right to develop it if he so chooses.
Mr. Vosti emphasized that what he is trying to do on the subject property is nothing
. that has not been recognized by the City for a number of years.
He recognized that the
adjacent properties will never be developed beyond their current level because of deed
restrictions, noting that this could result in a "pleasant little island" of residential development.
He stated that the woods along the river bank will serve to screen the proposed development
from surrounding residences, thus minimizing the visual impacts.
He noted that, with
approximately 25 acres of wetlands that cannot be developed and the type of density at which
he envisions development of the remainder of the parcel, the neighbors will not encounter the
types of impacts about which they are voicing concerns. He characterized this as a beautiful
parcel which deserves to be developed with sensitivity and reasonableness. He then concluded
by encouraging the Commission to concur in the Planning Board's recommendation.
Mr. Greg Gianforte, 1320 Manley Road, stated his property abuts the northeast corner
. of the subject property. He stated that he is opposed to the proposed rezoning for a number
of reasons. He noted that the requested rezoning represents a doubling of the
size of the
existing industrial area, which he feels is inappropriate since it is located immediately across
the road from the East Gallatin Recreation Area. He
also noted that development on this
property in the manner proposed will increase the potential of flooding on their property. He
09-02-97
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characterized the proposed zoning and subsequent development as out of character for the
area, since the other property has been developed at the density of one single-family residence
per 20 + acres. He stated that at the present time, there are ten residences
along the entire
length of Manley Road and, under the proposed zoning, an additional 468 dwelling units could
be constructed. He characterized that as a 500-percent increase in density, with an attendant
. increase in traffic. He stated that, even under an "R-1" zoning, 261
homes could be
constructed, and that is still out of character for the area.
Mr. Gianforte stated this entire area is historically prone to flooding, and any
development on the site will displace water to adjacent properties. He expressed concern that
the applicant is not familiar with Bozeman, has not developed any properties in or around the
community, and has no personal stake in the community.
He reminded the Commission that
the owners of 100 percent of the property adjacent to this parcel have submitted, in writing,
their opposition to the requested rezoning. He concluded
by encouraging denial of this
application.
Mr. John Foster and Mr. Frank Carter, owners of the property immediately to the north,
. indicated that they have subdivided their 228 acres into eleven 20-acre tracts. They showed
the Commission an aerial photo of their property and a portion of the subject property, taken
in June 1996, which shows how the flood waters flow across the area. Mr. Carter stated their
main concern is how much development on the subject parcel might be impacted by flooding
as well as how development might impact flooding on their property. He then forwarded his
opposition to doubling the size of the industrially zoned area, stating it is totally out of
character with the park across the road. He said that he is
not particularly opposed to the
density of the proposed "R.2" zoning but does not want to see multi-family development occur.
Mr. Carter encouraged the Commission to recognize the differences between the flood
plain, flood fringe and wetlands. He noted that they have had a flood control analysis prepared
for their 228 acres, and any activity on adjacent properties that might impact that analysis are
. of concern.
Mr. Sam Rogers, 1323 Manley Road, distributed packets of information to the
Commission regarding flooding in the area. He gave a
lengthy presentation on flooding,
showing the Commissioners several overheads pertaining to flooding and how the 100-year
flood plain is determined. He noted that, according to the data gathered by the Department of
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Natural Resources and Conservation, it appears a planned unit development on the subject
property will not work, particularly given the history of floods in recent years.
He noted, in
fact, that a 1 OO-year flood occurs every eight to ten years. He concluded by encouraging the
Commissioners to not approve this application.
Mrs. Susan Gianforte, 3120 Manley Road, highlighted the contents of a letter
from
. Susan Young, dated September 2, in which she forwarded her opposition to the requested
rezoning. In her letter, Ms. Young notes that the two properties
immediately across Manley
Road from the subject property total 50 + acres and contain only two single-family residences.
Mrs. Gianforte then stated that she is also opposed to the requested rezoning.
She
expressed concern about the proposal to improve Manley Road through a special improvement
district, stating that the costs would be much too high to the few residents who abut the road.
She stated that the lots on the Old River Farm will probably develop very slowly, particularly
since they are on the market for $450,000. She also
noted that, with the noise from the
railroad, the North 7th Avenue overpass and 1-90, this parcel is not appropriate for residential
development.
. Mrs. Gianforte stated that owning property does not automatically give
one the right
to develop it at a significant profit, particularly when that development is inappropriate for the
area. She suggested that the Manleys could develop the subject property
in four 20-acre
parcels at the present time, with no change in zoning and in a manner which conforms with
adjacent uses.
Mrs. Carolyn Rogers, 1323 Manley Road, stated she has lived at this location
for 25
years and has lived with the attendant flooding. She noted that when building foundations and
roads are constructed in an area prone to flooding, the typical flooding patterns are blocked off,
and the water must reroute itself. She noted that the
properties which could be impacted by
development of this site extend beyond the subject area, possibly to as far away as Riverside
Country Club.
. Mr. John Rogers, 1323 Manley Road, emphasized the importance of recognizing
the
impacts of flooding and the dynamics of water. He noted that the major potential for flooding
is between April and June each year, and major rainstorms can compound the problems from
the melting of the snowpack.
09-02-97
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Mr. Dale Gillespie, realtor, showed the Commission a flood plain map which reveals the
subject property is outside the 500-year flood plain. He noted that the areas to the north and
east of this parcel are typically more prone to flooding than the subject site because of the
contours of the land.
Mr. Brian Leland, 528 North Bozeman Avenue, suggested that the Commission seek
. input from Disaster Coordinator Mike Hoey and Neighborhood Coordinator/Grantsperson James
Goehrung, to find out what efforts were needed to defend this property from the flooding and
what areas of the city are typically impacted by flooding.
Mr. Larry Vosti noted that none of the houses within this development will have
basements. He then indicated that he requested an expansion of the industrially
zoned area
to conform to the master plan designation and to coincide with the industrial zone across
Manley Road. He noted that one of the issues raised was the noise from the railroad and the
overpass, and he feels that industrial and office uses could help to buffer the residences from
that noise.
Mr. Vosti then stressed that he does not propose a conventional subdivision for this
. parcel. He further stressed that, because of the characteristics of this property, it cannot be
developed at a very high density, thus precluding the 240 to 486 units suggested by the
neighbors. He then stated that much of the drainage in this area runs to the property managed
by the Department of Fish, Wildlife and Parks, noting that it is considerably lower than the
subject property.
Mr. Vosti stated he intends to construct a residence on this property, which reflects
his personal interest in the community and the development. He concluded
by encouraging
approval of the rezoning.
Mrs. Gianforte asked how many residential units could be constructed on this property
under the planned unit development process with a density bonus.
Planning Director Epple stated that under the "R-2" zoning, a density of six units per
. acre is allowed, or eight units with a density bonus. He then estimated that 175 dwelling units
could be constructed on the subject property.
Since there were no Commissioner objections, Mayor Stueck closed the pUblic hearing.
Commissioner Youngman suggested the possibility of rezoning the northern portion of
the site to "R-S", ResidentialnSuburban, Country Estates, to ensure protection of the flood
09-02-97
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plain, wetlands and environmentally sensitive areas. She also
noted that this would provide
for low-density development abutting those properties which have already been developed
under the" AS", Agricultural Suburban, zoning designation.
Assistant Planner Chris Saunders noted that "R-S" zoning may be considered under the
master plan and this application. He further noted that it would address some of the concerns
. which have been raised.
Responding to questions from the Commission, Planning Director Epple said that, when
calculating the number of dwelling units that may be constructed, streets, public spaces and
public parklands are netted out, but undevelopable areas are not.
Commissioner Rudberg indicated her support for the Planning Board's recommendation.
Respond:ng to Commissioner Stiff, the Planning Director stated that, under the planned
unit development process, a landscaped entryway across from the East Gallatin Recreation Area
could be required.
Commissioner Youngman stated she does not feel the "R-2" zoning is restrictive
enough and encouraged the Commissioners to consider the "R-S" zoning for at least the
. northern one-third instead. She noted that this would protect the
area in the 500-year flood
plain as well as most of the land in the 100-year flood plain. She expressed
concern that,
whenever development occurs in this type of area, it impacts areas downstream. She indicated
the additional density restrictions under the "R-S" zoning could ensure greater protection of
those areas as well as ensure greater compatibility.
Commissioner Frost stated his concurrence for the proposed "R-S" zoning, noting that
the "R-2" density is too dense.
Mayor Stueck recognized the merits of the proposal to consider "R-S" zoning for the
northern one-third. He stated, however, that he is concerned that may not be
appropriate,
particularly since the "R-2" zoning recommended by the Planning Board is a downzoning from
that requested by the applicant.
. Since there were no Commissioner objections, Mayor Stueck closed the public hearing.
City Attorney Luwe reminded the Commission that, because of the petition received
from adjacent property owners, the affirmative vote of four Commissioners is required for
approval of the rezoning.
09-02-97
. ..--
* 38 *
It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the
Commission approve the Zone Map Amendment, as requested by Tablerock Ventures, Inc., for
David and Thelma Manley, under Application No. Z-9785, by amending the zoning designation
from "AS", Agricultural Suburban, to "R*2", Residential~-Single*family, Medium*density, and
"M* 1", light Manufacturing, on 89:t acres, known as a portion of Film 50, Page 177, located
. in the East One*Half of the Northeast One-Quarter and the Southeast One-Quarter of Section
36, Township 1 South, Range 5 East, Montana Principal Meridian, and authorize and direct
staff to bring back an ordinance enacting the zone map amendment upon completion of the
annexation process. The motion failed by the following Aye and No vote: those voting Aye
being Commissioner Stiff, Commissioner Rudberg and Mayor Stueck; those voting No being
Commissioner Frost and Commissioner Youngman.
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the
Commission approve the Zone Map Amendment, as requested by Tablerock Ventures, Inc., for
David and Thelma Manley, under Application No. Z-9785, by amending the zoning designation
from "AS", Agricultural Suburban, to "R*S", ResidentialnSuburban, Country Estates, and
. "M* 1 ", light Manufacturing, on 89:t acres, known as a portion of Film 50, Page 177, located
in the East One*Half of the Northeast One-Quarter and the Southeast One-Quarter of Section
36, Township 1 South, Range 5 East, Montana Principal Meridian, and authorize and direct
staff to bring back an ordinance enacting the zone map amendment upon completion of the
annexation process. The motion failed by the following Aye and No vote: those voting Aye
being Commissioner Frost and Commissioner Youngman; those voting No being Commissioner
Rudberg, Commissioner Stiff and Mayor Stueck.
It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the
decision on this zone map amendment be tabled to the September 15 meeting.
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.
Adjournment. 10:05 p.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
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- 39 -
adjourned. 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.
. ATTEST: (Q/ ~o-'~
DON E. STUECK, Mayor
~/Lm~
ROBIN L. SULLIVAN
Clerk of the Commission
.
.
09-02-97