HomeMy WebLinkAbout1997-01-06 Minutes, City Commission
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
January 6, 1997
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. The Commission of the City of Bozeman met in regular session in the Commission Room,
Municipal Building, January 6, 1997, at 3:00 p.m. Present were Mayor Stueck, Commissioner
Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman, City Manager
Wysocki, City Attorney Luwe and Clerk of the Commission Sullivan.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
Mayor Stueck requested that Change Order No.3 for SID No. 663 be removed from the
Consent Items for discussion.
Minutes - December 23 and December 30, 1996
It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the
minutes of the meetings of December 23 and December 30, 1996, 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.
Decision - variance from Table 18.65.050.B. - Daum Industries for Main mall - allow no more
than 266 sauare feet of sianaae Der tenant to be visible from one vantage Doint - 39.46-acre
tract known as Main Mall Annexation (2825 West Main Street) (C-9512)
This was the time and place set for the decision on the variance from Table
18.65.050.B. of the Bozeman Municipal Code, as requested by Daum Industries for the Main
Mall under Application No. C-9512, to allow no more than 266 square feet of signage per
tenant to be visible from one vantage point. The subject 39.46-acre tract is known as the Main
Mall Annexation and is located at 2825 West Main Street.
. City Manager Wysocki entered into the record a letter from Apogee Architects, dated
January 2, 1997 withdrawing this application.
Assistant Planning Director Debbie Arkell stated that, in light ofthe Commission's recent
approval of the revised sign code, this application is no longer needed, since the existing signs
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will be grandfathered. She then recommended that the Commission accept the letter of
withdrawal.
It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the
Commission acknowledge receipt of the letter of withdrawal from Apogee Architects,
. representing the Main Mall, dated January 2, 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.
Decision - COA with exemotion from Chacter 18.65, Bozeman Municical Code. to allow
existina freestandina sian to remain on a cortion of NE%. NE%. Section 12. T2S. R5E. MPM.
and Lot 1 and west 15 feet of Lot 2. Rearranaement of Border Tract 13 - Frontier Pies. 302
North 7th Avenue (Z-95143)
This was the time and place set for the decision on the Certificate of Appropriateness
with exemption from Chapter 18.65 of the Bozeman Municipal Code, as requested by Frontier
Pies, under Application No. 2-95143, to allow the existing freestanding sign to remain on a
portion of the northeast one-quarter of the northeast one-quarter of Section 12, Township 2
South, Range 5 East, Montana Principal Meridian, and Lot 1 and the west 15 feet of Lot 2,
. Rearrangement of Border Tract 13. The subject site is more commonly located at 302 North
7th Avenue.
City Manager Wysocki entered into the record a letter from Frontier Pies, dated January
3, 1997 withdrawing their application to allow the existing freestanding sign to remain.
Assistant Planning Director Debbie Arkell stated that this application, also, is now not
needed in light of the recently-adopted sign code. She then recommended that the Commission
acknowledge receipt of this letter of withdrawal.
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the
Commission acknowledge receipt of the letter of withdrawal from Frontier Pies, dated January
3, 1997. The motion carried by the following Aye and No vote: those voting Aye being
. Commissioner Frost, Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and
Mayor Stueck; those voting No, none.
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Decision - Conditional Use Permit - Andv Shabbir Hassanali for Cafe Internationah~ - allow
serving of beer and wine at existina restaurant located in the Emerson Cultural Center. on
Tracts 2 and 3. Block C. Alderson's Addition (South Grand Avenue between West Babcock
Street and West Olive Street) (Z-9641)
This was the time and place set for the decision on the Conditional Use Permit requested
by Andy Shabbir Hassanali for Cafe Internationale, under Application No. Z-9641, to allow the
. serving of beer and wine in an existing restaurant located in the Emerson Cultural Center, on
Tracts 2 and 3, Block C, Alderson's Addition. The subject restaurant is more commonly
located on South Grand Avenue between West Babcock Street and West Olive Street, and its
street address is 207 West Olive Street.
City Manager Wysocki stated that this application and the next application for
Conditional Use Permits are for the serving of alcoholic beverages in conjunction with
restaurants. He reminded the Commission that these are two of the many businesses which
have applied for the one new beer and wine license available in the community. He noted that
the State has not yet made its decision on which application will be successful, and it now
appears that decision will be made by mid-February. In light of that anticipated timeframe, he
recommended that the Commission delay action on this application and the following
. application until March 3.
It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that
the decision on this Conditional Use Permit be delayed until March 3, 1997, pending the State's
award of the new beer and wine license. 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.
Decision - Conditional Use Permit - Ileana Indreland and Michael W. Delanev for Bozeman
Athletic Club - allow servin a of alcoholic beveraaes in restaurant in athletic club located on
Tracts A and B, CDS No. 1872. and Tract 2. CDS No. 1846 (8601 Huffine Lane) (Z-9643)
This was the time and place set for the decision on the Conditional Use Permit requested
. by Ileana Indreland and Michael W. Delaney for Bozeman Athletic Club West, under Application
No. Z-9643, to allow the sale of alcoholic beverages in conjunction with the development of
a 73,000-square-foot athletic club on Tracts A and B, Certificate of Survey No. 1872, and
Tract 2, Certificate of Survey No. 1846. The subject parcel is more commonly located at 8601
Huffine Lane.
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The City Manager's comments in the above agenda item pertaining to delay of the
decision apply to this agenda item as well.
It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the
decision on this Conditional Use Permit be delayed until March 3, 1997, pending the State's
. award of the new beer and wine license. 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 Dlat review - Yellowstone Peaks Mobile Home Park Subdivision - subdivide 6.15
acres into 35 mobile home lease SDaces and one lot for site built home - Dortion of Tract 1 and
all of Tracts 2. 3 and 4. Fowler Subdivision. located in the NW%. Section 11. T2S. R5E. MPM
(north side of 2700 block West Babcock Street) (P-965Q)
This was the time and place set for review of the preliminary plat for the Yellowstone
Peaks Mobile Home Park Subdivision, as requested by Dennis and Joni Balian, in Application
No. P-9650, under which a 6.15-acre parcel known as a portion of Tract 1 and all of Tracts 2,
3 and 4, Fowler Subdivision, located in the Northwest one-quarter of Section 11, Township 2
South, Range 5 East, Montana Principal Meridian, is to be subdivided into 35 mobile home lease
. spaces and one lot for the existing site built home. The subject parcel is more commonly
located along the north side of the 2700 block of West Babcock Street.
Assistant Planning Director Debbie Arkell presented the staff report. She stated that
under this application, 6.15 acres will be subdivided into 35 mobile home spaces for lease and
one lot for the existing site built home, essentially in a mirror image to the expansion of the
Wheeler Mobile Home Park, which lies immediately to the west of the subject property. She
stated that the subject property currently lies outside city limits; however, the City has
processed a resolution of intent to annex it. She further reminded the Commission that a zone
map amendment to establish an "R-3", ResidentialnMedium-density, zoning designation on the
subject property was approved, subject to completion of the annexation process. The
. Commission also granted preliminary approval of the Yellowstone Peaks Subdivision, which
created 44 townhouse lots, to be developed into eleven four-unit buildings. She noted that the
approval of that application is valid through September 1998, but to date, no public
infrastructure improvements have been made.
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Assistant Planning Director Arkell stated that, since that application was approved, the
expansion of the Wheeler Mobile Home Park was approved, and the Cook property to the south
has been rezoned to "R-MH", ResidentialnSingle-family Mobile Home. In light of those
approvals, the applicant felt it would be more appropriate to seek rezoning from "R-3" to "R_
. MH" and to develop the subject property as a mobile home park. As a result, he withdrew his
application for "R-3" zoning and submitted a new application, which the Commission
considered and approved, contingent upon completion of the annexation process.
The Assistant Planning Director reviewed the proposed plat for the mobile home park,
noting that it includes parkland on the north end. The lots are to be served by Sunlight
Avenue, which is a 22-foot-wide paved private street with curb and gutter and a sidewalk along
the west side only, and ends in a cul-de-sac at the north end. West Mendenhall Street will be
improved to a City standard through the subdivision, and will be extended at a County standard
to the existing stub west of Western Drive. West Babcock Street is located along the south
end of the subject property.
The Assistant Planning Director stated that the Development Review Committee
. reviewed this application and forwarded a recommendation for approval to the City-County
Planning Board. Following its public hearing on this application at its December 17, 1996,
meeting and after review of the staff report and the criteria for review of a subdivision, the
Board forwarded a recommendation for approval, with some revisions to the proposed
conditions. She noted that during the public hearing, Mr. Balian requested clarification of
Condition No.7, to recognize that West Mendenhall Street does extend westward from
Western Drive and that the off-site improvements would be required only from that existing
terminus to the eastern edge of this property. She stated the applicant further requested that
Condition No. 11 be eliminated. She noted that condition required that the developer submit
a minor subdivision application to realign the lot lines to dedicate the rights-of-way for West
Mendenhall Street and West Babcock Street rather than acquiring that right-of-way through
. public access and utility easements. She stated that during his request, the developer cited
several other properties where easements were accepted rather than requiring dedications. She
noted that both of those requests were approved by the Planning Board in light of the
applicant's comments.
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The Assistant Planning Director stated that during review of this application, members
of the Planning Board expressed concern about the off-street parking spaces to be provided.
She noted that since Sunlight Avenue is to be a 22-foot-wide private street, no parking will be
allowed on the street. To meet minimum subdivision requirements, which require two parking
. spaces per unit plus one space for each four mobile home lots, the applicant is proposing three
off-street spaces on each mobile home lot, except for the four lots adjacent to West
Mendenhall Street and the lot adjacent to West Babcock Street. She noted that during
discussion, Planning Board members suggested realignment of those proposed spaces to
maximize the yard space on each lot.
Assistant Planning Director Arkell stated that the City-County Planning Board waived the
requirements for an environmental impact statement and a community impact statement, since
the information which would be provided in those documents can be found in the 1990
Bozeman Area Master Plan Update and other available documents. She then briefly reviewed
the 21 conditions which the Board has recommended for approval of this application.
Mr. Dennis Balian, applicant, recognized that traffic impacts on West Babcock Street are
. an issue for applications in this immediate area. He reminded the Commission that a 44~unit
townhouse development has already been approved for this parcel and, under this application,
the number of dwelling units is to be decreased to a total of 36 units. He further noted that
the estimated number of average daily vehicle trips for townhouse units is 5.86, while the
number of trips for mobile home parks is 4.81. In light of those figures, he noted the traffic
impacts will be lowered as a result of approving this application.
Commissioner Frost suggested that Condition No. 20 be revised to require that the
driveway lights be shielded to direct the light downward, rather than allowing glare which can
be distracting to a motorist. He also suggested a revision to Condition No.8, to specifically
state that maintenance of signage and curb painting on Sunlight Avenue would be the
. responsibility of the property owner.
Responding to Mayor Stueck, Assistant Planning Director Arkell confirmed that under
this application, the requirements for off-street parking spaces will be exceeded. She then
stated that during the Planning Board meeting, there was significant discussion on this issue;
however, a majority of it revolved around whether the subdivision regulations should be
reviewed and revised.
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Responding to questions from the Commission, Mr. Balian stated that he likes the
driveway lights that have been installed on the north part of Hunters Way, in the Greenway
Subdivision and the lights in Valley Creek. He characterized them as four-pane lights that allow
"light to spill out everywhere".
. Commissioner Frost stated the lights on Hunters Way are what prompted him to suggest
adding a condition to require that the lights be shielded. He stated that when driving down that
street at night, it is extremely difficult to see.
Commissioner Youngman stated that she has driven around the city and looked at the
various types of lighting that exist as well as their impacts on motorists. She noted that when
driving and walking around the community, she has noticed that those lights which are not
shielded can periodically create difficulty in seeing. She recognized that unshielded light
fixtures may be attractive, however, she feels it is important to ensure the lights create no
problems.
It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the
Commission approve the preliminary plat for the Yellowstone Peaks Mobile Home Park
. Subdivision, as requested by Dennis and Joni Balian, in Application No. P-9650, under which
a 6.15-acre parcel known as a portion of Tract 1 and all of Tracts 2, 3 and 4, Fowler
Subdivision, located in the Northwest one-quarter of Section 11, Township 2 South, Range 5
East, Montana Principal Meridian, is to be subdivided into 35 mobile home lease spaces and one
lot for the existing site built home, subject to the following conditions:
1. The annexation agreement, including all required waivers, easements, and
fees, must be signed by the property owners and accepted by the City
prior to the installation of public infrastructure improvements. The
existing residence will be subject to impact fees, with the street and fire
impact fees paid at the time of annexation, and water and sewer impact
fees paid at the time the residence is connected to these City services.
2. An original cloth back and mylar, three paper, and one digital copy of the
final plat shall be submitted which reflects how all conditions of approval
have been met. The plat shall contain or be accompanied by all signed
. certificates and documents as required in Section 16.16.030 of the
Bozeman Area Subdivision Regulations, including a Platting Certificate.
The developer shall have three years from the date of preliminary approval
to complete the above conditions and apply for final plat approval. The
final plat shall conform with the requirements of Chapter 16.16 of the
Bozeman Area Subdivision Regulations.
3. Montana Department of Environmental Quality approval of the subdivision
must occur prior to Final Plat approval, as must licensing of the mobile
home park by the State. A copy of the approval and license shall be
submitted with the final plat application.
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4. Any development identification sign must comply with the zone code, in
that: a) it must be designed as a "low profile" sign; b) cannot be higher
than five feet; and c) cannot exceed 12 square feet in sign area. A sign
permit must be obtained from the City Building Inspection Department
prior to construction of the sign.
5. The Montana Department of Fish, Wildlife and Parks, National Resource
Conservation Service, Montana Department of Environmental Quality, and
. the Army Corps of Engineers shall be contacted regarding the proposed
project and any required permits, i.e. 310, 404, Turbidity exemption, etc.
These permits shall be obtained prior to initiation of construction and shall
be submitted with the sewer, water and street plans and specifications.
6. The developer shall consult with the US Postal Service with regard to mail
service, and the type and location of mail receptacles. If a centrally~
located bank of mail receptacles is to be used, the location and access
shall be shown on the final plat.
7. West Mendenhall Street within the subject property shall be constructed
to a full city-standard including curb and gutter, sidewalks and storm
drainage facilities. A street section design will be required to be
submitted to and approved by the City Engineering Department for West
Mendenhall Street. Sidewalks shall be installed on both sides of West
Mendenhall Street at the time the street is constructed.
The developer shall construct West Mendenhall from the east boundary
of the subject property to the existing edge of pavement to a minimum
paved County standard. Plans and specifications for this section of street
improvements must be reviewed and approved by the County Road Office
prior to construction of the road.
. Any private drive approaches to West Mendenhall Street shall be
constructed in accordance with the City's standard approach, i.e.,
concrete apron, sidewalk section, and drop~curb, with approaches being
a minimum of 8-feet from the subdivision property lines. A note shall be
placed on the final plat indicating that there shall be no direct access to
West Babcock Street from Lot 36.
8. Sunlight Avenue shall be constructed as a 22-foot-wide private street with
concrete curb and gutter throughout, and shall be designated as a fire
lane. Both sides of the street shall be posted "No Parking, Fire Lane" in
accordance with the requirements of the Manual of Uniform Traffic
Control Devices (M.U.T.C.D.). The curbing on both sides of Sunlight
Avenue shall be painted yellow. A detail of the signs and the location of
signs shall be shown on the plan and specification construction sheets,
and approved by the City Engineer's office. Maintenance of the signs and
curb painting shall be the responsibility of the property owner.
The sidewalk on the west side of Sunlight Avenue shall be a concrete
sidewalk. If the sidewalk along Sunlight Avenue is not installed at the
. time Sunlight Avenue is constructed, the sidewalks must be installed at
the time a mobile home is placed on each space. Upon the third
anniversary of the final plat approval of the subdivision, the developer
shall, without further notice, construct said sidewalk, regardless of
whether mobile homes have been placed on all spaces or not. This
condition shall be included on the plat and in the covenants of the
subdivision.
A combination Street I.D./Stop Sign shall be installed at the intersection
of West Babcock Street and Sunlight Avenue. A Street I.D. Sign shall be
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installed at the intersection of West Mendenhall Street and Sunlight
Avenue.
9. All access roads within the subdivision shall be maintained by the property
owner at a minimum of 20-foot clear and unobstructed width at all times.
This provision shall be included on the plat and in the covenants of the
subdivision.
. 10. All infrastructure improvements
including water and sewer
main
extensions, public and private streets including curb and gutter, sidewalks
and storm drainage infrastructure improvements shall be constructed and
accepted by the City prior to final plat approval. Any proposal to phase
the installation of infrastructure or streets for the proposed subdivision
must be submitted to and approved by the City Engineer in detail prior to
initiation of any construction activity.
Plans and specifications and a detailed design report for water and sewer
main extensions, storm drain, and the public street, prepared and signed
by a Professional Engineer (PE) registered in the State of Montana, shall
be provided to and approved by the City Engineer and the Montana
Department of Environmental Quality, (sewer and water only).
The
developer shall also
provide Professional Engineering services
for
Construction Inspection, Post-Construction Certification, and preparation
of mylar Record Drawings. Construction shall not be initiated on the
public infrastructure improvements until the plans and specifications have
been approved and a preconstruction conference has been conducted.
The final arrangement of water and sewer services to each individual lot
shall be subject to review and approval by the City Water/Sewer
. Superintendent and the City Engineer. Benchmark elevations for all new
fire hydrants shall be certified by a Professional Engineer or land Surveyor
registered in the State of Montana, and the elevations provided to the City
Engineering Department. The maximum spacing distance between fire
hydrants shall be no greater than 500 feet, with the location shown on
the water plans and specifications.
The water main in West Mendenhall Street shall be a minimum of 8-inches
in diameter. This main shall be stubbed to the east property boundary.
The existing residence shall connect to City water and sewer as soon as
the infrastructure is in place to serve the structure.
The existing septic
tank and drainfield must
be properly removed, and
the removal
documented and certified by the developer's professional engineer.
No new mobile homes may be moved into the park prior to City
acceptance of the
subdivision sewer and water
infrastru ctu re
improvements, and completion of final plat requirements.
11. Unless appropriately dedicated on the minor subdivision plat or an
amended plat, or
filed with the Annexation
Agreement, written
. access/utility easements for the water and sewer main extensions,
Sunlight Avenue, the sidewalk along Sunlight Avenue, West Mendenhall
Street, West Babcock Street, and the easement on the north boundary of
the property shall be provided from the property owner to the City prior
to final plat approval. Easements
for the water and sewer main
extensions shall be a minimum of 30 feet in width with the utility located
in the center of the easement. In no case shall the separation
between
water and sewer mains be less than 11 feet. A 23-foot
wide public
access easement shall be granted for Sunlight Avenue.
A 4-foot wide
public access easement shall be granted for the sidewalk. These written
easements shall be approved by the City Engineer and filed with the Clerk
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and Recorder prior to final plat approval. A written utility easement for
power, telephone, gas and cable television shall also be filed with the
Clerk and Recorder's Office prior to final plat approval.
Unless otherwise dedicated, a 45-foot-wide Public Access and Utility
Easement along the property's West Babcock Street frontage shall be
granted to the City prior to final plat approval. Also unless otherwise
dedicated, a 60-foot wide Public Access and Utility Easement for West
. Mendenhall Street shall be granted to the City prior to final plat approval.
Building setbacks shall be measured from the edge of the Sunlight Avenue
access easement.
12. A Stormwater Drainage/Treatment Plan for the subdivision for a system
designed to remove solids, silt, oils, grease, and other pollutants from the
runoff from the public and private streets and all lots must be provided to
and approved by the City Engineer.
The plan must show detention/retention basin locations and provide
easements for adequate drainage ways within
the subdivision, if
necessary, to transport runoff to an approved stormwater receiving
channel. The plan shall include sufficient site grading and elevation
information (particularly for the basin site and across lot drainage ways),
typical stormwater detention/retention basin and discharge structure
details, basin sizing calculations and a stormwater maintenance plan.
The retention basin as shown on the preliminary plat would have to be
approximately three feet deep to provide the necessary volume. The
applicant should consider ways to reduce this depth to one and one-half
. feet.
13. If construction activities related to the project result in the disturbance of
more than five acres of natural ground, an erosion/sediment control plan
may be required. The Montana Department of Health and Environmental
Sciences, Water Quality Bureau, shall be contacted by the applicant, to
determine if a Storm Water Discharge Permit is necessary. If required by
the Water Quality Bureau, an erosion/sediment control plan shall be
prepared for disturbed areas of five acres or less if the point of discharge
is less than 100 feet from State Waters.
14. Per Section 16.16.040.G, Bozeman
Area Subdivision Regulations,
landscaping shall be provided between the mobile home park and adjacent
properties. A landscape plan shall be submitted with the final plat which
shows the location, species and planting size of plants to be used. At a
minimum, trees shall be planted at 15-foot intervals along the rear of ALL
lots (including the park lot to the north), along the left side (from street)
at 15-foot intervals, and one tree shall be planted in the interior of each
lot near the streets, when possible. The planting size shall comply with
Section 18.50.100.0.5. (i) of the Zoning Ordinance. The trees along the
rear and left side of each lot shall be planted prior to final approval. The
. trees to be planted in the interior of each lot shall be planted at the time
new mobile homes are placed on the lots. The landscaping plan shall be
prepared and certified by either a registered
Montana Landscape
Architect; an individual with a degree in landscape design and two years
of professional design experience; or an individual with a degree in a
related field and at least five years of professional design experience.
15. The limits of each mobile home lot shall be marked on the ground with a
suitable means prior to submittal of the plan for final approval. Minimum
access width to each mobile home stand shall be 12 feet, and the access
shall be improved at the time a home is placed on the lot.
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16. The location of and an enclosure detail for trash receptacles must be
shown on the final plat and shall be approved by the Street/Sanitation
Superintendent.
17. Section 7, Special Terms, of the Rental Agreement, shall be expanded to
reference No Parking on Sunlight Avenue. A copy of the final
covenants/lease agreement containing all required changes and notations
shall be submitted with the final plat.
. 18. Paybacks required by the SID 621 Main Mall Sewer Payback Area and the
SID 622 Water Payback Area shall be made prior to final plat approval.
19. The final plat shall ensure that 11 % of the lot area is reserved for usable
recreational area. The conducive use of the retention area as park land
must be agreed to by the City Park Superintendent and Planning Office.
If it is determined that the retention area is not conducive to recreational
use, park improvements, such as playground equipment, shall be installed
by the developer to offset the decrease of usable recreational area.
All wire fencing between the common boundary of the Yellowstone Peaks
Mobile Home Park Subdivision and the Wheeler Mobile Home Park and
Greenway Subdivisions, as well as within the West Babcock Street right-
of-way/public access easement shall be removed by the developer
{including wire and postsl. The park area must have all fencing material,
construction debris, and other trash removed, and the entire park area
shall be leveled and reseeded prior to final plat approval.
A written public access easement shall be provided for the entire private
park area, to ensure public access through the private park from adjoining
properties to the nearby public parks. The written easement shall be
. approved by the Public Service Director and filed with the Clerk and
Recorder prior to final plat approval.
20. Individual driveway lights shall be installed at the intersection of each
driveway with a pUblic or private street. A detail of the type of light
fixture to be used shall be provided with the final plat. Lights shall be
shielded so they do not cause undue glare to the street. The lights may
be installed as each home is placed in the park.
21. Unless otherwise already provided, the property owners shall provide and
file with the County Clerk and Recorder's Office executed Waivers of
Right to Protest Creation of SIDs for street improvements to West
Babcock Street and West Mendenhall Street, including paving, curb and
gutter, sidewalk and storm drainage.
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.
.
Reauest for waiver of imDact fees - Bin Chana for University ADartments. 1800 West Kagv
Boulevard
Included in the Commissioners' packets was a memo from Planning Director Epple, dated
December 19, 1996, forwarding Mr. Chang's request for waiver of the impact fees for the
University Apartments and comments from the Project Engineer, City Engineer and Impact Fee
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Coordinator. He indicated that City staff is unable to support this request. Also included in the
Commissioners' packets was a copy of the minutes from September 3, 1996 Commission
meeting, at which the initial request for extension of the deadline for impact fees was
considered.
. Responding to Mayor Stueck, Planning Director Epple stated that the applicant submitted
his application for a building permit prior to the March 23, 1996, deadline. He then stated that
the building permit may not be drawn until the water and sewer services have been installed
and inspected; therefore, the building permit has not been issued to date.
Mr. Bin Chang stated he is sincerely interested in providing housing in Bozeman, and
regrets the need to appear before the Commission to request an extension of the impact fees
for this apartment project. He stated that in August, when he first talked to Planning Director
Epple, it appeared that the extension he requested at that time would provide adequate time
for installation of water and sewer services and issuance of the building permit. He recognized
the importance of the City having this type of requirement, particularly when a home is being
constructed for sale. He stressed, however, that in this instance, the water and sewer
. extensions are to property which he owns and will continue to own, and he feels that requiring
the water and sewer service installation to be complete prior to issuance of the building permit
is unnecessary.
Mr. Chang provided a brief history of this project, noting that in December 1995, he
submitted his application. He stated that, at approximately the same time, the application for
the Bobcat Pad Apartments was submitted, and the apartments have been constructed and are
being rented at the present time. He noted that since they started their project on September
23, 1996, the weather has been uncooperative, allowing for work on only 56 of the 90
calendar days allowed under the initial extension of the impact fee period. He stated that,
additionally, because the utility easement along Maple Lane is only 35 feet wide, with water
. and sewer lines being 11 feet apart, there is little room in which to stack the dirt, so it is being
hauled away and then brought back. He further stated that the water line, which was identified
as being 6Y2 feet deep, is actually 10% feet deep; and the stub-out, which is typically three
to four feet long, is actually thirty feet long. He concluded by asking that the Commission
approve his request, and not assess impact fees on this project.
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Responding to Mayor Stueck, Mr. Chang stated that the slowest part of the project is
nearly complete, estimating that one-half of the project and one-quarter of the construction
time are yet to be completed. He suggested that, within the next three months, there should
be sufficient work days to complete the project, noting it could be completed within four weeks
. if the weather were good.
Mr. Ron Milledge, contractor on the project, provided an outline of the chronology of
the project, stating that on December 20, 1995, the project was conditionally approved; on
August 20, 1996, the Commission granted a three-month extension; and on September 23,
1996, approval to proceed with installation of water and sewer was received. He questioned
why it took six to seven months to obtain final approval and receive authorization to proceed,
noting that the installation of the lines could have been accomplished much more easily and
more quickly if he had had the opportunity to take advantage of good weather.
Mr. Milledge stated that during review of the application, the Engineering Office
forwarded concerns that the sewer capacity may be inadequate for the project and required a
flow study. After the flow study was complete, they expressed concerns about its accuracy,
. since it showed the sewer was approximately 2/3 of capacity. He stated that a possible
remedy for that concern was the installation of a mega holding tank on the University
Apartment property, at an estimated cost of $50,000 to $80,000. Also, in light of capacity
concerns, staff suggested it may be necessary to replace the existing sewer from West Lincoln
Street to West Koch Street. He noted that the approval granted on September 23, however,
included none of those options, rather, the approval was essentially on the engineering
drawings submitted in March.
Mr. Milledge noted that, in addition to the off-street problems which have already been
identified, working in the Lincoln Street right-of-way is difficult with the number of utilities in
and above that roadway. He then encouraged Commission approval of this application.
Responding to Mayor Stueck, Mr. Milledge estimated that by the end of March, he
. should have the water and sewer lines installed.
Mr. Bob Lee, Westridge Planning, stated that in July, Mr. Milledge asked him to work
as a ditchman on this project. He indicated that, after reviewing the approval process for the
application for the University Apartments, he felt "the system hiccuped" on this project. He
characterized the six-month delay in the review process as unfortunate, noting that the delays
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in that process resulted in construction during winter months, which is difficult in this climate.
He characterized this as a legitimate request and encouraged the Commission to view it as
such.
Mr. Lee suggested that it would be beneficial to have City staff prepare a punch list of
. items yet to be completed when they go through their initial review. He noted that the creation
of the Development Review Committee was designed to streamline the review process and,
while that has occurred, the process could be further streamlined and made more consistent
if each department created and used a punch list of additional materials, revisions or steps to
be completed prior to final approval.
City Engineer Craig Brawner stated some misinformation was forwarded in Mr.
Milledge's presentation, and indicated that the Commission should concentrate on the timeline
since the middle of August.
Mr. Rick Hixson, Project Engineer, stated the pre-construction conference was scheduled
on August 19 and was held on September 9. When the meeting date was sent, a checklist
was forwarded to the applicant, identifying those items which remained to be addressed. At
. the meeting, the need for executing an agreement between Mr. Chang and the City regarding
future capacity of the sewer line was stressed because the sewer line is running very close to
capacity. On that same day, a letter of approval was sent, in which the need for acquiring
payment and performance bonds was identified before construction could begin. He stated that
the bonds were submitted to the City on September 23, and on that same day, final approval
was granted even though the easement on the adjacent property had not yet been obtained.
Responding to Commissioner Rudberg, the City Engineer stated that two easements are
needed for this project, a 30-foot-wide water and sewer line easement and agreement across
Mr. Chang's property, so the City can maintain the lines, and an easement across the strip of
private land between Mr. Chang's property and West Lincoln Street to allow for connection of
the lines to the mains in the public right-of-way. He indicated that it is not uncommon to allow
. construction to begin before the easements have been finalized and executed, but those
easements must be in place before the lines are accepted by the City and service allowed.
Responding to Mayor Stueck, City Attorney Luwe stated that payment and performance
bonds are required for this type of project, even though it is being done by a private contractor
for a private individual because once the lines are completed, they become part of the City's
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infrastructure and, therefore, belong to the City. He stated that under State statutes, payment
and performance bonds are required for public infrastructure projects and, while not specifically
interpreted by the Attorney General or the court system, it appears this type of project would
be viewed as a public infrastructure project and subject to those requirements.
. Responding to Commissioner Rudberg, City Engineer Brawner stated that many of the
issues to which Mr. Milledge alluded occurred prior to August 22 and, therefore, are not part
of the consideration of this extension request. He emphasized that the delays in this project
since the original extension are not under the City's control.
Responding to Mayor Stueck, the City Engineer stated that under the initial approval of
this application, additional design study information was required because it appeared the sewer
main was at or near capacity. He noted that after the information was submitted, staff
carefully reviewed it prior to determining this property could be connected. He then stated that
the City did not recommend that a holding tank be considered; in fact, staff is not in favor of
this type of approach to address capacity problems. He then stated it is not the entire sewer
line between West Lincoln Street and West Koch Street that may need replacing; rather, it is
. a one or two-block section of main near West Koch Street.
Project Engineer Rick Hixson noted that the initial design report was received around
June 29 and showed the sewer main was 75 percent full. He stated that, because of concerns
about the number of MSU students who are served by the mains, it was determined another
study should be completed when the University was in session. After a new study was
completed, it was determined there appears to be adequate capacity in the water main to
accommodate this development. He noted that the City's computer model suggests the mains
are at full, and care must be taken to ensure that connecting new projects to the system will
not cause problems to those already on the line.
Responding to Commissioner Rudberg, Project Engineer Hixson stated that concerns
about the capacity of the sewer line were originally raised during Development Review
. Committee review of this application and, at that time, a design review to determine the
existing sewer capacity was required.
Further responding to Commissioner Rudberg, City Engineer Brawner stated that, after
the DRC approval, which probably occurred in January, drawings for this project were received
on May 10, followed by revisions on June 4, June 28 and August 4, and on August 23 the
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project was approved. He then indicated that each of the project engineers has his or her own
punch list, which is typically completed during review of a project. He noted that they do not
give the applicant a punch list at the beginning of the process, but all of the requirements are
contained in the zone code. He also noted that those who are involved in a number of projects
. become aware of tne requirements simply by going through the process repeatedly.
Mr. Bin Chang gave the Commissioners copies of a letter from Project Engineer Hixson
to Gaston Engineering & Surveying, dated August 22, in which he forwarded approval of the
project, subject to written approval from the Department of Health and Environmental Sciences.
He questioned why it took another month to receive authorization to proceed, particularly since
he was willing to post any financial guarantee that might be required. He also showed the
Commissioners copies of the Agreement with the City which he had signed.
Responding to the Mayor, the City Engineer stated that the zone code requires water and
sewer services to be completed and accepted before the building permit may be issued.
Mr. Chang suggested that in this instance, it would be appropriate to not require that
the water and sewer service be completed prior to issuance of the building permit since he is
. the only property owner impacted by it. He recognized that if this project were to be sold or
if other property owners were involved, this requirement would be appropriate.
Commissioner Rudberg expressed concern about making a decision on this request for
extension of the impact fees today, based on the information available. She suggested, rather,
it would be preferable to request a detailed chronology of the project to date and review that
information prior to making a decision.
Commissioner Youngman forwarded her willingness to grant an extension. although she
feels that the process could have moved more quickly during the fall months, when the weather
was better. She questioned if the work completed during good weather would have speeded
up the process enough to allow for completion by now, but recognized that this winter weather
has been extremely bad. She then stated that any extension must be realistic, but not
. ridiculously lengthy.
Mayor Stueck stated that he could support this extension, with what appears to be a
realistic deadline. He recognized that a longer time is needed now than if the project were
completed during the summer, suggesting that a mid-April deadline should provide adequate
work time to complete it, even with this winter's weather because acts of God, including
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weather, are typically viewed as justifiable reasons for extension of contract time in the
construction industry.
Commissioner Stiff stated he does not support the requested extension. He noted that
the minutes from the previous extension reflect his concern about establishing an undesirable
. precedent, and he feels that approval of this request could have further negative effects.
Commissioner Frost stated he is also concerned about precedent. He indicated,
however, that in this instance, he could support an extension to the middle of April.
Mayor Stueck asked that documentation on the weather conditions, including
temperatures and storms, be maintained for the next two or three months.
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the
Commission approve an extension of the impact fees for the University Apartments, 1800 West
Kagy Boulevard, to April 15, 1997. The motion carried by the following Aye and No vote:
those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Rudberg
and Mayor Stueck; those voting No being Commissioner Stiff.
. Ordinance No. 1436 - .adding ChaDter 5.70 to the Bozeman MuniciDal Code. establishinQ
reauirement for a city license to provide emergency medical services within the citv and
establishina standards and procedures for the issuance of such licenses
Included in the Commissioners' packets was a copy of Ordinance No. 1436, as approved
by the City Attorney, entitled:
ORDINANCE NO. 1436
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED
BY ADDING A NEW CHAPTER TO BE NUMBERED AS CHAPTER 5.70;
ESTABLISHING REQUIREMENT FOR A CITY LICENSE TO PROVIDE EMERGENCY
MEDICAL SERVICES WITHIN THE CITY AND ESTABLISHING STANDARDS AND
PROCEDURES FOR THE ISSUANCE OF SUCH LICENSES.
City Attorney Luwe briefly highlighted the provisions of this ordinance, noting it requires
a city license to provide emergency medical services within city limits and establishes the
. requirements for issuance of that license. He stated the purpose of this ordinance is to protect
the general health, safety and welfare of the public.
Mr. David Baumgardner, Managing Director of MedTrans of Montana, read into the
record his letter of support, dated December 31, 1996, a copy of which had been included in
the Commissioners' packets. He stated that he lives in Billings, and the company currently
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operates under this type of ordinance in that community. He noted there are different levels
of care, ranging from simple transport of a patient from one facility to another to the need for
advanced life support. He cautioned that if there is more than one transport service in the
community, it is important to ensure that the appropriate level of service is available. He
. concluded by encouraging the Commission to adopt this ordinance.
Dr. Charles Fritz, Director of the Emergency Room at Bozeman Deaconess Hospital,
forwarded the Emergency Room Committee's unanimous support for adoption of this
ordinance. He stated that MedTrans provides a higher level of equipment and health care than
has previously been provided in Bozeman. He then stated that in Bozeman, the ambulance
service is manned 24 hours a day, and they go on an average of two calls per day, ranging
from simple transports to advanced emergency care. He concluded by encouraging adoption
of this ordinance.
It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that
the Commission provisionally adopt Ordinance No. 1436, establishing a requirement for a city
license to provide emergency medical services within the city and establishing standards and
. procedures for the issuance of such licenses, and that it be brought back in two weeks for final
adoption. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff, Commissioner Frost and
Mayor Stueck; those voting No, none.
Staff reDort - reauest for vacation of North 5th Avenue/Baxter Road from north edae of West
Oak Street. around curve to aDDroximatelv east edae of Baxter Road
Included in the Commissioners' packets was a letter from Bernardo Wills Architects,
representing Safeway, dated December 20, 1996, requesting that discussion on this agenda
item not be held at this time. Also included in the packets were copies of staff comments and
a map showing the proposed street vacation. The City Manager recommended that the
. Commission acknowledge receipt of this letter of withdrawal.
It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the
Commission acknowledge receipt of the letter of withdrawal, dated December 20, 1996. The
motion carried by the following Aye and No vote: those voting Aye being Commissioner
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Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor
Stueck; those voting No, none.
Authorize City Manager to sign - Change Order No.3 for SID No. 663 (extension of West Oak
Street westward from North 19th Avenue) - JTL GrouD. Inc. - add $1.577.50 and 0 days
. City Manager Wysocki reminded the Commission that he had requested this item be
removed from the Consent Items for discussion.
Mayor Stueck stated that the original contract amount of $208,945.00 included
$33,561.50 for sidewalks. A significant portion of that sidewalk work was deleted because
the necessary slope easements along a portion of the street were not obtained. He stated that
under this change order, the City is agreeing to pay an additional 25(: per square foot, thus
resulting in the $1,577.50 increase in this change order. However, the total payments to the
contractor for the sidewalk construction will be approximately $18,400 less than the original
bid amount. He stated that this change order, as written, is confusing; however, he feels it is
appropriate to authorize the City Manager to sign it.
It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the
. Commission authorize and direct the City Manager to sign Change Order No.3 for SID No. 663,
adding $1,577.50 and 0 calendar days to the City's contract with JTL Group, Inc. 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.
Discussion - FYI Items
City Manager Wysocki presented to the Commission the following
"For Your
Information" items.
(1 ) Letter from the City-County Planning Board, dated December 30, inviting the City
. Commissioners and County Commissioners to attend an informal work session at 7:00 p.m.
on Tuesday, January 14, 1997 in the Commission Room to discuss the critical lands planning
and West Babcock Street.
City Attorney Luwe cautioned the Commissioners that the public hearing on the critical
lands study is scheduled for an upcoming Commission meeting. He further cautioned that if
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they make any statements during this work session, those comments should be prefaced by
an acknowledgement that the public hearing has not yet been held and that public comment
could impact any statements they may make at this time.
(2) Invitation from the Gallatin County Council on Aging to attend their Annual
. Membership Meeting, to be held at the Bozeman Public Library on 5:30 p.m. on January 10,
1997.
(3) Invitation from Reach Inc. to attend an open house from 5:00 p.m. to 7:00 p.m.
on January 14, 1997 at 3508 Golden Valley Drive.
(4) Letter from Shirley L. Luhrsen, 1822 West Beall Street, dated December 23,
regarding casinos.
(5) Letter from the Montana Department of Commerce announcing that the City of
Bozeman's application for grant monies through the 1996 Community Development Block Grant
Housing and Community Revitalization Grant program was unsuccessful.
The City Manager noted that, in light of this notification, alternatives for financing of the
Bozeman Interfaith Housing II must be considered.
. (61 Letter from Howard Heahlke, dated December 31, stating appreciation for the
City crews' efforts to clear the roads on Christmas Day.
(7) Letter from Tim Crawford, dated January 2, requesting responses to the
questions in his letter dated December 6.
(8) Letter of resignation from the Community Affordable Housing Advisory Board,
dated, December 31, as submitted by Thomas E. Borstad.
(9) Agenda for Local Government Day at the Legislature, to be held on Friday,
January 10, 1997.
The City Manager announced that several of the staff members will be attending and
asked if any of the Commissioners plan to attend.
Commissioner Youngman recognized that Local Government Day is a good time to talk
. to local legislators about issues of concern, however, she stated she will be unable to attend.
Mayor Stueck and Commissioner Rudberg indicated they will also attend.
(10) Copy of the calendar for preparation of the budget for Fiscal Year 1997-1998,
reflecting an earlier completion than in past years, as requested by the Commission.
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(11 ) Memo from the Headwaters Cooperative Recycling Project, dated December 31 ,
announcing that the next meeting is to be held at 1 :30 p.m. on Wednesday, January 8, at the
Gallatin County Courthouse, along with a copy of the minutes from the December 4, 1996,
meeting.
. (12) Minutes from the November 7 meeting
of the Montana Transportation
Commission, along with minutes from their telephone meeting held on November 14.
( 13) Agenda for the Development Review Committee meeting to be held at 10:00 a.m.
on Tuesday, January 7, in the Commission Room.
(14) Agenda for the County Commission meeting which was held at 1 :30 p.m. on
Tuesday, December 31, at the Courthouse.
(15) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday,
January 7, at the Courthouse.
( 16) Agenda for the joint meeting of the County Commission and City Commissions
Councils, to be held at 7:00 p.m. on Wednesday, January 8, at Belgrade City Hall, along with
minutes from the November 13 meeting.
e Commissioner Youngman asked how many Commissioners plan to attend; all of the
Commissioners responded in the affirmative.
( 17) The City Manager submitted his weekly report as follows. (1) Noted that the
recent warm weather has helped to settle the snow, which may also help to alleviate potential
flooding problems in the Spring. (2) Noted that members of the Fire Department and some of
the private sector removed the Christmas lights on Main Street earlier today. (3) Stated he is
working with staff members, particularly Assistant City Manager Brey, in developing a transition
plan. He recognized that probably not all of the tasks will be completed by the time the new
City Manager takes office.
(18) Commissioner Youngman stated her interest in obtaining a book of State
Legislators which includes their pictures, noting it is typically published early in the legislative
. session.
( 19) Mayor Stueck stated that staff has been preparing a draft selection plan and a
draft screening tool, for Commission consideration. He noted that these documents are to be
completed in early February, in anticipation of applications being received for the City Manager
position.
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Consent Items
City Manager Wysocki presented to the Commission the following Consent Items.
Staff report - intent to annex 21.644 acres located in the SE~. Section 14.
T2S. R5E. MPM (northwest corner of intersection of Kaay Boulevard
extended and South 19th Avenue) - Scenic Developers. Inc.. and the
Payne Family Trust (A-9606)
. Commission Resolution No. 3158 - intent to annex 21.644 acres located
in the SE~. Section 14. T2S. R5E. MPM (northwest corner of intersection
of Kaay Boulevard extended and South 19th Avenue): set public hearing
for February 18. 1997
COMMISSION RESOLUTION NO. 3158
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA. DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN,
THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND
CONTIGUOUS TO SAID CITY
OF BOZEMAN. AND HEREIN MORE
PARTICULARL Y DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF
BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE
CORPORATE LIMITS THEREOF.
Approve advertisement and iob descriPtion for City Manaaer: authorize and
direct staff to proceed with advertisement process
Accept Settlement Agreement forwarded
by Mr. Christopher Harris,
attorney representina the Esther Nelson Group. re Bozeman Solvent Site:
authorize Mayor to sign continaent upon execution by all other parties
. Authorize City Manager to sian - Change Order No. 1 for SID No. 663
(extension of West Oak Street westward from North 19th Avenue) - JTL
GrouP. Inc. - add $0 and 25 days
Authorize City Manager to sian - Chanae Order No. 2 for SID No. 663
(extension of West Oak Street westward from North 19th Avenue) - JTL
Group. Inc. - add $368.48 and 0 days
Ratify City Manaaer's signature on Pedestrian Access Easement between
Joe Mahar and City - for sidewalk adiacent to Lot 7. Block 4. Greenway
Subdivision (502 Dove Court)
Acknowledae receiPt of application for vacation of North Grant. Tracv,
Black and Bozeman Avenues and Birch. Hemlock and Juniper Streets with
the Gallatin County Fairarounds and Road Department boundaries: refer
to staff
Appoint Street/Sanitation Superintendent
Roaer Sicz as Citv's voting
member on the Headwaters Cooperative Recvcling Proiect
. Authorize absence of City Manaaer Wysocki from meetina of Januarv 27:
confirm appointment of Assistant City Manager Brev as Actina City
Manager
Claims
It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the
Commission approve the Consent Items as listed, and authorize and direct the appropriate
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persons to complete the necessary actions. 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.
. Recess - 5:10 p.m.
Mayor Stueck declared a recess at 5: 1 0 p.m., to reconvene at 7:00 p.m., for the
purpose of conducting the scheduled public hearings.
Reconvene - 7:00 D.m.
Mayor Stueck reconvened the meeting at 7:00 p.m., for the purpose of conducting the
scheduled public hearings.
Public hearing - COA with deviations from Sections 18.18.050 and 18.50.160 to allow
eXDansion of a non-conformina structure by adding a front porch and reDlacement of shed with
new garage which encroaches 3 feet into the reauired 9-foot side yard setback on Lot 8. Block
B. Babcock & Davis Addition - Leslie Harvey Marty and Bruce Marty for 413 North Wallace
Avenue (Z-9696)
_ This was the time and place set for the public hearing on the Certificate of
Appropriateness with deviations from Sections 18.18.050 and 18.50.160 of the Bozeman
Municipal Code, as requested by Leslie Harvey Marty and Bruce Marty, under Application No.
Z-9696, to allow for the expansion of a non-conforming structure by adding a front porch and
replacement of a shed with a new garage which encroaches three feet into the required eight-
foot side yard setback on Lot 8, Block B, Babcock & Davis Addition. The subject property is
located at 413 North Wallace Avenue.
Mayor Stueck opened the public hearing.
Historic Preservation Planner Derek Strahn presented the staff report. He stated that
the existing house is quite old and is located in an older neighborhood where encroachments
into the setbacks are very common. He noted that, during its review of this application, the
. staff recognized the requested deviations would result in a site which is generally in keeping
with the surrounding neighborhood, while allowing for maximum benefit of the back yard.
The Historic Preservation Planner stated that the Design Review Board reviewed this
application at its December 10 meeting. Following that review, the Board voted unanimously
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to concur in the staff's recommendation for approval, subject to the standard boilerplate
condition.
Mr. Bruce Marty, applicant, indicated a willingness to respond to questions.
Since there were no Commissioner objections, Mayor Stueck closed the public hearing.
. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the
Commission approve the Certificate of Appropriateness with deviations from Sections
18.18.050 and 18.50.160 of the Bozeman Municipal Code, as requested by Leslie Harvey
Marty and Bruce Marty, under Application No. Z-9696, to allow for the expansion of a non-
conforming structure by adding a front porch and replacement of a shed with a new garage
which encroaches three feet into the required eight-foot side yard setback on Lot 8, Block B,
Babcock & Davis Addition, subject to the following condition:
1. That the applicant shall obtain a building permit within one year of
Certificate of Appropriateness approval or this approval shall become null
and void.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Frost, Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor
e Stueck; those voting No, none.
Public hearing - Zone MaD Amendment - "M-1" , "R-3". "R-4" and "RO" to "M-1" and "B-2"
on GO-acre Darcel known as Tracts 2 and 3. cas No. 1215. located in the NE~. Section 1.
T2S. R5E. MPM (between West Oak Street and Baxter Lane. east of North 19th Avenue) -
Jerrv Perkins for PT Land (Z-9664)
This was the time and place set for the public hearing on a Zone Map Amendment from
"M-1 ", Light Manufacturing, "R-3", Residential--Medium-density, "R-4", Residential~-High-
density, and "RO", Residential--Office, to "M-1", Light Manufacturing, and "B-2", Community
Business, district, as requested by Jerry Perkins for PT Land, under Application No. Z-9664,
on Tracts 2 and 3 of Certificate of Survey No. 1215, located in the northeast quarter of Section
1, Township Two South, Range Five East, Montana Principal Meridian. The subject 60-acre
. parcel lies between West Oak Street and Baxter Lane and east of North 19th Avenue.
Mayor Stueck opened the public hearing.
Associate Planner Dean Patterson presented the staff report. He stated that the
proposed amendments impact only 35.581 acres of the subject 60-acre parcel. He then
reviewed the location of the subject property, noting that West Oak Street lies along the
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southern boundary and Baxter Lane lies along the northern boundary of the property, with
North 19th Avenue and Interstate 90 lying very close. The Associate Planner stated that the
existing zoning on the property creates a very complex configuration, and this zone change
would alter it so that essentially the north one-third would be in "M-1", Light Manufacturing,
. and the south two-thirds would be in "B-2", Community Business, zoning. He noted that West
Oak Street between North 7th Avenue and North 19th Avenue is scheduled for completion next
summer. Also, realignment of Baxter Lane on an alignment with North 11th Avenue to West
Oak Street is scheduled for construction in the near future. The Associate Planner then noted
that the existing easement through the subject property for the realignment of Baxter Lane
provides natural boundaries for the existing zoning designations on this property. He stated,
however, that the new realignment of Baxter Lane will not follow that easement and a request
for vacation of the easement will probably be received after the new alignment is established.
The Associate Planner stated that the subject property may be served by the sewer lines
which exist in the West Oak Street and North 19th Avenue rights-of-way. He also noted that
a new sewer trunk line is currently being installed under Baxter Lane, and it is anticipated that
_ extension of that line, under the freeway, will be undertaken in the future. He then stated that
the subject area is not currently served by water, although installation of the northwest water
trunk line is anticipated in the near future. With these improvements, water mains will be
installed under all of the major arterials in that immediate area.
Associate Planner Patterson stated the subject property is currently in agricultural use.
The Farmers' Canal runs essentially along the property line between the Perkins and Saccoccia
properties, and Mandeville Creek runs essentially along the property line between the Perkins
and Tange properties. He cautioned that those waterways must be taken into consideration
as development of the site occurs.
Associate Planner Dean Patterson stated that staff has reviewed this application in light
of the twelve criteria set forth in the Montana Code Annotated, and staff's comprehensive
. findings are contained in the written staff report which was previously distributed to the
Commission. He briefly highlighted the staff findings where issues were identified. He
reminded the Commission that the North 19th Avenue/West Oak Street Corridor Master Plan
was recently considered and approved by the Commission, however, the process of adopting
that plan has not yet been completed. In light of that fact, the requested rezoning does not
01-06~97
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comply with the 1990 Bozeman Area Master Plan Update, but will after the adoption process
for the new corridor plan has been completed. He stated that the major concern identified
pertains to traffic, noting that under the new zoning, it is anticipated that traffic will be greater
than under the existing zoning. He noted, however, that with the new and anticipated
. improvements to the arterial roads which essentially surround the subject property, those
corridors should be able to handle the additional traffic load. He cautioned that the additional
traffic loads on North 11 th Avenue and North 15th Avenue which will result from the extension
of those roadways to serve this subject site, however, could have negative impacts on those
established residential neighborhoods. He stated those concerns should be addressed during
subdivision and development reviews.
Associate Planner Patterson stated that the City-County Planning Board conducted its
public hearing on this application at the December 17, 1996 meeting. After reviewing the
application in light of the twelve criteria and the staff findings and after conducting the public
hearing, the Board concurred in staff's recommendation for approval of this requested zone
change, after the amendment process for the Master Plan has been completed.
. Mr. Dennis Foreman, Gaston Engineering, ind icated he is representing the applicant, who
is also present, and is willing to respond to questions.
Ms. Rebecca Dorobis, 1000 North 17th Avenue, stated she is a board member of the
Montana People's Action. She noted that they are not opposed to the requested zone change,
but ask that the Covered Wagon Mobile Home Park be taken into consideration when proposals
for development are considered. She particularly asked that methods for handling noise and
buffering between established neighborhoods and future development be identified.
City Manager Wysocki entered into the record letters of opposition from Trista Hoffman,
1000 North 17th Avenue, dated January 2; Rick Meis, 718 South 12th Avenue, dated January
4; and Lisa Lotte Hardiman, 1000 North 17th Avenue, dated December 30.
. Since there were no Commissioner objections, Mayor Stueck closed the public hearing.
Commissioner Frost stated he feels the subject area is appropriate for the requested
"M-1" zoning, and he supports it. He indicated, however, he is concerned about the amount
of "B-2" zoned property proposed, particularly since it results in a large block being added to
the existing "B-2" zoned areas in the community that will result in people getting into their cars
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and traveling across town. He further expressed concern about the loss of residential zoning,
which is also important in the community.
It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that
the Commission approve the Zone Map Amendment from "M-1", Light Manufacturing, "R-3",
. Residential--Med ium-density, "R-4", Residential--High-density, and .. RO", Residential--Office.
to "M-1 ", Light Manufacturing, and "B-2", Community Business, as requested by Jerry Perkins
for PT Land, under Application No. Z-9664, on Tracts 2 and 3 of Certificate of Survey No.
1215, located in the northeast quarter of Section 1, Township Two South, Range Five East,
Montana Principal Meridian and, upon final approval of the North 19th Avenue/West Oak Street
Corridor Master Plan, authorize and direct staff to bring back an ordinance enacting the
amendment. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those
voting No being Commissioner Frost.
Public hearing - Zone MaD Amendment - "R-3" to "B-2" and "M-1" - 73.945-acres known as
Tract B. cas No. 1215C: Tract 1 B. cas No. 1215B: and Tracts 4A and 4B. cas No. 1215A
. (northeast corner of West Oak Street and North 19th Avenue) - Dr. PhiliD Saccoccia, Jr.
(2-9659)
This was the time and place set for the public hearing on the Zone Map Amendment
from "R-3", Residential--Medium-density" to "B-2", Community Business, and "M-1", Light
Manufacturing, as requested by Dr. Philip Saccoccia, Jr., under Application No. 2-9659, on
Tract B, Certificate of Survey No. 1215C; Tract 1 B, Certificate of Survey No. 1215B; and
Tracts 4A and 4B, Certificate of Survey No. 1215A. The subject 73.945-acre parcel is located
at the northeast corner of West Oak Street and North 19th Avenue.
Mayor Stueck opened the public hearing.
Assistant Planner Chris Saunders presented the staff report. He stated that this subject
property lies immediately to the west of the property considered in the previous public hearing,
. and many of the comments, concerns and issues raised during that hearing apply to this site
as well. He noted that this subject property, which contains approximately 74 acres, is
bounded on the western side by North 19th Avenue. Under this application, the 11.704 acres
lying on the north end of the site will be zoned "M-1", while the remaining 62.241 acres will
be zoned "B-2".
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The Assistant Planner stated that this application has been reviewed in light of the
twelve criteria established in the Montana Code Annotated, and the staff's comprehensive
findings are contained in the written staff report which was previously distributed to the
Commission. He stated that this proposed rezoning is not in compliance with the current 1990
Bozeman Area Master Plan, however, when the North 19th Avenue/West Oak Street Corridor
. Plan is finally adopted, it will be. He noted that concerns about infrastructure were identified
as staff reviewed this application, however, improvements are either in process or anticipated
in the near future. He stressed that these issues will be carefully reviewed during subdivision
and site development. He indicated that the stream course on the site must be protected
during development.
The Assistant Planner stated that, while traffic generation from this proposed rezoning
will be higher than under the current zoning, the number of major arterials in the immediate
vicinity should accommodate these traffic volumes. He noted that all interior roads will be
addressed during subdivision review. He further noted that any need for improvements to the
arterial transportation system, such as traffic signals, will be addressed during subdivision
. review. He stressed the importance of ensuring that steps are taken to address any possible
negative impacts, particularly on the manufactured housing park located immediately to the
south of this subject site, during review of subdivision and development proposals on this
property.
Assistant Planner Saunders stated that the City-County Planning Board considered this
application at its December 17 meeting. After reviewing the twelve criteria contained in the
staff report and the staff's findings and, after conducting its public hearing, the Board
concurred in staff's recommendation for approval, subject to completion of the master plan
amendment process.
Mr. Keith Belden, Morrison-Maierle, representing the applicant, indicated a willingness
to respond to questions.
. Ms. Rebecca Dorobis, 1000 North 17th Avenue, stated she is a board member of the
Montana People's Action. She noted that development of this parcel will have a definite impact
on the Covered Wagon Mobile Home Park, recognizing that it is not inside city limits. She
indicated that they are not opposed to this requested rezoning as long as the surrounding
neighborhood is considered when responding to proposals for subdivision and development.
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Mr. Brian Leland, 528 North Bozeman Avenue, noted that North 19th Avenue, which
was funded in part by taxpayers' money, was constructed as an entryway corridor. He stated
that traffic on this type of street typically moves fast because people are headed to a specific
destination. He noted that with the City's sign code, signs for businesses are relatively small
and, if one does not know the exact location of the business to which they are heading, it is
. often difficult to drive in a safe manner, in the flow of traffic, and look for the business at the
same time. He asked the Commissioners to consider the compatibility of businesses along an
entryway corridor and suggested, instead, that frontage roads be considered if this requested
zone change is approved.
Assistant Planner Saunders stated that the zone code requires that when two different
zoning designations are adjacent, the more intense use must provide adequate buffering
between it and the adjacent use. He noted that in this instance, any development on all or a
portion of this subject site will be responsible for that landscaping. He stated that the impacts
to be buffered could include noise and light, as well as traffic. The Assistant Planner cautioned
that the overall impacts of West Oak Street on the Covered Wagon Mobile Home Court,
. however, will remain. He cautioned that development of this subject property will represent
only a small portion of development along that roadway and will account for an even smaller
percentage of the traffic on the roadway. In light of that, he suggested the planting of
vegetation along that roadway as soon as possible would be in the best interests of the
residents of the mobile home park.
Commissioner Youngman noted that West Oak Street is designated as a Class I corridor;
however, the Covered Wagon Mobile Home Park is much closer to the roadway than that. She
noted that with 50 feet on each side of the road, a total of 100 feet of buffering can be
installed, but in this instance the maximum would be approximately 75 feet.
The Assistant Planner responded that those are the types of issues which will be
considered during review of proposals for development. He then stated that North 19th
. Avenue is a limited access corridor, with provisions for curb cuts approximately every 100
yards. He stated that, because of this limited access, motorists will be required to turn off the
street to access clusters of businesses rather than accessing the businesses directly from the
street, as they do along North 7th Avenue and West Main Street.
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Responding to Commissioner Stiff, the Assistant Planner stated that the extension of
water mains to the subject area will alleviate any potential problems from the plume. He
cautioned, however, that care must be taken to ensure there is no infiltration into the water
supply. He indicated that under current plans for the water transmission system, after the
. water line is installed in Baxter lane, a line will be run under the freeway to connect it with the
line in Mandeville Lane to provide an adequate loop in the system. He indicated that this issue
will be addressed during subdivision review.
Responding to Commissioner Youngman, Mr. Keith Belden stated that traffic generated
by commercial development is typically spread throughout the day, and does not impact the
8:00 a.m. and 5:00 p.m. rush hours. He noted that the arterials which surround the subject
property will be easily able to handle the traffic, and this proposed zone change should lessen
the congestion on those roads.
Responding to Mayor Stueck, Mr. Belden stated that he has not talked to Dr. Saccoccia
about the possibility of an off-site parkland dedication, however, he assured the Commission
that Dr. Saccoccia would probably be receptive to the idea.
. City Manager Wysocki entered into the record letters of opposition from Trista Hoffman,
1000 North 17th Avenue, dated January 2; Rick Meis, 718 South 12th Avenue, dated January
4; and Lisa Lotte Hardiman, 1000 North 17th Avenue, dated December 30.
Since there were no Commissioner objections, Mayor Stueck closed the public hearing.
Commissioner Youngman stated her concerns about this application are more serious
than they were about the previous application. She noted that not only has the master plan
amendment not yet been finally adopted, but the regulatory standards for implementing those
amendments have not been established. She expressed concerns about buffering, questioning
whether it will be adequate to mitigate the impacts which commercial development along the
north side of West Oak Street might have on the existing residential area along the south side
of West Oak Street. She concluded by stating that, because of the high level of her
. discomfort, she will not vote for this requested rezoning.
Mayor Stueck stated his concurrence that adequate buffering is imperative, particularly
since the requested commercial zoning will be located immediately across the street from
existing residential development. He suggested, however, that this issue has been stressed
enough that the applicant is aware that it must be addressed during the development process.
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Commissioner Frost stated his concerns are the same on this application as on the
previous application, which include the loss of residential zoning and the significant increase
in commercial zoning. He also expressed concern about the conventional large block zoning
that is proposed, stating he feels that mixed use development would be preferable.
. Commissioner Youngman suggested that, through a planned unit development, mixed
uses could be developed on the subject site. She then stated that at a later date, she might
be able to support this requested rezoning if the regulatory standards were in place, but she
cannot support it at this time.
Mayor Stueck recognized Commissioner Frost's and Com
missioner Youngman's
concerns. He stated, however, that the property owners, Planning staff and Planning Board
have recently undergone an intensive long-range planning process for development of this
corridor, and this application is in compliance with the amendment to enact that long-range
plan. He suggested that the issues which have been identified during these intensive processes
will be adequately addressed during the appropriate development process.
It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the
. Commission approve the Zone Map Amendment from "R-3", Residential--Medium-density" to
"B~2", Community Business, and "M-1", Light Manufacturing, as requested by Dr. Philip
Saccoccia, Jr., under Application No. Z-9659, on Tract B, Certificate of Survey No. 1215C;
Tract 1 B, Certificate of Survey No. 1215B; and Tracts 4A and 4B, Certificate of Survey No.
1215A and, upon final approval of the North 19th Avenue/West Oak Street Corridor Master
Plan, authorize and direct staff to bring back an ordinance enacting the amendment. The
motion carried by the following Aye and No vote: those voting Aye being Commissioner
Rudberg, Commissioner Stiff and Mayor Stueck; those voting No being Commissioner Frost and
Commissioner Youngman.
Adiournment - 7:50 D.m.
. There being no further business to come before the Commission at this time, it was
moved by Commissioner Frost, seconded by Commissioner Youngman, that the meeting be
adjourned. The motion carried by the following Aye and No vote: those voting
Aye being
Commissioner Frost, Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and
Mayor Stueck; those voting No, none.
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(C/c1>-7 ~ ~~
DON E. STUECK, Mayor
ATTEST:
.~oI~
ROBIN L. SULLIVAN
Clerk of the Commission
.
e
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