HomeMy WebLinkAbout1996-11-04 Minutes, City Commission
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
November 4, 1996
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. The Commission of the City of Bozeman met in regular session in the Commission
Room, Municipal Building, November 4, 1996, 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.
None of the Commissioners requested that any of the Consent Items be removed for
discussion.
Minutes - October 14 and October 21, 1996
It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the
minutes of the meeting of October 14, 1996, be approved as amended and the minutes of the
. meeting of October 21, 1996, be approved as submitted. The motion carried by the following
Aye and No vote: those voting Aye being Commissioner Rudberg,
Commissioner Stiff,
Commissioner Frost, Commissioner Youngman and Mayor Stueck; those voting No, none.
Mayor Stueck deferred action on the minutes of the meetings of December 4, 1995, and
October 28, 1996, to a later date.
Continued Dublic hearing - Zone Code Amendment - add ChaDter 18.45, creating a casino
overlav zone (Z-9674)
This was the time and place set for the continued public hearing on the Zone Code
Amendment, as requested by the City Commission under Application No. Z-9674, to add
Chapter 18.45, creating a casino overlay zone.
. Mayor Stueck reopened the continued public hearing.
Assistant Planner Christopher Williams noted that, included in the Commissioners'
packets, was a memo dated October 23, with which he forwarded proposed modifications to
the Zone Code Amendment which would not allow casinos in planned unit developments. He
further noted that the Commission has asked staff to forward information regarding a possible
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decrease in the number of machines contained in the definition of a "casino". He forwarded
the City Attorney's determination that if the Commission wishes to change the number of
machines, a new Zone Code Amendment process must be started. He acknowledged that,
based on comments during last week's agenda meeting, the Commission may wish to delay
. action until a later date, since the moratorium is still in place.
City Attorney Luwe cautioned that a change in the number of machines contained in the
definition is substantive. He further noted that this proposed change has not been included in
notices regarding this application, and it has not been subjected to review by staff or by the
City-County Planning Board.
Commissioner Rudberg suggested that the Commission ask that this item be placed on
the February 17, 1997, agenda, noting that would allow staff time to review the issues raised.
Responding to Commissioner Youngman, Assistant Planner Williams stated that
Commission direction would benefit Planning staff in its research into the number of machines
included in the definition of "casino".
Following Commissioner discussion, City Attorney Luwe suggested that staff could
. process a proposed amendment to Section 18.04.350, indicating in the public notice that the
amendment is to reduce the number of gambling machines contained in the definition of
"casino" . He stated this will allow staff to proceed with research and development of an
amendment which will be subjected to consideration in light of the criteria established in the
zone code, then public hearings before the City-County Planning Board and the City
Commission. He noted that the Commission may then make a decision on whether or not to
incorporate that amendment into this Zone Code Amendment.
Responding to Mayor Stueck, the City Attorney stated he is not aware of any proposed
legislation in the upcoming session that would impact a local government's ability to regulate
gambling.
It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the
. Commission authorize and direct staff to proceed with an amendment to this Zone Code
Amendment to reduce the number of gambling machines contained in the definition of "casino",
with the public hearing on that amendment to be scheduled before the City Commission no
later than February 17, 1997. The motion carried by the following Aye and No vote: those
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voting Aye being Commissioner
Stiff, Commissioner Frost, Commissioner Youngman,
Commissioner Rudberg and Mayor Stueck; those voting No, none.
Responding to City Manager Wysocki, Mayor Stueck stated that the continued public
hearing on this Zone Code Amendment remains open until after the proposed amendment has
. been considered.
Reauest for extension of arace Deriod for imDact fees - Candis Dorsch. Big Skv Familv Trust -
three dUDlex condominium units at 20. 22 and 24 Graf Street
This was the time and place set for continued consideration of a request for extension
of the grace period for impact fees for three duplex condominium units at 20, 22 and 24 Graf
Street, as requested by Candis Dorsch, Big Sky Family Trust.
Assistant Planner Chris Saunders reviewed the additional information which he has
received and forwarded to the Commission, including the memo from Building Inspector Kurt
Albrecht to the Development Review Committee, dated March 8, 1996,
regarding the
requirement for a foundation investigation; a letter from C&H Engineering and Surveying, Inc.,
. to the Big Sky Family Trust, dated October 23. regarding the design change to the water main
connection, along with a copy of the letter from the City's Engineering Department to C&H
Engineering, dated October 4, requiring that the design be changed and the change order
executed to accommodate that change in design. The Assistant Planner stressed that these
documents are dated after the deadline for impact fees had passed.
The Assistant Planner provided some quick responses to the three key points for
requesting the extension of the deadline, as distributed by Ms. Dorsch just prior to the
Commission meeting. He noted the first is "failure to provide complete written requirements
of required building permit conditions". He stressed that two separate processes are involved
in this request, with one being the conditions for issuance of a building permit and the other
being conditions for the site plan. He noted that the Development Review Committee does not
. try to address every possible ramification for each project, but limits its review to those items
pertaining to the site plan, such as adequacy of the infrastructure. He noted that during that
process, it was noted an extension of the water and sewer mains would be necessary. He then
stated that the requirement for a soils report, which is a part of the building permit review, was
raised during the Development Review Committee meetings; the soils report was discussed at
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those meetings; and is a part of the minutes. He stressed that the applicant's representative
was present at those meetings and was aware of the issues, noting that any failure of that
representative to forward the information to the applicant is beyond the City's control.
The Assistant Planner addressed the second point, which is "failure to provide clear and
. concise, non-contradictory written building permit conditions". He noted that Condition No.
3 was discussed extensively during the previous discussion on this agenda item. He
acknowledged that there may be some ambiguity about the wording in that particular condition;
however, he stated that Condition Nos. 15 and 24 are sufficiently clear, specifically stating that
water and sewer improvements must be completed and accepted prior to issuance of a building
permit.
Assistant Planner Saunders then addressed the third point, which is "failure to provide
adequate staffing for timely processing of building permits". He stated that lack of staffing
was not necessarily a problem for the building permit only; rather, it affected site plan reviews
as well. He stressed that the applicant was responsible for meeting the conditions for the site
plan before the building permits could be drawn. He noted that staff typically does not review
. final site plans and building permit applications simultaneously, but did so in this instance in an
effort to shorten the processing time. He acknowledged that there were vacancies in the
staffing levels when the impact fee ordinance was adopted; however, he noted that full staffing
was reached prior to the September 23 deadline for processing applications without impact
fees.
Ms. Candis Dorsch, applicant, forwarded her comments on each of the three points
contained in her written information. She stated that the requirement for a soils report was not
included in the written conditions for the building permit. She acknowledged that it was
discussed during the Development Review Committee meetings; however, she noted that
several other issues were also discussed but did not become part of the written conditions.
. She noted that she did not receive a copy of Kurt Albrecht's memo until September 19,
although City staff was aware of it for six months prior to that. She then addressed the issue
of contradictory statements contained in the 23 conditions of approval, noting that in his letter
of September 20, Planning Director Epple acknowledged his understanding of her confusion.
She stressed the importance of providing clear, concise information, to avoid confusion to the
applicant. She noted that the City and the State had approved their plans for installation of
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water and sewer improvements prior to the soils report, which reflected that changes were
necessary. She stated that if they had installed the lines in accordance with the plans approved
by the City and the State, those services would have been improper and unsafe. He noted that
on October 4, the City required the soils report to be completed, after which the water and
. sewer services were redesigned and installed.
Ms. Dorsch cited newspaper articles in which Planning Director Epple was quoted
regarding the number of building permit applications prior to the March 23 deadline and the
impact that those applications were having on staff. She noted that at the March 23 deadline,
staffing was not at full level. She recognized that staffing may now be at that level; however,
she noted that the learning curve keeps the new staff members from being as efficient as the
older staff members, so overloading continues. She stated that these three issues combined
reflect the City's errors in processing of her application and give the Commission the
justification necessary to approve her request for extension of the deadline for impact fees.
Responding to Mayor Stueck, Ms. Dorsch stated the water and sewer main installation
is complete and has been certified by the City. She noted it was necessary to complete those
. improvements so that building permits could be drawn and construction undertaken, particularly
in light of the approaching winter weather. She indicated that the impact fees have been paid,
under protest, pending the outcome of the Commission's decision and, if her request is
approved, those fees will be refunded.
Responding to Mayor Stueck, Assistant Planner Saunders stated he was unable to verify
with City Engineer Brawner whether he had characterized six months as a short time in which
to complete the infrastructure improvements.
Mayor Stueck stated he feels there is adequate confusion in Senior Planner Skelton's
letter dated March 18, 1996, to justify approval of this request.
Commissioner Youngman stated that, while she can understand the confusion which
Condition Nos. 3, 15 and 24 might have created, she feels that Condition Nos. 15 and 24 are
. sufficiently clear to override the confusion which the wording in Condition No.3 might have
created. She further noted that if the applicant was confused by the letter, she should have
contacted the Planning Office in an attempt to resolve the matter. She also noted it would
have been preferable to have had a condition added regarding the soils report, but she also
does not feel that oversight is a basis upon which to approve the applicant's request. She
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noted it is important to recognize that by denying the applicant's request, the Commission
is
not stopping the project; it is simply requiring that the impact fees be paid. She further
noted
that since impact fees are only a percentage of the identified costs, the community will still
subsidize a portion of the costs of the project, just not all of the costs as it would if the
impact
. fees were waived.
Commissioner Frost stated that if this project were being handled by a non-professional,
he could understand the potential for confusion.
He noted, however, that since two
professionals are involved, he feels they should have better understood the process. He then
indicated he cannot support this request.
Commissioner Rudberg stated she feels Kurt Albrecht's memo of March 8 and the letter
dated March 18 to Mr. Jack Ranieri provide adequate information about the conditions of
approval. She recognized that the applicant may not
have received copies of those
communications when they were written, however, her professionals did.
Commissioner Stiff stated that, based on a review of the information which has been
submitted, he cannot support the request.
. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the
Commission deny the request for extension of the grace period for impact fees for three duplex
condominium units at 20, 22 and 24 Graf Street, as requested by Candis Dorsch, Big Sky
Family Trust. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Frost, Commissioner Youngman, Commissioner Rudberg and Commissioner Stiff;
those voting No being Mayor Stueck.
Ordinance No. 1432 - adding Section 2.76.220. Drohibiting dogs in the Sunset Hills Cemetery
Previously included in the Commissioners' packets was a copy of Ordinance No. 1432,
as approved by the City Attorney, entitled:
. ORDINANCE NO. 1432
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED
BY ADDING A SECTION TO BE NUMBERED SECTION 2.76.220 OF SAID CODE;
PROVIDING FOR PROHIBITION OF DOGS IN THE SUNSET HillS CEMETERY.
Included in the Commissioners' packets was a copy of the minutes from the Cemetery
Board meeting held on October 24, at which this ordinance was reviewed.
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It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that
the Commission finally adopt Ordinance No. 1432, prohibiting dogs in the Sunset Hills
Cemetery. 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. 1434 - amendina sections of Title 18 of the Bozeman MuniciDal Code. Drovidina
for accessory dwellinq units in sDecified residential zones. and amending the DUrDOSe and
membershiD of the Desian Review Board (DRB) and Administrative Desian Review (ADR) staff
Included in the Commissioners' packets was a copy of Ordinance No. 1434, as approved
by the City Attorney, entitled:
ORDINANCE NO. 1434
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONT ANA, PROVIDING
THAT THE BOZEMAN MUNICIPAL
CODE, AS
AMENDED BY ORDINANCE NO. 1424, WHICH ORDINANCE IS NOT CURRENTLY
CODIFIED IN THE BOZEMAN MUNICIPAL CODE, BE AMENDED BY REVISING
SECTIONS 18.10.020,
18.12.020, 18.14.020, 18.50.020, 18.51.010,
18.52.020 AND 18.58.020; PROVIDING FOR ACCESSORY DWELLING UNITS
IN SPECIFIED RESIDENTIAL ZONES; AMENDING THE PURPOSE OF THE DESIGN
. REVIEW BOARD,
ADMINISTRATIVE DESIGN REVIEW STAFF AND
THE
DEVELOPMENT REVIEW COMMITTEE; REVISING THE MEMBERSHIP OF THE
DESIGN REVIEW BOARD; AND REVISING MEMBERSHIP REQUIREMENTS FOR
THE ADMINISTRATIVE DESIGN REVIEW STAFF.
City Attorney Luwe reviewed his memo of November 4, in which he described the
changes which have been made between the draft ordinance included in last week's packet and
the ordinance under consideration at this time. He noted that Section 7 of the draft ordinance,
providing for revision to Section 18.58.020 of the Bozeman Municipal Code, has been deleted.
He stated that section would have provided that appeals of Planning staff would be made to
the City Commission, although those decisions are currently appealed to the Board of
Adjustment. He indicated that a review of the notice of public hearing revealed that revisions
to Section 18.58.020 were not included in the comprehensive zone code amendments. Also,
. a review of the minutes from the public hearing before the Commission held on September 16.
1996, raised questions about how that section was amended, and a review of the minutes
from the City-County Planning Board meeting revealed that the intent of the amendment was
to provide an appeal procedure for signs. He stated, however, that the resolution forwarded
by the City-County Planning Board did not include that provision.
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The City Attorney recognized that the appeal process for staff decisions on the sign
code may need to be clarified; however, he indicated the appropriate process must be followed
to do so. He then stated that if the Commission wishes to consider the proposed amendment
to Section 18.58.020, it must direct staff
to proceed with the necessary zone code
. amendment. He indicated that, in the meantime,
staff will continue to interpret the code as
it does now for appeals of Planning Director decisions pertaining to the sign code.
It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that
Ordinance No. 1434 be provisionally adopted, amending the zone code to provide for accessory
dwelling units in specified residential zones, and amending the purpose and membership of the
Design Review Board and the Administrative Design Review staff, 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.
Discussion - installation
of fence alona west side
of Sunset Hills Cemeterv. cer
. recommendations from Recreation and Parks Advisory Board and Cemeterv Board
Included in the Commissioners' packets were a copy of the minutes from the Cemetery
Board meeting held on October 24 and a memo from the Recreation and Parks Advisory Board,
dated September 6, forwarding recommendations for approval of a six-foot chain link fence
along the west side of the Sunset Hills Cemetery.
Commissioner Youngman stated she is uncomfortable with a six-foot fence, but she is
more uncomfortable with going against the combined advice of two advisory boards. She then
forwarded her interest in combined cooperation in continued installation of fencing in the future,
noting her strong preference for a four-foot chain link fencing and the simultaneous planting
of screening vegetation, which will grow to greater than four feet in height.
She also
forwarded an interest in getting public input as early in the process as possible in the future.
. Mayor Stueck noted that the purpose of the fence is temporary in nature, with its main
purpose being protection of the hedge until is has matured. He recognized that a four-foot-high
fence may be adequate in some areas, noting that as more fencing is being considered, its
height also will be.
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It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the
Commission authorize the installation of a six-foot-high fence along the west side of the Sunset
Hills Cemetery, in accordance with the recommendations from the Cemetery Board in the
minutes of its meeting of October 24, 1996, and from the Recreation and Parks Advisory
. Board, in the memo dated September 6, 1996. 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.
Review of Bozeman Improvement District Board (lOB) budaet for Fiscal Year 1996-1997
Bozeman Improvement District Board Chair Bert Hopeman noted that the budget for the
Bozeman Downtown Improvement District for Fiscal Year 1996-1997 was distributed and
reviewed during last week's agenda meeting.
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the
Commission approve the budget for the Bozeman Improvement District Board for Fiscal Year
1996-1997, and authorize and direct staff to include it in the mid-year budget amendments.
. 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.
Pledged Securities as of September 30, 1996
In compliance with the provisions of Sections 7-6-201 to 7-6-212, Montana Code
Annotated, Commissioner Rudberg and Commissioner Stiff have examined the receipts of
Depository Bonds and Pledged Securities held by the Director of Finance as security for City
funds deposited in Bozeman banks.
Commissioner Rudberg reported that the inventory of Depository Bonds and Pledged
. Securities was found to be in order.
It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the
Commission approve the Pledged Securities as of September 30, 1996, listed as follows:
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DEPOSITORY BONDS AND SECURITIES
SEPTEMBER 30, 1996
RATE MA TURITY RECEIPT NO. TOTAL AMOUNT
FIRST SECURITY BANK - Bozeman
. Federal Deposit Insurance Corporation
$ 100.000.00
TOT AL - First Security Bank - Bozeman
$ 100.000.00
AMERICAN BANK - Bozeman
Federal Deposit Insurance Corporation
$ 100.000.00
Sub-total - FDIC
$ 100.000.00
Trusteed with American Bank, N.A.:
U.S. Treasury Note 6.00
08/31/1997 182005092 $ 1,000,000.00
Federal National Mortgage Association 8.65
02/10/1998 182007113
200.000.00
Federal National Mortgage Association 5.05
03/14/1997 182007114
500.000.00
Federal Home Loan Bank 5.72
03/18/1998 182007117 500.000.00
. Federal Home Loan Bank 5.69
03/25/1998 182007118 300,000.00
Federal Home Loan Mortgage Corp 5.36
03/28/1997 182007119 500.000.00
Sub-total - Trusteed bonds and securities
$ 3.000.000.00
TOT AL - American Bank - Bozeman
$ 3.100.000.00
This is to certify that we, the Commission of the City of Bozeman, in compliance with the
provisions of Section 7-6-207, M.C.A., have this day certified the receipts of the American
Bank, N.A., for the Depository Bonds held by the Director of Finance as security, for the
deposit for the City of Bozeman funds as of September 30, 1996, by the banks of Bozeman
and approve and accept the same.
DON E. STUECK, Mayor
.
JOE N. FROST, Commissioner
JOAN M. RUDBERG, Commissioner
ALFRED M. STIFF, Commissioner
MARCIA B. YOUNGMAN, Commissioner
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The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor
Stueck; those voting No, none.
. Discussion - FYI Items
City Manager Wysocki presented to the Commission the following
"For Your
Information" items.
(1 ) Letter from Frank Carter, F.C., Inc., dated October 29, regarding visual screening
of the proposed flare at the City Landfill.
(2) Memo from Planning Secretary Carol Schott, announcing that there will be no
Development Review Committee meeting on November 6.
(3) Letter from Neighborhood Coordinator/Grantsperson James Goehrung, dated
November 1, thanking the Commissioners for their support of the application for COPS MORE
grant monies for the 9-1-1 dispatch center.
(4) Minutes from Historic Preservation Advisory Board meeting held on September
. 24, 1996.
(5) Agenda for special County Commission meeting held at 9:00 a.m. on Monday,
November 4, at the Courthouse.
(6) Notice that there will be no public meeting of the County Commission on
Tuesday, November 5, due to the Election Day holiday.
(7) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on
Wednesday, November 6, in the Commission Room.
(8) The City Manager submitted his weekly report, as follows.
(1) City crews
continue to work on picking up leaves, despite the snow and ice. (2) Attended mediation
sessions with the Bozeman Police Protective Association last week. He noted that, after
. thirteen hours with an individual from the State of Montana Department of Labor, it appears
the issues have been resolved, although no documents have been signed. (3) City staff
attended the recycling and composting meetings held at the County Courthouse last
Wednesday. (4) Met with President Malone and others regarding trails in and aroundcanpus.
(5) Met with City Judge Carlson regarding City Court issues and operations. (6) Reminded the
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Commissioners of the meeting scheduled with legislators at 7:00 p.m. on Wednesday,
November 13, in Manhattan.
(9) Commissioner Youngman submitted the following.
(1) Stated that she and
Commissioner Rudberg divided the meeting at the County on Wednesday, with Commissioner
. Rudberg attending the recycling and she attending the composting session. She noted that the
data collection phase is beginning, and in another month or two, the types of composting
options available should be known. (2) Attended the Beautification Advisory Board meeting
last week, at which work continued on the list of projects being developed in response to
requests from community groups. She noted that input from the various City boards has not
yet been received, so the list is not yet complete. She indicated that when
it is, it will be
forwarded to the Commission for review. (3) Attended the Montana People's Action
annual
meeting, noting that at that meeting, issues pertaining to affordable housing which may have
legislative implications were discussed.
(10) Commissioner Rudberg submitted the following. (1) Attended several meetings,
including the Development Review Committee, the Design Review Board, the Gallatin Council
. annual meeting, the focus group on attitudes and behavior, and the sentencing committee. (2)
Forwarded statistics on the victim/witness program, noting that in the first quarter of Fiscal
Year 1996-1997/ they assisted 52 new primary victims, 13 new secondary victims, 44 on-
going primary victims, 21 on-going victims and 25 witnesses. (3) Stated her appreciation for
the letters which Project Engineer Rick Hixson sent to residents along South Third Avenue,
noting that early notification is important. (4) Attended the recycling meeting. She suggested
that Street/Sanitation Superintendent Roger Sicz be placed on an upcoming agenda, in the near
future, to provide the Commission with an overview of the proposed cooperative recycling and
composting programs.
(11 ) Commissioner Stiff submitted the following. (1) Attended the Montana People's
. Action annual meeting. He noted that a number of candidates for State offices spoke at that
meeting stating that, no matter who wins in tomorrow/s election, Gallatin County will be well
represented. (2) Stated he feels it is important for as many Commissioners as possible to
attend the meeting with legislators in Manhattan next week. (3) Attended the Senior Center
Board of Directors meeting last week. He stated they continue to raise monies
for the new
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addition, noting they have added $11,000 since the last report. He then noted that bids for
that project will be opened on November 26.
( 12) Mayor Stueck stated that he spent much
of the weekend on the telephone, most
of it with Study Commissioner Jeff Krauss.
He forwarded his interest in Scott Heck's
. suggestion at last week's meeting that the proposed charter be refined and placed back on the
ballot as soon as possible for consideration if the charter fails at tomorrow's election.
He
suggested that those modifications could include allowing the electorate to make the decision
on whether Commissioners should be elected at large or from districts. He indicated that an
interpretation may be needed from the Attorney General on when this item may be placed back
on the ballot.
( 13) The City Manager showed the Commission
the Certificate of Achievement for
Excellence in Financial Reporting, issued by the Government Finance Officers' Association for
the Comprehensive Annual Financial Report for the Fiscal Year ending June 30, 1994.
He
reminded the Commission that this is the tenth consecutive year that the City has received
the
award, with the first being awarded for Fiscal Year 1985.
.
Consent Items
City Manager Wysocki presented to the Commission the following Consent Items.
Aoplication for Kennel license - Stephen and Holly Hunts. 208 North Teton -
Calendar Year 1996
Authorize City Manaaer to sian - Right-of-way Agreement for Parcels 4 and 5 -
North 7th Avenue/West Tamarack Street intersection
improvements -
Junior W. Tschache Trust. Ellen Kathryn Tschache.
Garv Mark Tschache.
Charlotte Rae Latta
Authorize City Manager to sign - Riaht-of-way Aareement for Parcel 3 - North
7th Avenue/West Tamarack Street intersection
improvements - Herbert
and Mary Sue Weber. Volney W. Steele and Darwin
C. Lehfeldt
Authorize City Manaaer to sian - Amendment No.3 to Professional Services
Aareement - Gaston Enaineerina and SurveYing
- widenina of South Third
. Avenue between Kagy Boulevard and Graf
Street
Ratify Bozeman Business Imorovement District sianature on Lease Agreement
with First Security Bank for office soace
at 224 East Main Street
Authorize City Manager to sign - AcceDtance of Sanitary Sewer and Water
Pipeline and Access Easement Agreement - Big
SkY Family Trust
Development Partnership - Lot 1. Block 2.
Sprina Meadows Subdivision
Claims
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It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that
the Commission approve the Consent Items as listed, and authorize and direct the appropriate
persons to complete the necessary actions. The motion carried by the following Aye and No
vote: those voting Aye being Commissioner Youngman, Commissioner Rudberg, Commissioner
. Stiff, Commissioner Frost and Mayor Stueck; those voting No, none.
Recess - 4:03 p.m.
Mayor Stueck declared a recess at 4:03 p.m., to reconvene at 7:00 p.m., for the
purpose of conducting the scheduled public hearings.
Reconvene - 7 :00 D. m.
Mayor Stuec,k reconvened the meeting at 7:00 p.m., for the purpose of conducting the
scheduled pUblic hearings.
Public hearing - Commission Resolution No. 3151 - intent to annex 23.45:!: acres located in
. Dortions of Tract 3 and 5 and all of Tract 4. Smith Subdivision. located in the N%. NWY..
Section 11. T2S. R5E. MPM (south side of Durston Road. west of and adiacent to Greenwav
Subdivision) (A-9605)
This was the time and place set for the public hearing on Commission Resolution No.
3151, as approved by the City Attorney, entitled:
COMMISSION RESOLUTION NO. 3151
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.
Mayor Stueck opened the public hearing.
Assistant Planning Director Debbie Arkell presented the staff report.
She stated the
. subject property is located along the south side of Durston Road, just west of and adjacent to
the Greenway Subdivision. She stated the subject 23.45:t -acre parcel is located in County
Zoning District NO.1. She noted that water and sewer services are readily available to the site,
with primary access to be from Durston Road and West Babcock Street via Michael Grove
Avenue. She indicated the property is currently zoned "G-R", General Residential, which allows
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for medium and high-density residential development, and it is currently in agricultural use. She
noted that development of this site would eliminate a dead-end water main which currently
exists in the Willow Subdivision.
The Assistant Planning Director stated that staff has reviewed this application in light
. of the four goals and eleven policies contained in Commission Resolution No. 3137, and those
comprehensive findings are contained in the written staff report which has been forwarded to
the Commission. She provided a summary of those findings, stating that it complies with Goal
Nos. 1 and 4 and, with the conditions recommended, complies with Policy Nos. 1, 2, 3, 4, 5,
8, 9, 10 and 11, and partially complies with Policy No.6. She noted that the concerns
forwarded by the Police Department about impact on their services should be carefully
considered when making the decision on this application.
Assistant Planning Director Arkell concluded by forwarding staff's recommendation for
approval, subject to six conditions.
Mr. Charles Hinesley, applicant, stated he feels that well-designed, well.built housing
at an affordable price is a definite need in the community. He forwarded his desire to provide
. condominiums in a eight-plex configuration at an affordable price to first-time homebuyers and
low-income families. He indicated his intent to sell those units for $55,000 to $65,000,
depending on the size of the unit. He stated that the acquisition of unannexed, unzoned land
provides for a cost savings which he intends to pass along to the purchaser. He also noted it
is critical that such a development be within city limits, on City services. He concluded
by
encouraging approval of this application.
Mr. Orville Christenot, 5200 Durston Road, stated he has resided at that address for the
past fifty years. He stated that he has no objection to the proposed annexation, except that
he is concerned about a proposal to locate so many people in such a small area. He stated that
traffic on Durston Road is excessive at the present time, noting it is difficult to get onto the
roadway, and it is unsafe for walking.
. Mr. John Mills stated he recently purchased a home on Hunters Way. He asked about
parking for development on this property, and whether his back yard will face a parking lot.
He recognized that these questions probably cannot be answered at this time.
Commissioner Frost asked if Durston Road is a dedicated County road with adequate
right-of-way, stating he wishes to avoid another situation like West Babcock Street.
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Assistant Planning Director Arkell responded that she believes parts of the roadway may
be in the same situation as West Babcock Street; however, she has not researched the matter.
Responding to Commissioner Youngman, the Assistant Planning Director stated that
impacts on roadways will be addressed during subdivision rather than during the annexation
. process. She noted that, until a development proposal has been submitted, it is difficult to
anticipate the number of vehicle trips per day.
The Assistant Planning Director noted that Durston Road is not a City road; rather, it is
a County road developed to County road standards.
She stressed that, inside city limits,
Durston Road is designated as an arterial and, through general obligation bond proceeds,
portions of it are to be improved. She noted that the current level of service on Durston Road
is acceptable under engineering standards, and it is adequate to accommodate the traffic from
development of the subject 23-acre parcel; however, it does not appear to be acceptable to
those living along and driving on the roadway.
Responding to Mr. John Mills, Mayor Stueck confirmed that barbed wire is illegal inside
city limits; therefore, once this property is annexed, it must be removed.
. Since there were no Commissioner objections, Mayor Stueck closed the public hearing.
Commissioner Frost expressed concern that the exact status of Durston Road is not
known, and he does not want to create another situation like West Babcock Street.
He
indicated that, because of the unknowns, he feels it is inappropriate to approve annexations
in this area at this time.
Commissioner Stiff recognized that traffic is a concern.
Commissioner Youngman stated that in this instance, roadways seem to be the only
infrastructure improvement about which concern has been raised.
She noted her interest in
changing the annexation policy so that roadways are addressed earlier in the process.
She
noted that if traffic is addressed at the subdivision review stage, it is important that the
. Commission remain consistent with its decision on Babcock Meadows, encouraging staff to
develop a condition which can be applied to any development along either Durston Road or
West Babcock Street to ensure that they do not reach unacceptable levels of service.
Mayor Stueck stated his concurrence with the comments which have been made
regarding Durston Road. He cautioned that, while he supports the annexation of this property,
he will look carefully at any proposal for development.
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It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the
Commission approve the annexation of the subject 23.45::t acres located along the south side
of Durston Road, west of and adjacent to Greenway Subdivision, and authorize and direct staff
to bring back a resolution of annexation upon execution of an Annexation Agreement and
. satisfaction of the following conditions:
1 . The property owner(s) shall provide usable water rights or cash-in-lieu
thereof in an amount to be determined by the
Director of Public Service,
prior to final plat approval, final site plan
approval, or the issuance of any
building permit, whichever occurs first.
2. The Annexation Agreement shall include an
executed waver of right to
protest the creation of SIDs, which shall
specify that in the event SIOs
are not utilized for the completion of these
projects, the property owner
shall agree to participate in an alternate
financing method for completion
of said improvement on a fair share, proportionate
basis as determined by
square footage of the property, linear front
footage of the property,
taxable valuation of the property, or a combination
thereof. The waiver
shall include the following:
a.
Street improvements to Ourston Road, including paving,
curb/gutter, sidewalk and storm drainage.
b.
Improvements to the intersection of Durston Road and
North 19th Avenue, including improvements to the traffic
.
signal.
3. A 45-foot strip along the north property line shall be dedicated, by written
easement, to the City for Durston Road right-of-way.
4. The Annexation Agreement shall indicate that
at the time the property is
developed, rights-of-way for the extension
of Michael Grove Avenue and
West Villard Street will be provided.
5. The Annexation Agreement shall indicate that
the property is located in
the Daum Sewer Payback area, and payback to
that fund will be required
as the property develops.
6. An annexation map with a metes and bounds
description of the property
must be submitted by the applicants for use
with the Annexation
Agreement. The map must be supplied on a mylar
for City records (18-
inch by 24-inch) and on an 8 % -inch by 11-inch
paper for filing with the
Annexation Agreement with the County Clerk
and Recorder. This map
must be acceptable to the Director of Public
Service, and shall be
submitted with the signed Annexation Agreement.
. 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.
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Public hearina - Zone MaD Amendment - establish initial zonina of "R-3" and "R-4" - Hineslev
DevelODment for Terrence Corcoran and J.A. Strowbridge - 23.45:t -acre Darcel known as
Dortions of Tracts 3 and 5 and all of Tract 4. Smith Subdivision. located in the N %. NW%.
Section 11. T2S. R5E. MPM (south side of Durston Road. west of and adiacent to Greenway
Subdivision) (Z-9676)
This was the time and place set for the public hearing on the Zone Map Amendment,
. as requested by Hinesley Development for Terrence Corcoran and J.A. Strowbridge, under
Application No. Z-9676, to establish initial zoning designations of "R-3", Residential--Medium-
Density, and "R-4", Residential--High-Density, on a 23.45:t -parcel known as portions of Tracts
3 and 5 and all of Tract 4, Smith Subdivision, located in the North one-half of the Northwest
one-quarter of Section 11, Township 2 South, Range 5 East, Montana Principal Meridian. The
subject property is more commonly located along the south side of Durston Road, west of and
adjacent to Greenway Subdivision.
Mayor Stueck opened the public hearing.
Assistant Planning Director Debbie Arkell opened the public hearing. She reviewed the
zoning designations and developments around and near the subject property. She noted that
County Zoning District No.1 is located to the north and west of the subject property and is
. zoned for residential development even though a majority of it is currently vacant, and that
"R-3" zoning is located to the south and east. She stated that much of the "R-3"
zoned
property in that immediate area contains covenants which limit development to single-family
and two-family dwelling units, so it will not reach its full development potential.
She then
reviewed other areas of "RA" zoning in the community, noting that much of it is located in the
older parts of town and has been developed with single-family homes. She stressed that there
is minimal vacant "R-4" land available for development at the present time.
The Assistant Planning Director stated that under this application, the 7.5 acres along
the east side of the property are to be zoned "R-3", with the remaining 16 acres being zoned
"R-4". She noted that staff's biggest concern about the proposed "R-4" zoning is the potential
impact on existing homes.
. Assistant Planning Director stated that staff has reviewed this application in light of the
twelve criteria for consideration of zone map amendments, and the comprehensive staff
findings are contained in the written staff report, which was previously distributed to the
Commission. She briefly highlighted some of those findings, noting that good water and sewer
services are readily available and that the road system should be able to accommodate the
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traffic without dropping to an unacceptable level of service. She indicated that the proposed
zoning is in compliance with the 1990 Bozeman Area Master Plan Update. She noted that the
proposed "R-3" designation will allow the same density of development as the existing "G-R"
zoning designation, which is twelve units per acre, and the proposed "R-4" designation will
. allow up to fifteen units per acre. She noted that, in reality, it is very difficult to reach
that
density while meeting the zone code requirements for on-site improvements such as setbacks,
landscaping and parking. She cautioned the Commission to consider this zone map amendment
without considering a specific development proposal since it is possible the property will be
sold and developed by someone else.
The Assistant Planning Director stated that under the proposed configuration for the
zoning designations, the "R-3" zoning would serve as a buffer for existing development along
Hunters Way, which is single-family and two-unit condominium development. The "R-4" zoning
along the west side of the property abuts currently vacant land, and it is buffered from future
development by strips of parkland.
Assistant Planning Director Arkell stated that the City-County Planning Board considered
. this application at its meeting held on October 1 and, following its public hearing and
consideration of the twelve criteria and staff findings contained in the staff report, concurred
with staff's recommendation for approval, subject to providing of a metes and bounds
description for each zoning designation and annexation of the subject 23.45:t -acre tract. She
noted that during its discussion, the Planning Board recognized that concerns about possible
development can be addressed during review of the subdivision, planned unit development or
major site plan to ensure that all potential impacts are adequately addressed.
Mr. Charles Hinesley, applicant, stated his concurrence with the staff report. He then
indicated that the proposed lots along the east side of the property are to be 150 feet deep,
which is approximately 50 feet deeper than usual, to provide a deeper back yard and mitigate
impacts on the development along Hunters Way.
. Responding to Mayor Stueck, Assistant Planning Director Arkell stated the conceptual
plan for the subject property provides for approximately 200 residential units. She estimated
that, at an average of 2.54 persons per dwelling unit, this development would house
approximately 500 people and would generate approximately 1,600 vehicle trips per day at full
development.
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Responding to Mr. John Mills, the Assistant Planning Director stated she has not
calculated the number of vehicles in the development, although she noted that the 2.25 parking
spaces per dwelling unit is designed to accommodate residents and guests.
Since there were no Commissioner objections, Mayor Stueck closed the public hearing.
. Mayor Stueck questioned whether "R-4" zoning is appropriate in this area.
Responding to City Manager Wysocki, the Assistant Planning Director reviewed other
locations in the community where "R-4" densities can be found, including the corner of South
11th Avenue and West Babcock Street, North 22nd Avenue and Durston Road, South 19th
Avenue and Remington Way, and South 11th Avenue, just north of Kagy Boulevard. She once
again stressed that Durston Road is designated as an arterial, noting that it will be developed
to that standard at some time in the future.
Responding to Commissioner Youngman, the Assistant Planning Director stated there
are approximately 20 to 30 acres of undeveloped "R-4" property at West Tamarack Street and
North 5th Avenue.
Commissioner Youngman stated this subject property is in a good location for this type
. of development. She noted that the proposed "R-4" zoning designation will allow for flexibility
in the configuration of development and, given zoning constraints, may not develop at any
greater density than the "R-3" zoning.
Mayor Stueck indicated his support for this proposed zoning, noting that impacts on
existing roadways must be carefully monitored during any steps for development.
Commissioner Frost stated he does not have any problem with the proposed zoning;
however, he feels the time is not appropriate.
It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the
Commission approve the Zone Map Amendment, as requested by Hinsley Development for
Terrence Corcoran and J.A. Strowbridge, under Application No. Z-9676, to establish initial
. zoning designations of "R-3", Residential--Medium-Density, and "R-4", Residential--High-
Density, on a 23.45:t -parcel known as portions of Tracts 3 and 5 and all of Tract 4, Smith
Subdivision, located in the North one-half of the Northwest one-quarter of Section 11,
Township 2 South, Range 5 East, Montana Principal Meridian, subject to the following
conditions:
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1. The applicant shall provide the City of Bozeman with a metes and bounds
description of each zoning designation before an ordinance to adopt the
zoning is approved. The zoning designations shall be computed from the
center of the proposed extension of Michael Grove Avenue, and shall
include the park and common areas in the zoning designations.
2. The property shall
be granted annexation approval
by the City
Commission, and all conditions of annexation approval shall be met
. before an ordinance to adopt the zoning is approved.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Stiff, Commissioner Youngman, Commissioner Rudberg and Mayor Stueck; those voting No
being Commissioner Frost.
Executive Session re litigation and Dersonnel
At 7:50 p.m., Mayor Stueck declared that, pursuant to Section 2-3-203(3) and (4),
M.C.A., he, as presiding officer, is closing the meeting to receive an update on litigation issues,
including the one for which he was served a complaint last week.
Ms. Gail Schontzler, reporter for the Bozeman Daily Chronicle, stated that, while she has
no great concern about closing the meeting to discuss litigation, she is concerned about
. personnel issues. She expressed concerns about the Commission discussing personnel issues,
particularly if those personnel work for the City Manager rather than for the Commission.
Mayor Stueck assured Ms. Schontzler that the Commission will limit its discussion to
issues of litigation. He further assured her that no action will be taken following the executive
session except adjournment.
At 7:57 p.m., Mayor Stueck called an executive session for the purpose of discussing
litigation issues and requested that all persons except the Commissioners, City Manager, the
City Attorney and Clerk leave the room.
At 8:50 p.m., Mayor Stueck closed the executive session and reconvened the open
meeting.
. Adjournment - 8:50 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
adjourned. The motion carried by the following Aye and No vote:
those voting Aye being
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Commissioner Frost, Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and
Mayor Stueck; those voting No, none.
(' 00Y7 Z A"~,~.A
DON E. STUECK, Mayor
. ATIEST:
~oI~
R IN L. SULLIVAN
Clerk of the Commission
.
.
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