HomeMy WebLinkAbout1996-10-07 Minutes, City Commission
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
October 7, 1996
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. The Commission of the City of Bozeman met in regular session in the Commission
Room, Municipal Building, October 7, 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.
Mayor Stueck asked if any of the Commissioners wished to have any of the Consent
Items removed for discussion. Commissioner Rudberg requested that Commission Resolution
No. 3152, establishing the revised landfill fee schedule, be removed for discussion.
Minutes - Auaust 26. September 9 and SePtember 23. 1996
It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the
. minutes of the meetings of August 26, September 9 and September 23, 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.
Continued public hearing - Commission Resolution No. 3128 - intent to annex Tracts A and
B.
COS No. 1872. and Tract 2. COS No. 1846. located in the SW~. Section 10. T2S. R5E. MPM
(135 acres at northwest corner of Huffine Lane and Ferguson Road) (A-9603)
This was the time and place set for the continued public hearing on Commission
Resolution No. 3128, as approved by the City Attorney, entitled:
COMMISSION RESOLUTION NO. 3128
. 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
TRACTS 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 TRACTS WITHIN THE CORPORATE LIMITS THEREOF.
Mayor Stueck reopened the continued public hearing.
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City Engineer Craig Brawner provided a brief overview of the planned sewer mains for
the subject area, noting that the sewer mains serving Valley Unit Subdivision were originally
planned to serve over 1,400 acres, with a large portion of the area lying south of US Highway
191. He noted that the Cottonwood interceptor sewer was then planned to provide service to
. the area to the west.
The City Engineer reviewed the information forwarded in his memos dated October
2 and October 4, in which he provided the estimated costs for the applicants' proposal and
connection through a new sewer main. He cautioned that if a temporary trunk line is allowed
from the existing 8-inch sewer line in Broadwater Avenue, it would be at an estimated cost of
$50,000. He stressed the importance of recognizing that this would be a temporary solution
only, and that the Bozeman Athletic Club would be the only facility allowed to connect to it.
The City Engineer then reviewed the estimated costs of extending the Valley Unit
sewer trunk to serve the subject property on a temporary basis, as proposed by the applicants,
until the Cottonwood Trunk line has been constructed. He estimated the total
costs of the
Valley Unit main extension at $600,000 to $700,000, cautioning that most of that amount
. would be "sunk" or lost costs. He noted, on the other hand, that the construction
of Phase
I sewer mains for Zone 8, which is the Cottonwood trunk line, would cost an estimated
$808,000, a portion of which could possibly be recovered through future paybacks.
City Engineer Brawner stated that the applicants recognize the cost effectiveness of
constructing Phase I of the Zone 8 sewer main, but have also requested authorization to
connect to the sewer main in Broadwater Avenue on a temporary basis, for the Bozeman
Athletic Club only, to ensure that lack of sewer service does not slow that project down. He
stated that staff has reviewed the capacity of the sewer main in Broadwater Avenue, which
is to serve Phase I of Courtyard Cottages, and has found it has adequate capacity to serve the
Bozeman Athletic Club, but not any additional development within this proposed annexation.
Responding to questions from Commissioner Frost, the City Engineer cautioned that
. the City's impact fees for wastewater are based on 35 percent of the projected costs in the
study; therefore, the remaining costs must be funded through another mechanism.
Responding to Commissioner Youngman, the City Engineer stated he does not
anticipate that abandonment of the sewer line, if it is extended from Broadwater Avenue on a
temporary basis, would cause any problems. He stressed that all water and sewer mains must
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be constructed in accordance with plans and specifications which have been reviewed and
approved by the Engineering Department.
Mr. Joe Sabol, attorney representing the applicants, stated that the proposal
forwarded by City Engineer Brawner is the result of meetings held over the past week, in
which
. the developers and the City staff have worked together to arrive at a solution acceptable to
everyone involved. He stated the applicants
are willing to accept City Engineer Brawner's
recommendations and to construct the Phase I, Zone 8 sewer main improvements, while
looking forward to the potential of paybacks in the future or possibly credits toward impact
fees. He stressed that the applicants wish to also receive approval to extend the sewer
main
from Broadwater Avenue, if necessary, to provide sewer service on a temporary basis while
the
new sewer trunk line is being completed. He recognized that this approval would be with
the
stipulation that no further development would be allowed to occur on the subject 135 acres
until the Phase I, Zone 8 trunk line has been constructed.
He suggested that the temporary
main extension not be a public line, but be designated as a private line to minimize potential
problems with others desiring to connect to it in the future.
. Mr. Sabol forwarded concerns about a potential difficulty in obtaining easements for
the Phase I, Zone 8 sewer trunk line, particularly in light of the fact that it took two
years to
obtain the easements for the Valley Unit trunk line. He recognized that the new sewer trunk
will actually be a benefit to other properties in the area, as well as the subject parcel,
although
others may not recognize that benefit, which can sometimes lead to difficulties in obtaining
the
needed easements. He noted, however, that
as long as the applicant receives approval for a
temporary extension of the sewer line in Broadwater Avenue, the timely construction of the
athletic club can be assured. He
requested that the Commission allow the issuance of a
building permit for the athletic club prior to the installation of the infrastructure improvements,
with the requirement that those improvements be completed prior to issuance of an occupancy
. permit, expressing concern that the process of reviewing and approving plans for water and
sewer improvements can sometimes be a lengthy one.
City Engineer Brawner reminded the Commission that building permits are issued
through the Building Inspection Division.
He then reminded the Commission that water and
sewer improvements are typically required before the issuance of a building permit, to ensure
adequate on-site facilities for protection of the structure under construction. He noted
that the
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water main must be looped, suggesting that extensions of the water mains in West Babcock
Street and Fallon Street could provide that looping.
Assistant Planner Chris Saunders reminded the Commission that the zone code
requires the infrastructure to be in place prior to the issuance of a building permit.
. Responding to questions from Commissioner Frost, City Engineer Brawner cautioned
that projects must be included in the five-year capital improvements program to be funded
through impact fees. He noted that at this time, the Zone 8 sewer trunk is not included
in that
plan. He then reviewed the mains to be installed in Phase I of the Zone 8 sewer trunk, which
include the sewer trunk from the subject property north to Oak Street, connecting to a line
between Durston Road and West Oak Street to create a loop back to the Valley Unit trunk
line.
He indicated that in future phases, the Cottonwood trunk line will be extended northward,
along Davis Road and north of the GardinerlSimmental Plaza, connecting to the main sewer
lines to the Wastewater Treatment Plant.
Mr. Joe Sabol stated it is the applicant's intent to bear the costs of the Phase I, Zone
8 sewer main extension, possibly with other property owners participating in the costs when
. they connect. He then requested a waiver from the requirement that infrastructure be in place
prior to issuance of a building permit. He noted that this will allow construction of the
athletic
club to begin as soon as possible, with the greater potential that the Phase I, Zone 8 sewer
main will be ready to serve the site prior to occupancy, thereby reducing the possible need
for
a temporary sewer line from Broadwater Avenue.
Mayor Stueck cautioned that the application under consideration at this time is for
annexation, and this type of request must be addressed through a different process.
Responding to Commissioner Frost, City Engineer Brawner stated that, based on the
fact that capacities are calculated on a conservative basis and based on current flows,
there
appears to be adequate space in the lines that would be used in the Valley Unit Subdivision
to
. accommodate the athletic club on a temporary basis.
Responding to Commissioner Youngman, the City Engineer indicated that it would be
acceptable to allow the temporary sewer line to be constructed as a private line. He suggested
that, if the grade of the sewer line is appropriate, it might be possible to use that line
as a
permanent line in future development of the property. He suggested that, since it would
be a
private line, it should be installed on private property rather than in the street rights-of-way.
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City Engineer Brawner encouraged the Commissioners to consider the proposed
revisions and additions to the conditions for approval of the annexation, as forwarded in his
October 4 memo.
Commissioner Stiff suggested that Condition No. ad be amended to start with the
. phrase: "In addition to the Annexation Agreement, the applicant shall enter into a separate
binding agreement... "
Responding to Commissioner Youngman, City Attorney Luwe stated that issues such
as the location and abandonment of the temporary sewer line should be addressed through
written agreements between the applicant and the City.
Responding to questions from Mr. Sabol, City Engineer Brawner stated his proposed
condition that the applicant be required to extend the sewer main to his property when it is
located within 1,300 feet of the property line, at his expense, is based on the general statutory
requirement that a property must be connected to a sewer main, within a specified number of
days, when it is located a specified distance from the property line. He indicated that, in this
instance, 1,300 feet is half the distance between Durston Road and West Babcock Street,
. which is the northern boundary of the subject property.
Responding to Commissioner Frost, the City Engineer stated that, from a cost
effective and logical standpoint, it makes more sense to install the Phase I, Zone 8 sewer trunk
improvements than to install a temporary sewer service from the main in Broadwater Avenue.
He stated that, if the temporary sewer service is to be allowed, it is important to attach
conditions to ensure its discontinuance in a timely manner.
Mr. Joe Sabol stated he feels it is appropriate for the 360 Ranch to bear the costs of
extending the sewer main through their property, noting that Mr. Delaney is willing to bear the
costs of extending the sewer main through his property. He then expressed concern that no
expansion of the athletic club will be allowed during its connection to the temporary sewer
. service, particularly if that condition does not allow for covering of a tennis court or possible
adding of a tennis court.
Assistant Planner Chris Saunders responded that a conditional use permit, which is
the process under which the Bozeman Athletic Club West was approved, may be expanded
only through another conditional use permit. He indicated that during that review,
any
additional impacts can be identified and addressed.
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Since there were no Commissioner objections, Mayor Stueck closed the public
hearing.
Commissioner Frost stated that, while he recognizes the benefits that a temporary
sewer service could provide the developer, he is concerned about the potential risks to
the City
. and, on that basis, he cannot support the proposed annexation. .
Commissioner Youngman stated that she could support annexation with the
requirement for a permanent sewer trunk connection, but she cannot support it with a
temporary sewer connection. She expressed concern about the bad precedent which allowing
a temporary connection might create, stating it is preferable to encourage orderly growth.
Commissioner Rudberg stressed that, if Mr. Delaney wished, he could withdraw his
application for annexation and could construct the athletic club with a septic system.
She
forwarded her personal preference for annexation and connection of that facility to City
sewer
service, even if it is initially through a temporary line.
She noted it would be preferable to
install the Phase I, Zone 8 sewer trunk line immediately, but she recognized the potential
that
obtaining easements may not occur immediately.
. Commissioner Stiff stated that, while allowing a temporary sewer connection is not
the best alternative, it is preferable to a septic system adjacent to the city.
It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the
Commission authorize and direct staff to bring back a resolution of annexation upon execution
of the Annexation Agreement and satisfaction of the following conditions:
1. Fire and Street Impact Fees for the
existing structures on the
subject property shall be paid concurrently
with the annexation of
the property.
At the time the existing structures apply for
connection to the City's Water and
Sewer facilities, those impact
fees shall also become due.
2. Water rights, or cash-in-lieu thereof,
in an amount sufficient to
supply the site with City water (as
calculated by the Director of
Public Service) shall be provided by
the applicant at final plat, final
site plan approval, or issuance of
any building permit, whichever
occurs first.
. 3. The applicant shall dedicate to the
City of Bozeman, by easement,
one-half of the
90-foot-wide right-of-way needed for West
Babcock Street, that is, the 45 feet
which is on the applicant's
property, unless otherwise provided.
4. The applicant shall dedicate to the
City of Bozeman, by easement,
one-half of the 1 OO~foot-wide right-of-way
needed for Ferguson
Avenue, that is, the 50 feet which
is on the applicant's property,
unless otherwise provided.
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5. The applicant shall provide and file
with the County Clerk and
Recorder's Office executed waivers
of right to protest creation of
SIDs for the construction of the following
improvements:
a.
Sanitary trunk sewer improvements master
planned to serve the subject property under
the City's Wastewater Facilities Plan Update.
. b.
Street improvements to West Babcock Street
and Ferguson Avenue, including
paving, curb
and gutter, sidewalks and storm drainage
facilities.
The waiver shall specify that in the
event SIDs are not utilized for
the completion of these projects, the
property owner shall agree
to participate in any alternative financing
method for completion
of said improvements 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, ultimate sewer
contribution, or combination thereof,
as approved by the City. A
copy
of the filed document shall be
submitted with the
Annexation Agreement.
6. The
applicant shall provide water
service to any future
development on the annexed property
by means of extending fully
looped water mains from the City's
central water distribution
system.
7. The
Bozeman Athletic Club facility
authorized under the
. Conditional Use Permit approved July
15, 1996 by the City
Commission may connect to the City's existing municipal sanitary
sewer system subject to the City Engineer's approval of the point
of connection and subject to the following:
a.
The City's sanitary sewer main
shall be
extended to a point adjacent to the applicant's
property.
b.
Plans and specifications for the sewer main
extension, prepared by a professional engineer
(PEl, shall be provided to and approved by the
City Engineer and Water Superintendent. The
plans shall also be approved by the Montana
Department of Environmental Quality. The
applicant shall provide professional engineering
services for construction inspection, post-
construction certification and preparation of
mylar (and digital if available) 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.
c.
No building permits will be issued prior to
completion and City acceptance
of the
completed sewer main improvements.
d.
In addition to the Annexation Agreement, the
applicant shall enter into a separate binding
written agreement with the City of Bozeman
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guaranteeing the abandonment of
the
temporary sewer service and
immediate
connection to the master planned trunk sewer
at such time as the master planned trunk
sewer is available within 1,300 feet, or less,
of the subject property's boundary.
. 8. In approving the temporary sanitary
sewer connection, sanitary
sewer service shall be allowed only for the Bozeman Athletic Club
West facilities approved on July 15, 1996, under Conditional Use
Permit Application No. Z-9643. No expansion
of the athletic club
facilities or further development of
this or any other properties
which would result in increased sewer
discharges shall be
approved prior to the completion of
the City sanitary sewer trunk
master planned to serve this property.
9. Pursuant to Condition NO.1 for approval
of the Conditional Use
Permit, as approved on July 15, 1996,
"The Development Review
Committee shall again review the Conditional
Use Permit for this
property and may, if necessary, and,
subject to the concurrence
of the City Commission, modify or impose
additional conditions of
approval. "
10. The annexation of this property shall
not relieve the applicant of
his responsibility to comply with all
terms and conditions of the
approved Bozeman Athletic Club West
Conditional Use Permit
under Application No. Z-9643.
11. An annexation map shall be submitted
by the applicant for use
. with the Annexation Agreement. The
map must be supplied on
a mylar (either 24 inches by 36 inches or 18 inches by 24 inches)
for City records and on either letter or legal size paper for filing
with the Annexation Agreement with
the County Clerk and
Recorder.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Stiff, Commissioner Rudberg and Mayor Stueck; those voting No being Commissioner Frost and
Commissioner Youngman.
Ordinance No. 1431 - Salarv Ordinance for Fiscal Year 1996-1997
Included in the Commissioners' packets was a copy of Ordinance No. 1431, as
approved by the City Attorney, entitled:
ORDINANCE NO. 1431
. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONT ANA, FIXING THE MONTHLY SALARY AND OFFICIAL BOND OF THE
HEADS OF DEPARTMENTS, CITY JUDGE AND THE EMPLOYEES OF THE
CITY COMMISSION OF THE CITY OF BOZEMAN AS REQUIRED BY LAW.
City Manager Wysocki reminded the Commission that statutes require the Commission
to adopt the salaries for the department heads, its employees and the City Judge by ordinance.
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He indicated that the salaries contained in this ordinance reflect a 3-percent increase,
which
is the same increase as other employees have received this year.
Commissioner Rudberg requested information on the deferred compensation for each
of the employees in the ordinance prior to final adoption of the ordinance.
. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that
the Commission provisionally adopt Ordinance No. 1431, the salary ordinance for department
heads, the City Judge and employees of the City Commission, 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 Frost, Commissioner Youngman, Commissioner Rudberg,
Commissioner Stiff and Mayor Stueck; those voting No, none.
Ordinance No. 1432 - adding Section 2.76.220. crohibitina dogs in the Sunset Hills Cemetery
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.
City Attorney Luwe reviewed the exceptions to the prohibition of dogs in the
cemetery. He then suggested that, if the Commission wishes, it could provisionally adopt
the
ordinance and then ask the Cemetery Board to review it and forward its recommendations prior
to final adoption.
It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that
Ordinance No. 1432, prohibiting dogs in the Sunset Hills Cemetery, be provisionally adopted
and that it be brought back for final adoption on November 4, after the Cemetery Board has
had
. an opportunity to review it and forward a recommendation. 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.
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Discussion re Historic Preservation Advisorv Commission's request to expand its membership
to provide for UP to fifteen members
Responding to Commissioner Youngman, City Attorney Luwe stated that if the
Commission approves of this concept, staff will bring back an ordinance providing for the
expanded membership for Commission consideration. He stated that at that time, the
. Commission will have an opportunity to review the revised language and forward suggestions
for additional revisions.
It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the
Commission authorize and direct staff to bring back an ordinance revising the membership of
the Historic Preservation Advisory Commission, as requested by that body. 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.
Commission Resolution No. 3152 - establishing a revised landfill fee schedule. effective
November 4. 1996
. Included in the Commissioners' packets was a copy of Commission Resolution No.
3152, as approved by the Commission, entitled:
COMMISSION RESOLUTION NO. 3152
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, ESTABLISHING A REVISED LANDFILL FEE SCHEDULE FOR
USERS OF THE CITY OF BOZEMAN LANDFILL.
City Manager Wysocki reminded the Commission that Commissioner Rudberg had
requested this item be removed from the Consent Items. He stated that this
revised fee
schedule represents a 6~percent increase in fees. He noted that an average pickup
load of
garbage weighs 180 pounds, which is lower than the weight upon which the minimum fee is
calculated. He then indicated that the fines for liquids were included in the landfill
fees
established in 1992, but have since been dropped; and staff has requested that they be added
. back into the schedule since liquids cannot be accepted at the landfill. He then reminded the
Commission that only 15 percent of the garbage deposited at the landfill is from City collection
trucks; the remaining 85 percent is from other haulers and private citizens.
Responding to Commissioner Rudberg, the City Manager stated that the landfill fees
were last increased about this time last year.
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It was moved by Commissioner Frost, seconded by Commissioner Youngman, that
the Commission adopt Commission Resolution No. 3152, establishing a revised landfill fee
schedule, effective November 4, 1996. 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.
Discussion - FYI Items
City Manager Wysocki presented to the Commission the following "For Your
Information" items.
( 1 ) Letter from Glenn and Lee Allinger,
112 Westridge Drive, dated October 1,
forwarding input on four different issues.
(2) Letter from Gallatin Valley Land Trust,
dated September 23, asking that the
City of Bozeman act as lessee of the railroad right-of-way for the Story Mill Spur Trail and pay
the annual $25.00 lease fee.
The City Manager indicated that he has committed the City to this arrangement,
. unless the Commission determines not to do so; the Commission concurred that the City should
serve as lessee and pay the annual fee.
(3) Letter from the Gallatin Valley Land
Trust, dated August 5, asking that the
City bear $732.00 of the expenses it has billed for improvements to the trail along the
northeast side of the New Hyalite View Subdivision.
Commissioner Youngman suggested that this request be placed on the October 21
agenda for consideration.
Responding to Mayor Stueck, the City Manager indicated the trail is located on an
easement from the Bozeman Deaconess Foundation.
(4) Copy of the police log from September
30, in which three dog complaints
. are listed.
(5) Copy of the Gallatin Development Corporation
News, dated September
1996.
(6) Copy of the Gallatin Development Corporation's
Partner's Update, dated
September 1996.
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(7) Minutes from the Bozeman Beautification
Advisory Board meetings held on
June 26 and July 17, 1996.
(8) Agenda for the Development Review
Committee meeting to be held at 10:00
a.m. on Tuesday, October 8, in the Commission Room.
. (9) Agenda for the Design Review Board
meeting to be held at 3:30 p.m. on
Tuesday, October 8, in the Commission Room.
(10) Agenda for the County Commission
meeting to be held at 1 :30 p.m. on
Tuesday, October 8, at the Gallatin County Courthouse.
(11 ) Agenda for the Transportation
Coordinating Committee meeting to be held
at 10:00 a.m. on Wednesday, October 16, in the Library meeting room.
(12) Minutes from the Highway Commission
telephone meeting held on August
2, the regular meeting held on August 14 and 15, and the telephone meeting held on
September 4, 1996.
The City Manager noted that, on Page 4 of the August 14 meeting, there is discussion
about the speed zone on Highway 93 near Darby. He briefly highlighted the process, which
. began in November 1993, with the study being conducted in July 1995 and action just being
taken. He cautioned that the City is encountering the same types of timing problems in its
request for a speed study on Kagy Boulevard. He suggested that, during the
upcoming
legislative session, it may be appropriate to seek a timeframe under which the Department of
Transportation must react to this type of request.
(13) Copy of the notice that the Gallatin
County Planning Department will be
closed to the public on Fridays, to allow staff time to perform their work assignments.
(14) The City Manager submitted his
weekly report, as follows. (1) Attended the
Firemen's Breakfast this morning. (2) Attended the Chamber of Commerce retreat last week,
during which he provided input on City activities. (3) Attended the luncheon meeting on the
Burns Telecommunications program last Wednesday. (4) Announced that Assistant City
. Manager Ron Brey is attending the International City/County Management Association meeting
this week. (5) Stated he has had several conversations with representatives for the
MSU
Foundation subdivision, noting that City staff is awaiting information from the engineering
consultants. (6) Announced that Park/Cemetery/Forestry Superintendent John McNeil
and
Director of Public Service Phill Forbes met with representatives from the Gallatin Valley Softball
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Association to finalize this year's activities and begin preparations for next year's season.
(7) Announced that the City used 1,136 acre feet of water from Hyalite during the 1995
season and 1,990 acre feet of water this year.
( 15) Commissioner Youngman submitted the following. (1) Attended a workshop
. at MSU over the weekend regarding Internet communications for schools, libraries and
communities. She noted that the information was interesting and could be valuable in setting
up a bulletin board for the City. (2) Spoke at the Montana Parks and Recreation Association
meeting held last week.
( 16) Commissioner Stiff stated that he attended the Senior Center Board meeting
last week. He indicated that they have raised $107,000 of the $195,000 in matching monies
needed for the expansion project.
(17) City Attorney Luwe stated that Commission Resolution No. 3138, which
establishes the revised cemetery fees, contains a typographical error in one of the fees.
He
then indicated that staff will bring back a resolution on the October 21 agenda for Commission
action, and asked if the Commission wishes to allow staff to collect the accurate fee between
. now and the October 21 meeting; the Commissioners indicated their concurrence.
( 18) Mayor Stueck submitted the following. (1)
Attended the Recreation and
Parks Advisory Board meeting last Thursday night. He distributed copies of the itemized City
expenses for the Sweet Pea '96 activities, exclusive of police officers, noting that the grand
total is $4,756.55. He indicated that the Board is attempting to address this issue, which may
be in the form of a recommendation for damage deposits in the future. (2) Stated
that the
official record for the Bozeman School District reflects a loss of 41 students in grades K
through 5, an increase of 14 students in grades 6 through 8, and a loss of 7 students in grades
9 through 12. He noted that the loss of 91 elementary students last year and 41 students this
year is equal to over one-half of an elementary school, which may be to the District's
. advantage as it attempts to upgrade the older schools. He then stated that the student
populations in Belgrade, Manhattan and Three Forks continue to increase.
Consent Items
City Manager Wysocki presented to the Commission the following Consent Items.
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Commission Resolution No. 3149 - encouragina Leaislature to increase Der-
line charae for emeraency communication
services
COMMISSION RESOLUTION NO. 3149
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, ENCOURAGING THE MONTANA STATE LEGISLATURE TO
. INCREASE THE PER-LINE FEE FOR EMERGENCY COMMUNICATION
SERVICES, WITH THE REVENUE INCREASE TO BE DISTRIBUTED TO
CITIES AND COUNTIES.
Authorize City Manaaer to sian - Annexation Agreement between City and
N.R. (Rick) PODe - 1.0 acre located
in the NE%. SE%. Section 31.
T2S. R5E. MPM - 1233 Story Mill Road
(west side of Story Mill
Road between Bridaer Drive and Mcllhattan
Road)
Commission No. 3150 - annexing 1.0 acre located in the NE%. SE%.
Section 31. T2S. R5E, MPM - 1233 Story
Mill Road (west side of
Story Mill Road between Bridaer Drive
and Mcllhattan Road)
COMMISSION RESOLUTION NO. 3150
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, EXTENDING THE BOUNDARIES OF SAID CITY OF BOZEMAN
SO AS TO INCLUDE WITHIN THE CORPORATE LIMITS OF THE CITY OF
BOZEMAN A TRACT OF LAND CONTIGUOUS TO SAID CITY (FORMERLY
REFERRED TO AS THE POPE ANNEXATION REOUEST) AND HEREIN MORE
PARTICULARL Y DESCRIBED.
. Staff reDort - reauest for annexation of 23.45 + acres located in Dortions
of Tracts 3 and 5 and all of Tract 4. Smith Subdivision. located in
the NY2. NW%. Section 11, T2S. R5E. MPM (south side of
Durston Road. west of and adiacent
to Greenwav Subdivision) -
Terrence Corcoran and J.A. Strowbridge
Commission Resolution No. 3151 - intent to annex 23.45 ::t: acres located
in Dortions of Tracts 3 and 5 and all
of Tract 4. Smith
Subdivision. located in the NY2. NW%.
Section 11. T2S. R5E.
MPM (south side of Durston Road. west
of and adiacent to
Greenway Subdivision): set Dublic hearina
for November 4. 1996
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.
. Acknowledae receiDt of reauest for extension of sewer service outside city
limits - Anita Saunders. 27489 Frontage Road: refer to staff
Authorize staff to eroceed with bid for new fire DumDer truck
Reauest for waiver of street cut Dolicy - to allow cuttina of West Lincoln
Street at MaDle Lane (near Alder Court)
for extension of water and
sewer services to University ADartments
Droiect - Gaston
Enaineerina for Bin Chana
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Authorize Mavor to sign - Findinas of Fact and Order - minor subdivision of
1.1 OS-acre parcel known as Tract 2
and the east 15 feet of Tract
3. Mountain Vista Subdivision to create
two residential lots
(corner of South 20th Avenue and West
College Street)
Authorize Mayor to sian - Findinas of Fact and Order - oreliminary Dlat for
Diamond Estates Subdivision - subdivide
19.957 acres located in
. the EY2. WY2. EY2. SEy... Section 3.
T2S. R5E. MPM into nine
residential lots and one remainder lot for future residential
development (north side of Durston Road at Meaaher Avenue
extended)
Authorize City Manaaer to sian - Amendment No.2 to Professional Services
Agreement - Corrosion Control Proiect
at Water Treatment Plant.
Damschen & Associates
Authorize City Manaaer to sian - Amendment No.4 to Agreement between
Montana Deoartment of TransDortation.
Gallatin County and City
of Bozeman re North 19th Avenue interchanae
rest area/visitors'
center
Authorize City Manager to sign - Amendment No. 5 to Professional
Services Agreement with Morrison.Maierle
re North 19th Avenue
interchanae rest area/visitors' center
Authorize exoenditure of $6.487.05 as oartial reimbursement for costs
billed bv the State of Montana Deoartment
of Environmental
Qualitv for the Bozeman Solvent Site
for the oeriod Aoril 1
through June 30. 1996
. Award bid - two 1997 four-door sedan oolice cars - Danhof Chevrolet Geo.
Inc.. Manhattan. Montana - bid amount of $35.626.00
Reauest for City of Bozeman to co-soonsor Know Your Watershed: Gallatin
workshoo. beina held on October 11
and 12 at the Museum of
the Rockies
Aoolication for temoorarv beer license - Belgrade Bandit Booster Club. Inc. -
Gallatin County Fairarounds - October
19. 1996
Claims
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 - 4:52 o.m.
Mayor Stueck declared a recess at 4:52 p.m., to reconvene at 7:00 p.m., for the
purpose of conducting the scheduled pUblic hearings.
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Reconvene - 7:00 c.m.
Mayor Stueck reconvened the meeting at 7:00 p.m., for the purpose of conducting
the scheduled public hearings.
. Public hearina - COA with deviation from Section 18.18.050 of the Bozeman Municical Code
to allow removal of an existing dilacidated garage and construction of new two-car garaae on
same footcrint. thus encroachina 7 feet into reauired 8-foot side yard setback on lots 9 and
10. Block 48. West Park Addition - Robert Ekev and Kristine Thomas. 719 South 6th Avenue
(Z-9679)
This was the time and place set for the public hearing on a Certificate of
Appropriateness with deviation from Section 18.18.050 of the Bozeman Municipal Code,
requested by Robert Ekey and Kristine Thomas, under Application No. 2-9679, to allow the
removal of an existing dilapidated garage and the construction of a new two-car garage on the
same footprint, thus encroaching seven feet into the required eight foot setback on Lots 9 and
10, Block 48, West Park Addition. The subject property is more commonly known as 719
South 6th Avenue.
Mayor Stueck opened the public hearing.
. Historic Preservation Planner Derek Strahn presented the staff report. He stated that
the new two-car garage is to be constructed on essentially the same footprint as the old
garage. He noted there is a question about whether the existing garage is located wholly on
the applicant's lot or if it encroaches onto the adjacent property, but the new garage will be
located one foot inside the property line. He noted that the style of the new garage
will be
compatible with the historic character of the subject property as well as the neighborhood.
The Historic Preservation Planner stated that staff has reviewed this application and
recommended approval, subject to the boilerplate condition. The Design Review
Board
conducted its review of the application at its September 10 meeting, after which it also
forwarded a recommendation for approval, subject to the recommended condition.
Mr. Bob Ekey, applicant, stated that their property is fifty feet wide. He also noted
. that many of the garages in the immediate area are located close to the property lines. In light
of their desire to maximize the usable space in their back yard, they have proposed locating the
garage close to the side property line.
Mr. Ty Braden, 721 South 6th Avenue, stated his property is adjacent to the subject
property. He stated his support for th.e proposed garage, characterizing it as a definite upgrade.
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No one was present to speak in opposition to the requested deviations.
Since there were no Commissioner objections, Mayor Stueck closed the public
hearing.
It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the
. Commission approve the Certificate of Appropriateness with deviation -from Section 18.18.050
of the Bozeman Municipal Code, requested by Robert Ekey and Kristine Thomas, under
Application No. Z-9679, to allow the removal of an existing dilapidated garage and the
construction of a new two-car garage on the same footprint, thus encroaching seven feet into
the required eight foot setback on Lots 9 and 10, Block 48, West Park 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
Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor
Stueck; those voting No, none.
.
Public hearina - COA with deviations from Sections 18.18.030 and 18.50.160. Bozeman
MuniciDal Code. to allow demolition and reconstruction of rear addition and new front Dorch.
and conversion of sinale-familv into two-familv house on Lots 19 and 20. Block 2. Davis and
Babcock Addition - Dvnamic Desians representing Richard Mecklenburg. 211 North Wallace
Avenue (Z-9678)
This was the time and place set for the public hearing on a Certificate of
Appropriateness with deviations from Sections 18.18.030 and 18.50.160 of the Bozeman
Municipal Code, as requested by Richard Mecklenburg, under Application No. 2-9678, to allow
the demolition and reconstruction of a rear addition and new front porch, and the conversion
of a single-family dwelling into a two-family dwelling on Lots 19 and 20, Block 2, Davis and
Babcock Addition. The subject property is more commonly known as 211 North Wallace
Avenue.
. Mayor Stueck opened the public hearing.
Historic Preservation Planner Derek Strahn presented the staff report. He stated that
under this application, the non-historic rear addition, the safety of which is questionable, is to
be removed and replaced with a new, more historically sensitive addition; a dormer is to be
added to the south roof of the house; a front porch is to be constructed; the house is to be re~
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roofed; and the brick on the existing house is to be repaired or replaced as needed. He noted
that the subject lot is 50 feet wide and, under the code, a 60-foot-wide lot is required for a
two-family dwelling. He noted that the existing house is located 17
feet from the front
property line, rather than the required 25 feet; therefore, a deviation is required to allow
. expansion of that non-conforming structure.
The Historic Preservation Planner stated that the subject property is one of the oldest
in Bozeman, being constructed long before modern zoning. He
stated that the proposed
changes in the home would have minimal effect on the character of the site and would, in fact,
improve its historic value and functionality. He indicated that the new rear addition will also
enhance the safety and appearance of the house.
The Historic Preservation Planner stated that, following review of this application,
staff recommended approval, subject to the boilerplate condition. Following its review of the
application at its
September 10 meeting,
the Design Review Board forwarded
its
recommendation for approval, subject to the boilerplate condition plus three more conditions.
He briefly reviewed those conditions, which were added to ensure the final appearance of the
. dwelling unit.
Historic Preservation Planner Strahn stated that, late this afternoon, he received a
letter from an individual who has indicated that she is part owner of the property and has
concerns about the project. In response to that letter, he forwarded
the City Attorney's
suggestion that the following condition be added to possible approval of this application: "That
a title report on the project be required, at the applicant's expense, and that all parties of record
must sign off on acceptance of the project." He indicated that this will ensure any legal tangles
are addressed before the project moves forward. He also suggested that the Commission may
wish to amend the boilerplate condition to state "... within one year of Certificate of
Appropriateness approval or until legal disputes regarding this project are completely resolved
"
...
e Souther, 118 East Beall Street, representing the applicant, stated concurrence with
the staff presentation. She noted that the applicant is still living in
the house, but has no
power and cannot obtain power without the appropriate City permits.
She asked if the
Commission could help in that process, so he may continue to live in the house while it is being
upgraded.
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Responding to the Commission, Planning Director Epple indicated that the letter to
which the Historic Prservation Officer referred is in his office, and characterized it as a letter
of opposition.
Responding to Mayor Stueck, Historic Preservation Planner Strahn stated that the
. existing house is not currently in the best state of repair, but he was not aware there is no
electricity to it. He cautioned that care must be taken to ensure that the process for requiring
all conditions be met is not compromised. He then indicated it is not necessary
to have a
building permit to get the electricity connected to a building.
Responding to questions from Commissioner Stiff, the City Manager suggested that
the boilerplate condition not be amended.
Responding to Commissioner Frost, the Historic Preservation Planner stated that, upon
request by the applicant, Certificate of Appropriateness approval may be extended for up to one
year, with six months being the length of a typical extension.
No one was present to speak in opposition to the requested deviations.
Since there were no Commissioner objections, Mayor Stueck closed the public
. hearing.
It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the
Commission approve the Certificate of Appropriateness with deviations from Sections
18.18.030 and 18.50.160 of the Bozeman Municipal Code, as requested by Richard
Mecklenburg, under Application No. Z-9678, to allow the demolition and reconstruction of a
rear addition and new front porch, and the conversion of a single-family dwelling into a two-
family dwelling on Lots 19 and 20, Block 2, Davis and Babcock Addition, subject to the
following conditions:
1. The applicant shall utilize 6-inch
ColorLok siding materials on the
proposed new addition;
2. The applicant shall utilize asphalt
shingles for the proposed roofing
. improvements;
3. The applicant shall closely follow the Historic Preservation
Officer's
suggestions with respect to masonry
repair and
replacement;
4. That a title report on the project
be required, at the applicant's
expense, and that all
parties of record must sign off on
acceptance of the project; and
~~~d ~:i;
~VP7
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5. 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
Stiff, Commissioner Frost, Commissioner Youngman, Commissioner Rudberg and Mayor
. Stueck; those voting No, none.
Public hearina - Zone MaD Amendment - establish initial zonina designation of "R-MH" on 6.15
acres described as Dart of Tract 1 and all of Tracts 2. 3 and 4. Fowler Subdivision. in the SE%..
NW%.. Section 11. T2S. R5E. MPM - Dennis Balian (north side of West Babcock Street. iust
west of Hunters Way) (Z-9666)
This was the time and place set for the public hearing on a Zone Map Amendment,
as requested by Dennis Balian, under Application No. 2-9666, to establish an initial zoning
designation of "R-MH", Residential--Single-family, Mobile Home, on 6.15 acres known as part
of Tract 1 and all of Tracts 2, 3 and 4, Fowler Subdivision, located in the Southeast one-
quarter 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 north side
of
. West Babcock Street, just west of Hunters Way, and is more commonly known as 2701 West
Babcock Street.
Mayor Stueck opened the public hearing.
Associate Planner Dean Patterson gave the staff report.
He stated the subject
property is currently located in County Zoning District No.1. He indicated that it
is a long,
narrow piece, approximately 200 feet wide by 1,300 feet long, with West Babcock Street
along the south end and West Mendenhall Street bisecting the parcel. He reviewed
the
surrounding land uses, which include mobile homes, single-family, and multi-family residential
units.
The Associate Planner stated that the annexation process for the subject parcel has
been started but not yet completed; and a zone map amendment to "R-3", Residential--Medium-
. density, has been previously approved, contingent upon annexation. He further noted that the
preliminary plat for the Yellowstone Peaks Subdivision has previously been approved.
He
indicated that the applicant is willing to withdraw the "R-3" zoning application if the "R-MH"
zoning is approved.
1 0-07-96
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~ 21 ~
Associate Planner Patterson stated
that staff has reviewed this application in light of
the twelve criteria set forth in the statutes for consideration of zone map amendments, and the
staff's comprehensive findings are contained in the staff report. He highlighted some of those
findings, noting that development under the proposed "R-MH" zoning designation will probably
. be at a lower density than the previously approved "R~3" zoning designation. He noted that,
while mobile homes have a negative connotation when considering property values, multi-family
units often carry the same connotation. He stated that today's manufactured homes are of
much higher quality than those constructed ten to twenty years ago, therefore, he suggested
the negative impacts would be minimal. He concluded by forwarding staff's recommendation
for approval. He indicated that the City-County Planning Board conducted its public hearing
on September 17 and, following that hearing, concurred in staff's recommendation for
approval.
Mr. Dennis Balian, applicant, noted
that the previously approved preliminary plat will
allow 44 townhouse units, and a total of 36 units could be accommodated under the requested
"R-MH" zoning designation. He stated that this will result in a slightly lower impact on West
. Babcock Street, which is of constant concern when reviewing proposals for development in this
area. He noted, with interest, that both his proposals for multi-family and mobile home
development of the subject property have generated negative comments regarding impacts on
surrounding property values. He concluded by encouraging Commission approval
of this
application.
No one was present to speak in opposition
to the requested Zone Map Amendment.
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 Zone Map Amendment, as requested by Dennis Balian, under
Application No. 2-9666, to establish an initial zoning designation of "R~MH", Residential--
. Single-family, Mobile Home, on 6.15 acres known as part of Tract 1 and all of Tracts 2, 3 and
4, Fowler Subdivision, located in the Southeast one-quarter of the Northwest one-quarter of
Section 11, Township 2 South, Range 5 East, Montana Principal Meridian, and authorize and
direct staff to bring back an ordinance implementing the zone change upon completion of the
annexation process. The motion carried by the following Aye and No vote: those voting Aye
1 O~O7-96
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being Commissioner Frost, Commissioner Youngman, Commissioner Rudberg, Commissioner
Stiff and Mayor Stueck; those voting No, none.
.
Commissioner Frost requested a staff update on West Babcock Street on an upcoming
agenda.
. Public hearino - Zone MaD Amendment - from "R-S" to "R-MH" - 17 .49-acre tract known as
5Dringhill Mobile Home Park. located in the SE%. Section 23. and the SE%. Section 24. T1 S.
R5E. MPM (approximatelv % mile east of Springhill Road on SDrinahill Lane) (Z-9675)
This was the time and place set for the public hearing on a Zone Map Amendment,
as requested by the City Commission under Application No. Z-9675, to change the zoning on
a 17 A9-acre tract known as Springhill Mobile Home Park, located in the Southeast one-quarter
of Section 23, and the Southeast one-quarter of Section 24, Township 1 South, Range 5 East,
Montana Principal Meridian, from "R-S", Residential--Suburban Country Estates, to "R-MH",
Residential--Single-family Mobile Home. The subject property is located approximately
one-
quarter mile east of Springhill Road on Springhill Lane.
Mayor Stueck opened the public hearing.
. Associate Planner Christopher Williams presented the staff report. He noted that the
Springhill Mobile Home Park was platted in 1970, prior to the current "R-S" zoning designation,
and the "R-S" designation was applied in 1979. He reminded the Commission that 28 mobile
homes were initially installed on the subject property, and approval was recently granted for
an additional 17 mobile home lots. He further reminded the Commission that on August
7,
variances were unanimously approved to allow development of those lots, which dQ not meet
the minimum lot size or lot width requirements for the "R-S" zoning district, and to allow for
8-foot side yard setbacks. He further noted that at that time, staff was directed to bring back
a zone map amendment to change the zoning to "R-MH", to better reflect the characteristics
of the existing development.
Assistant Planner Williams stated that staff has reviewed this application in light of
. the twelve criteria established in the Montana Code Annotated, and the comprehensive staff
findings are contained in the written staff report. He briefly highlighted
those findings,
forwarding staff's recommendation for approval. He stated that at its September 17 meeting,
the City-County Planning Board conducted its public hearing on this application, after which it
concurred in staff's recommendation for approval.
1 0-07-96
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Mr. Lowell Springer, representing the owner of Springhill Mobile Home Park, indicated
support for the Zone Map Amendment and a willingness to respond to questions.
No one was present to speak in opposition to the proposed Zone Map Amendment.
Since there were no Commissioner objections, Mayor Stueck closed the public
. hearing.
It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that
the Commission approve the Zone Map Amendment requested under Application No. Z-9675,
to change the zoning on a 17.49-acre tract known as Springhill Mobile Home Park, located in
the Southeast one~quarter of Section 23, and the Southeast one-quarter of Section 24,
Township 1 South, Range 5 East, Montana Principal Meridian, from "R-S", Residential--
Suburban Country Estates, to "R-MH", Residential--Single-family Mobile Home, and authorize
and direct staff to bring back an ordinance implementing the zone change. 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.
.
Public hearing - Zone Code Amendment - add ChaDter 18.45. creatina a casino overlav zone
(Z-9674)
This was the time and place set for the public hearing on a 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 opened the public hearing.
Assistant Planner Christopher Williams presented the staff report, distributing copies
of the proposed amendments, dated October 7,
1996, and a listing of the various
establishments in the community and the number of gambling machines in each. He reminded
the Commissioners that on April 1, they adopted a six-month moratorium on applications for
. casinos, to allow an opportunity for consideration of restrictions on the locations of casinos
and, on September 30, that moratorium was extended for an additional six months. He noted
that this moratorium was in response to a recent proliferation of casinos within the community.
The Assistant Planner reviewed the proposed zone code amendments, which include
a definition of "casino" and create an overlay district in which they may be located. He noted
10-07-96
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that the overlay district may only be located in the "M-1", Light Manufacturing, or "M-2"
Manufacturing and Industrial, zoning districts, and it may not be located within an entryway
overlay district except for the 1-90 overlay district.
Responding to City Attorney Luwe, the Assistant Planner suggested that where the
. 1-90 overlay district overlaps another entryway overlay district, the other entryway overlay
district should prevail since it is more restrictive. He noted that the language in the proposed
amendments should be revised to reflect that. He also raised a question about whether casinos
should be prohibited in planned unit developments.
Assistant Planner Williams stated that staff reviewed this application in light of the
twelve criteria set forth in the Montana Code Annotated, and the comprehensive findings are
contained in the written staff report. He summarized those findings by indicating that staff
found the Zone Code Amendment to be in compliance with those criteria. He noted that the
City-County Planning Board conducted its public hearing on this application at the September
17 meeting, after which it forwarded a recommendation for approval.
Dr. Howard Busching, 1914 Spring Creek Drive, addressed the issues of gambling and
e casinos in general. He stated that in the three years he lived in Reno, Nevada, the church in
which he ministered was burglarized seven times. He noted that most of the residents of that
city recognized that it would be a more desirable place to live if it had not been for the
gambling. He expressed concern that the image portrayed to today's youth is that winning
through various gambling options is what brings happiness.
Mrs. June Busching, 1914 Spring Creek Drive, stated that those she has talked to
over the past six months have expressed concern about the number of casinos in the
community. She characterized more casinos as more trouble for the community, rather than
helping the community's economy.
Mr. Mike Powers, 270 Comfort Lane, noted that the definition of a "casino" includes
. the provision that the establishment has fifteen or more machines, stating he would prefer to
see that number lowered to three or five machines.
Mrs. Jacque Powers, 270 Comfort Lane, stated her support for anything that can
slow down gambling in the community. She suggested that casinos should not be restricted
in the city only, but that the restriction should extend out along the roadways into the
community as well.
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Mr. Doyle Yaney, 85 Bozeman Trail Road, stated he feels gambling and alcohol fit into
the same category as alcohol and driving.
Mrs. Elizabeth Fuller, 702 Bridger Drive #16, noted all of the new casinos constructed
recently and asked where they have acquired the licenses to sell alcoholic beverages that are
. needed to operate such a facility.
No one was present to speak in opposition to the propose Zone Code Amendment.
Since there were no Commissioner objections, Mayor Stueck closed the public
hearing.
Responding to Commissioner Youngman, Assistant Planner Williams recognized it may
be necessary to revise Section 18.45.040.0. to clarify where alcoholic beverages may be
consumed, to avoid potential problems in the future.
Commissioner Frost stated his support for lowering the number of machines in the
definition of casino, possibly to five or six.
Commissioner Youngman noted that during the public meetings, there was wide
support for reducing the number of machines as far as possible. She recognized that there is
. a point at which the number of machines is incidental to the main use, but she is uncertain
what that is. She then suggested that five, six or seven might be a reasonable number
to
include in the definition.
Responding to Commissioner Stiff,
the Assistant Planner stated
that if this
amendment is adopted, existing casinos will be grandfathered.
Commissioner Youngman characterized this proposed amendment as reclaiming the
original intent of allowing gambling machines in Montana.
As a result of Commission discussion, issues to be considered prior to acting on this
Zone Code Amendment include the number of machines contained in the definition, whether
casinos should be required to go through the conditional use permit process or allowed as a
permitted use, and whether casinos should be allowed in planned unit developments.
. It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the
Commission table action on this item until the November 4 meeting at 3:00 p.m. 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.
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Public hearing - variances from Sections 18.38.060 and 18.56.090 of the Bozeman MuniciDal
Code to allow construction of a three-story medical office building which exceeds the 38-foot
heiaht limitation bv 8 feet and waive the reauirement to acauire a building Dermit within six
months of aDproval of a variance - Bozeman Deaconess HosDital for 931 Hiahland Boulevard
(2-9614)
This was the time and place set for the public hearing on the variances from Sections
. 18.38.060 and 18.56.090 of the Bozeman Municipal Code, as requested by Ellerbe Becket
Construction Services, Inc., for the Bozeman Deaconess Hospital, under Application No.
C-9614, to allow construction of a three-story medical office building which exceeds the 38-
foot height limitation by eight feet, and to waive the requirement to acquire a building permit
within six months of approval of the variances. The subject property is located at 931 Highland
Boulevard.
Mayor Stueck opened the pUblic hearing.
Assistant Planning Director Debbie Arkell presented the staff report. She stated that
these variances are being sought in conjunction with a major site plan application to allow
construction of the third medical building at the Bozeman Deaconess Hospital complex. She
noted that the hospital is built on a sidehill, and the proposed new structure is to be located
. on the west side of the existing buildings. She reviewed elevations in the immediate area,
noting the elevation is 4,910 feet at the upper level of the site, dropping 12 feet to the location
of the proposed building. She noted that, with this differential, from the east side of the
building, the office building will appear to be two stories high.
The Assistant Planning Director stated that staff has reviewed the two requested
variances in light of the three criteria established by the Montana Supreme Court, and the
comprehensive findings are contained in the written staff report. She noted that
the public
assembly portion of the building, which is the tallest point, is exempt from height limitations.
She stated that the main portion of the new structure is to be 46 feet high, which exceeds the
height limitation contained in the code. She noted that, given the topographical features of the
site and the pitched roof of the structure, the code would allow the building to be a maximum
. height of 38 feet, therefore, the variance is being requested. She stated the applicant is also
seeking a variance to the requirement that the building permits be obtained within six months
of approval because there is a question about whether all of the necessary infrastructure
improvements can be completed within six months.
10-07-96
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The Assistant Planning Director stated that the subject property was originally zoned
"PU", Public Lands and Institutions, and in 1990, it was changed to "BP", Business Park, to
allow for the development of the medical office buildings. She characterized the
existing
buildings as a high quality development, which will be enhanced by this proposed addition. She
. noted that the hospital complex is located on a 40-acre portion of a 500-acre site, so there is
ample room around it. She further noted that, from the street, the building appears to
be a
one-story facility, although it is actually two stories high.
Assistant Planning Director Arkell briefly reviewed the three criteria for review of
variances and the staff's findings for each of those criteria. She noted that,
while the new
office building is to be three stories tall when completed, the third floor may not be constructed
immediately. She concluded by forwarding staff's recommendation for approval of the
variances with no conditions.
Mr. John Kern, Ellerbe Becket Construction Services, stated the hospital wishes to
expand its level of service to the community by providing more ambulatory care facilities. He
noted that with the addition of the third building, a main entrance is to be created, with better
. directories to assist people in moving throughout the office complex and the hospital.
He
stated that, with this additional building, medical services to the community will be maximized
while the costs will be minimized.
Mr. Kern noted that the two closest neighbors to this facility are Hillcrest Retirement
Home, which is at an elevation equal to the top of the hospital, and the Sunset Hills Cemetery.
He concluded by encouraging Commission approval of this request.
Since there were no Commissioner objections, Mayor Stueck closed the public
hearing.
Each of the Commissioners forwarded statements of support for the proposed third
medical office building in the hospital complex and support for the requested variances.
It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the
. Commission approve the variances from Sections 18.38.060 and 18.56.090 of the Bozeman
Municipal Code, as requested by Ellerbe Becket Construction Services, Inc., for the Bozeman
Deaconess Hospital, under Application No. C-9614, to allow construction of a three-story
medical office building which exceeds the 38-foot height limitation by eight feet, and to waive
the requirement to acquire a building permit within six months of approval of the variances.
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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.
. Public hearing - Master Plan Amendment - Sub Plan for North 19th Avenue/West Oak Street
(P-9629)
This was the time and place set for the public hearing on proposed revisions to a
Master Plan Amendment, establishing a sub plan for North 19th Avenue/West Oak Street which
includes an alternative design review procedure.
Mayor Stueck opened the public hearing.
Senior Planner Dave Skelton presented the staff report. He reminded the Commission
that at the September 16 meeting, they had conducted the public hearing on the proposed sub
plan. At that meeting, representatives for Saccoccia, Perkins and Cape/France, three of the
four major landowners in the area, submitted a proposal for an alternative to the planned unit
development process, called the "alternative development review procedure". He further
reminded the Commission that they have conducted the public hearing on the sub plan as
. prepared by the Planning staff and approved by the City-County Planning Board, noting that this
public hearing is limited to consideration of the "alternative development review procedure".
He cautioned that the public hearing on the sub plan was closed to verbal comment at the
September 16 meeting, with the deadline for written comment being October 2.
The Senior Planner further reminded the Commissioners that at the September 16
meeting, they asked that the "alternative development review procedure" be reviewed by the
Planning Board. He noted that the Board did review the proposal at its October 1 meeting,
accepting substantial public participation, and has forwarded its recommendation for adding the
language "or an alternative development review process designed to achieve the same
objectives" after each reference to the planned unit development requirements in the sub plan.
. He stressed that the details of the alternative development review procedure will be the subject
of zone code amendments, which will be processed within the next few months to implement
the master plan amendment. He encouraged the Commission to limit discussion to the master
plan amendment only at this time, recognizing that the implementation of the plan will be
addressed through the zone code.
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Mr. Dan Kamp, representing Dr. Saccoccia, stated that one of the driving forces for
the proposed alternative development review procedure is that the planned unit development
chapter of the zone code is not the appropriate place for implementation of the sub plan, rather,
the entryway corridor chapter is. He indicated that the landowners are in
almost total
. agreement with the goals and objectives of the sub plan, noting that the details for
implementation of the plan will be addressed in the next step.
Mr. Lowell Springer, representing Cape/France, stated concurrence with Dan Kamp's
comments. He recognized the importance of creating an alternative development review
procedure that will work while meeting all of the design goals and objectives.
Mrs. Anne Banks, 7 Hill Street, noted that at the last public hearing, the developers'
representatives presented the beginnings of an alternative development review procedure, but
no elaboration of that procedure has been provided to date. She stated that
the public
deserves to know more about this procedure before a decision is made, and asked that this
hearing be continued until more information is available.
Mr. Bobby Gavin, 1013 Thomas Drive, stated he feels more information is needed
. before a decision is made. He suggested that, rather than making a quick decision,
the
Commission should wait until more information is available before making its decision on this
proposal.
Mr. Todd McFadden, 417 Bonner Lane, stated his knowledge of this proposal is
limited to the information he has garnered through the media. He noted that
open space and
trails are important to him, stating that they help to create a beautiful community.
He then
encouraged the Commissioners to act with sensibility and sensitivity to the needs of the
community as a whole. He also asked that more information on this alternative development
review procedure be made available to the public.
Mr. Mike Franklin, 1101 Mountain Ash, stated that he and his neighbors signed a
. petition in favor of the planned unit development process. He noted that, while the alternative
development review procedure is to address the same goals as those of the planned unit
development, under the PUD process, 30 percent open space is required, but under the
alternative, only 0 to 20 percent open space is being requested. He also
noted that the
landowners have suggested the trails would not necessarily be open to the public. On those
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two basest he does not believe the proposed alternative would meet the same goals as a
planned unit development.
Mr. Brian Leland, 528 North Bozeman Avenue, suggested that this is the time to "put
real horse power" behind rewriting the planned unit development chapter of the zone code.
. He then raised questions about how objective and how uniform an alternative development
review procedure might be, suggesting that revisions to the planned unit development process
might address the concerns that generated the new proposal.
Mr. Lowell Springer stated that the additional language in the master plan amendment,
which allows for the alternative process, provides for a different review mechanism which
meets the same goals. He stressed that under this process, the option for development of an
alternative procedure is being provided, if the developers and the City can create a procedure
that is acceptable to both parties. He cautioned that if the proposed language is not approved,
the option for an alternative procedure is not provided.
Mr. Steve Kirchhoff, 516 South 6th Avenue, questioned how the Commission can
accept language to allow for an alternative development review procedure when the procedure
. has not yet been identified. He also asked whose responsibility it will be to prepare
the
alternative. He then questioned the need for a different procedure if it is to be patterned after
and similar to the planned unit development process.
Commissioner Frost stated the North 19th Avenue/West Oak Street corridor seems
to be an ideal area for higher density mixed use development, possibly with residential units
allowed on second floors. He recognized that this type of development is allowed under the
planned unit development process, and suggested that it also be allowed under the alternative
procedure that is developed. He questioned what the phrase "designed to achieve the same
objectives" means, stating he feels that it should be more clearly stated to avoid the potential
for misinterpretation in the future. He concluded by indicating that, while he appreciates green
. entryways, he feels that it is important to provide separated pedestrian and bicycle facilities in
those areas.
Senior Planner Skelton assured the Commissioners that the zone code amendment
process will provide adequate opportunities to ensure that the alternative development review
procedure is written to encourage the desired type of development in this entryway corridor.
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Since there were no Commissioner objections, Mayor Stueck closed the public
hearing.
Responding to Mayor Stueck, City Attorney Luwe stated the Commission may act on
this master plan amendment at this time, recognizing that a resolution adopting the amendment
. and findings of fact must be submitted for Commission action to complete the process.
Planning Director Epple reminded the Commission that this master plan amendment
must also be submitted to the County Commission for its public hearing and action, noting that
the hearing is scheduled for October 15.
ft was moved by Commissioner Frost, seconded by Commissioner Youngman, that
the Commission direct staff to bring back the findings of fact and a resolution incorporating the
sub plan for the North 19th Avenue/West Oak Street corridor into the 1990 Bozeman Area
Master Plan Update, with the phrase "or an alternative development review process designed
to achieve the same objectives" after each reference to the planned unit development
requirements for Commission consideration. 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.
Mayor Stueck thanked the Planning staff and the City-County Planning Board for their
extra effort and extra time in preparing a master plan amendment which represents the best
interests of the community, including several special meetings. He characterized this as one
of the best examples of long-range planning for the community, in an open process which has
encouraged citizen input.
Commissioner Youngman noted the Commissioners have received comments from
over 400 people advocating use of the planned unit development process or possibly something
even stronger. She stated that, with the additional language suggested by the Planning Board,
allowing for an alternative process is appropriate. She stressed the importance of ensuring that
. commercial development along this corridor be appropriately buffered from existing residential
neighborhoods.
Commissioner Youngman noted there is a $12 to $13 million taxpayer investment in
infrastructure improvements along this entryway to the community. She recognized that the
change in land use designation from residential to commercial essentially triples the value of
the land, according to realtors, and she feels that through cooperative efforts between
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government and private individuals, development which enhances the area and meets
community values and goals can occur.
Commissioner Frost suggested that a side benefit of attractive development along this
corridor might be an upgrading of the North 7th Avenue corridor.
. Mayor Stueck noted that the Commission did receive a considerable amount of
written comment regarding this master plan amendment. He expressed concern that some of
those letters started by "calling people names", suggesting that "those who live in glass houses
should not throw stones". He forwarded his interest in receiving input, but encouraged those
doing so to do so in a matter-of-fact manner. He emphasized his disapproval of the references
to "greedy landowners" or "greedy developers" in some of the letters, stating that Junior
Tschache donated $25,000 to begin engineering design of the interchange; Don Cape gave a
90-foot-wide easement through his property, at no cost to the City, for the new North 19th
Avenue alignment; Gene Graf gave 13 Y2 acres of his property for right-of-way for the new
North 19th Avenue alignment; Jerry Perkins and Philip Saccoccia gave easements across their
properties for the West Oak Street extension from North 7th Avenue to North 19th Avenue;
. and Don Cape and Philip Saccoccia are bearing the special improvement district costs for
construction of the portion of North 19th Avenue between Baxter Lane and West Oak Street.
He recognized that these individuals will benefit from the alignment of the roadway and the
commercial designations which result from this master plan amendment, but encouraged
everyone to also recognize their contributions.
Commissioner Rudberg stated it bothers her that people are always critical of North
7th Avenue. She recognized that, while it is not pretty, it has been there for many years. She
then forwarded her discomfort with asking a private landowner to set aside 30 percent of his
land in open space, particularly when only those in a certain area would be asked to do so. She
cautioned that green open space, which has been identified as an attribute by many of those
. testifying, takes a significant amount of water, which could negatively impact the City's water
supply.
Commissioner Rudberg recognized that growth is here to stay, particularly since the
world population continues to increase. She stated that the North 19th Avenue/West Oak
Street corridor provides a prime area for commercial development, thus creating jobs in the
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community. She noted that commercial and
industrial development are beneficial to a
community, particularly since they are less draining on City services than are residential
areas.
Commissioner Rudberg concluded by concurring with Mayor Stueck's indication that
he does not wish to receive letters which contain name calling.
.
Adjournment - 9:29 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.
{ Cl ~ J3~
DON E. STUECK, Mayor
ATTEST:
. (j!u/.: J .dg;~
ROBIN L. SULLIVAN
Clerk of the Commission
.
10-07-96