HomeMy WebLinkAbout1996-09-16 Minutes, City Commission
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MINUTES OF THE MEETING OF THE CITY
COMMISSION
BOZEMAN, MONTANA
September 16, 1996
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. The Commission of the City of Bozeman met in regular session in the Commission Room,
Municipal Building, September 16,
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 remove any of the Consent
Items for discussion. City Manager Wysocki requested that authorization for the Mayor to
sign
the agreement with the Montana Department of Transportation regarding the CTEP project for
a pathway along South Third Avenue be removed for discussion.
Minutes - August 12. Auaust 19. Auaust 26 and SeDtember 3. 1996
. It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the
minutes of the meetings of August 12 and September 3, 1996, be approved as submitted and
the minutes of the meeting of August 19, 1996, be approved as amended. The motion carried
by the following Aye and No vote:
those voting Aye being Commissioner Rudberg,
Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor Stueck; those
voting No, none.
Mayor Stueck deferred action on the minutes of the meetings held on November 20 and
December 4, 1995, and August 26 and September 9, 1996, to a later date.
Continued ioint Dublic hearings - aDDlications for HOME grant monies and CDBG arant monies
for multi-familv housina affordable to low and very low income households - Bozeman Interfaith
Housina II. Inc.
. This was the time and place set for the continued joint public hearings on an application
by Bozeman Interfaith Housing II, Inc., for HOME grant monies and CDBG grant monies for
multi-family housing affordable to low and very low income households.
Mayor Stueck reopened the continued public hearing.
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City Manager Wysocki reminded the Commission that this public hearing had been
continued to allow for consideration of written comment, since the period for written comment
ended at 5:00 p.m. on September 12. He indicated that no written comment was received.
No one was present to speak in support of or in opposition to the applications.
. Mayor Stueck closed the continued public hearing.
City Manager Wysocki noted that, included in the Commissioners' packets, was a copy
of Commission Resolution No. 3146, as approved by the City Attorney, entitled:
COMMISSION RESOLUTION NO. 3146
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AUTHORIZING SUBMITTAL OF AN APPLICATION TO THE STATE OF
MONTANA DEPARTMENT OF COMMERCE FOR COMMUNITY DEVELOPMENT
BLOCK GRANT MONIES.
The City Manager recommended that the Commission adopt this resolution, which will
authorize submittal of the application for Community Development Block Grant monies.
It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the
Commission adopt Commission Resolution No. 3146, authorizing submittal of the application
. for Community Development Block Grant (CDBG) monies on behalf of Bozeman Interfaith
Housing II, Inc., for a multi~family housing rental project for low and very low income
households. 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.
Continued Dublic hearina - 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 PARTICULARLY
DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS
TO INCLUDE SAID CONTIGUOUS TRACTS WITHIN THE CORPORATE LIMITS
THEREOF.
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City Manager Wysocki noted that, included in the Commissioners' packets, was a memo
from City Engineer Craig Brawner, dated September 11, indicating that the information from
the consulting engineer regarding sewer service areas was anticipated on Friday, September
13. He stated that timeline did not allow staff adequate time to review the information
and
. forward a recommendation to the Commission for today's meeting, and requested that the
public hearing be continued to the October 7 meeting.
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the
Commission continue the public hearing to October 7 to allow staff an opportunity to review
the information regarding sewer service areas. 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.
Continued Dublic hearina - Zone Code Amendments - comcrehensive amendments to several
sections. including ChaDter 18.65. Bozeman MuniciDal Code. re grandfatherina Dreviouslv
permitted sians: Droviding for accessory dwelling units as conditional uses in certain districts:
revising the membership of the Design Review Board: and revising the reauirements of the ADR
staff (Z-9663)
. This was the time and place set for the continued public hearing on comprehensive
amendments to several sections of Title 18 of the Bozeman Municipal Code, as initiated by the
City Commission under Application No. Z-9663, including a complete rewrite of Chapter 18.65,
the City's sign code; providing for accessory dwelling units as conditional uses in certain
districts; revising the membership of the Design Review Board; and revising the requirements
of the Administrative Development Review staff.
Mayor Stueck reopened the continued public hearing.
Assistant Planner Christopher Williams reviewed the draft zone code amendments, dated
September 16, into which he had incorporated the revisions which the Planning Board
forwarded as a result of its public hearing on August 6 and the changes discussed by the
Commission during its August 26 public hearing. He reviewed the changes for all but the sign
. code individually, characterizing the majority of them as clarifications. He noted that a new
section has been added to the revisions, since Planning Board member Bill Mitchell requested
that it be amended to provide a procedure for appealing the decisions of Planning staff to the
Commission.
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Responding to Mayor Stueck, Commissioner Youngman stated that she and Assistant
Planner Christopher Williams have discussed the proposed 6,000-square-foot minimum lot size
for accessory dwelling units on several occasions. She stated that, while she would prefer to
see the lot size lowered to 5,000 square feet, she understands the number of lots impacted
. would be minimal, and options are still available for constructing an accessory dwelling unit on
a smaller lot while ensuring that overbuilding does not occur. She concluded by indicating that
she can support the revisions with either provision.
Responding to Mayor Stueck, City Attorney Luwe stated that the Commission may make
a decision to act on all of the zone code amendments except for the sign code, and leave the
hearing on the sign code open for a specified period of time if it so chooses. He encouraged
the Commissioners to accept input on all of the zone code amendments at this time.
Assistant Planner Christopher Williams turned his attention to the revisions proposed to
the sign code portion of the amendments. He noted that many of these changes are also for
the purpose of clarification. He noted that Section 18.65.1 OO.B. contains a proposed revision
recommended by Assistant Planning Director Arkell, noting that this change is designed to
. simplify the manner in which the square footage of wall signs for businesses in multi-tenant
complexes are calculated. Also, Section 18.65.110.B. contains a simplified calculation for
signage for anchor tenants in indoor shopping malls, as proposed by Assistant Planning Director
Arkell.
The Assistant Planner stated that many of the comments forwarded by Mr. Ron Bachman
in his written document presented during the August 26 public hearing are similar to the
comments forwarded by Mr. Krause during his presentation to the Commission several months
ago. He noted that Mr. Bachman has taken exception to the dimensional standards in the sign
code. He reminded the Commission that this restructured sign code is based on the provisions
of the existing sign code, and he felt it was important to maintain consistency in the code
. rather than changing the regulations as well as the format. He noted, however, that two of Mr.
Bachman's comments should be considered, and they pertain to Section 18.65.190. He stated
that alternative language for Section 18.65.190, continuing the amortization provision, has also
been forwarded for Commission consideration.
Responding to Mayor Stueck, the Assistant Planner stated that he discussed the
possibility of allowing signs which exceed the code provisions by a specific percentage to
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remain, while any signs larger than that must be brought into compliance with the code
requirements with other members of the Planning staff. He cautioned that it would be difficult
to draft language for that type of provision and would make it more difficult to justify
the size
provisions of the sign code if such increases in dimension were specifically allowed.
. Responding to Mayor Stueck, the Assistant Planner stated that under the proposed sign
code revisions, some minor alterations could be accomplished without triggering the
requirement to bring the signage into compliance. He recognized that those alterations could
require a building permit, noting it is the planning review processes that would trigger
compliance.
Commissioner Rudberg requested that a minimum of thirty days for acceptance of written
comment on the sign code be provided prior to taking action on these amendments.
It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that
the public hearings on accessory dwelling units, Design Review Board and Administrative
Design Review staff be closed and that the verbal portion of the hearing on the sign code
be
closed with the period for accepting written comments to close at 5:00 p.m. on Wednesday,
. October 16. 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.
City Attorney Luwe reminded the Commissioners that once they take action on the
proposed amendments, they must be brought back in ordinance form for final action.
Commissioner Youngman forwarded her support for the proposed provisions for
accessory dwelling units, noting that she first researched the issue in 1985 when looking
for
ways to provide affordable housing in the community.
She also noted support for the
additional citizen member on the Design Review Board.
It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the
Commission authorize and direct staff to bring back an ordinance enacting the proposed
. revisions to the zone code to provide for accessory dwelling units in certain zones and revise
the membership on the Design Review Board and Administrative Design Review staff.
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.
09-16-96
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Preliminarv Dlat review - Diamond Estates Subdivision - subdivide 19.957 acres into 9 single-
family residential lots and 1 remainder lot - E%. W%. E%. SE%. Section 3. T2S. R5E. MPM
(4521 Durston Road) (Doug Smith)
This was the time and place set to conduct a review of the preliminary plat for Diamond
Estates Subdivision, as requested by Doug Smith under Application No. P-9635 under which
. 19.957 acres known as the East one-half of the West one-half of the East one-half of the
Southeast one-quarter of Section 3, Township 2 South, Range 5 East, Montana Principal
Meridian, is to be subdivided into 9 single-family residential lots and 1 remainder lot.
The
subject property is more commonly known as 4521 Durston Road.
Assistant Planner Chris Saunders presented the staff report.
He noted that this
application is accompanied by a conceptual master plan for development of the entire parcel,
including the proposed parkland dedication and a conceptual view of lots and streets, and
a
drawing showing the actual lots to be created under Phase I. He stated that staff has reviewed
this application under the criteria established for review of subdivisions, and the comprehensive
findings are contained in the written staff report, which has previously been distributed
to the
Commission.
. The Assistant Planner stated that the City-County Planning Board conducted the public
hearing on this subdivision at its September 4 meeting.
He noted that following that public
hearing and review of the criteria, the Board concurred in the staff's recommendation for
approval, subject to several conditions. He noted that the Board also granted the applicant's
request for waiver of the Environmental Assessment and Community Impact Statement, since
the information is available in existing documents.
Assistant Planner Saunders stated that the applicant is also requesting three variances
from the Bozeman Subdivision Regulations to allow an existing house to encroach into the
front
yard setback, to allow a dead end water line more than 250 feet in length, and to not require
a secondary or emergency access for a subdivision with more than six lots.
He stated that,
. following their review of this application, the Planning Board forwarded a recommendation for
approval of all three of these variances.
Mr. Dennis Foreman, Gaston Engineering, indicated that the applicant has reviewed the
recommended conditions and is willing to comply with them. He then indicated that he would
respond to questions. He also requested that the variances be approved.
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Responding to Mayor Stueck, Mr. Foreman stated that the applicant is willing to locate
the parkland dedication on either side of Meagher Avenue.
Further responding to Mayor Stueck, Mr. Foreman indicated that the nine lots being
created at this time will be served by gravity flow sewer lines to the main in Durston Road. He
. stated that the remainder of the parcel, which lies between Durston Road and West Oak Street,
will not be developed until the sewer main in West Oak Street has been extended, since the
topography of the land will allow for gravity flow to that sewer main.
Mr. Foreman stated that the parkland dedication is to be made with Phase I of this
subdivision. He noted that the land is to be dedicated to the public, recognizing that if the City
wishes, it could swap this dedication for other land at some time in the future if it so chooses.
City Attorney Luwe cautioned that acceptance of this parkland dedication in its proposed
location mayor may not preclude any future relocation because of statutory constraints on
different types of dedications. He recognized that, through cooperation of all parties involved,
such an exchange of parkland would be possible.
It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the
. Commission approve the preliminary plat for Diamond Estates Subdivision, as requested by
Doug Smith under Application No. P-9635 under which 19.957 acres known as the East one-
half of the West one-half of the East one-half of the Southeast one-quarter of Section 3,
Township 2 South, Range 5 East, Montana Principal Meridian, is to be subdivided into 9 single-
family residential lots and 1 remainder lot, subject to the following conditions:
1. Annexation to the City of Bozeman be completed, including all conditions,
prior to the commencement of development of the parcel.
2. Plans and specifications for any water, sewer and/or storm sewer main
extensions and public streets (including curb, gutter and sidewalks) prepared
and signed by a professional engineer (PE) licensed in the State of Montana
shall be provided to and approved by the City Engineer. Water and sewer
plans shall also be approved by the Montana Department of Environmental
Quality (DEQ). The applicant
shall also provide professional engineering
services for construction inspection, post-construction certification, and
. preparation of mylar record drawings.
Specific comments regarding the
existing and proposed infrastructure shall be provided
at that time.
Construction shall not be initiated on the public infrastructure improvements
until the plans, specifications and shop drawings have been approved and
a preconstruction conference has been conducted.
3. All infrastructure
improvements including 1 )
water and sewer main
extensions, and 2) public or private streets including curb/gutter, sidewalks,
and storm
drainage infrastructure improvements shall
be financially
guaranteed or constructed prior
to filing of the final plat. No building
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permits will be issued prior to completion
and acceptance of the public
infrastructure improvements.
4. Applicant shall provide and file with
the County Clerk and Recorder's office
executed waivers of right to protest
creation of SIDs/RIDs for the following:
a.
Street improvements to Durston Road including paving, curb
. a
nd gutter, sidewalks and storm drainage.
b. Street improvements
to Oak Street including paving, curb and
g
utter, sidewalks and storm drainage.
T
he Waivers shall specify that in the event SIDs/RIDs are not
u
tilized for the completion of these projects, the property owner
s
hall agree to participate in an alternate financing method for
c
ompletion of said improvements on a fair share, proportionate
b
asis as determined by square footage of the property, linear
f
ront footage of the property, taxable valuation of the property,
o
r combination thereof. A copy of the filed document shall be
s
ubmitted with the Final Site Plan prior to approval.
5. A Stormwater Drainage Plan/Treatment
Plan and Maintenance Plan for a
system designed to remove solids,
silt, oils, grease and other pollutants from
the run-off from the private and/or
public streets must be provided to and
approved by the City Engineer. The
plan must demonstrate adequate site
drainage (including sufficient flow
directional arrows and spot elevations
along drainage courses), storm water
detention/retention basin details
(including basin sizing and discharge
calculation and discharge structure
details), storm water discharge destination
and a storm water maintenance
. plan.
If the grading design discloses any adverse impact to off-site
properties, necessary design alterations and/or drainage conveyance devices
and easements must be provided.
The storm water drainage/treatment
plan shall include a maintenance plan
which must be provided to and approved
by the City Engineer. The plan
shall
include the following: description of maintenance operations,
frequency of inspections and maintenance,
responsible parties and record
keeping methodology.
If the stormwater facilities are located
off the subject property, a storm
water easement shall be established
on the adjacent property and filed with
the County Clerk and Recorder. Stormwater
generated by the proposed
subdivision which discharges to a
privately owned ditch must have written
permission of the ditch owner.
Note: It will ultimately be the responsibility
of the Homeowner's Association
to ensure that the maintenance plan
is consistently enforced. It is further
recommended that implementation of
the plan be included in the covenants
and therefore a condition of plat
approval.
. 6. Covenants shall be recorded with the
final plat which shall specifically
include the following provisions:
a.
A Homeowners' Association shall be established to maintain all
a
pplicable open space and stormwater facilities.
b.
A section addressing agricultural uses of neighboring properties
i
n the following form:
"
Lot owners and residents of the subdivision are informed that
a
djacent uses may be agricultural. Lot owners accept and are
09-16-96
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aware that standard agricultural and farming practices can
result in dust, animal odors, smoke, files and machinery noise.
Standard agricultural practices feature the use of heavy
equipment, chemical sprays and the use of machinery early in
the morning and sometimes late into the evening."
c.
All fences bordering agricultural lands shall be maintained by
.
the landowners in accordance with state law.
7. Ditch relocation or abandonment:
a.
The users/owners of the ditch lying along the western boundary
of the property shall be verified. If the applicant is the sole
user/owner or if written permission may be obtained from the
other users/owners, the ditch shall be abandoned back to the
diversion point prior to
the recording of final plat. If
abandonment of the ditch may not be obtained relocation of the
diversion point and crossing of Durston Road shall be pursued
to meet the satisfaction of the City of Bozeman
Parks
Superintendent.
b.
The Gallatin Conservation District, .shall be contacted by the
applicant regarding any proposed ditch/stream relocation and
any required permits (i.e. 310, 404, turbidity exemption, etc.)
obtained prior to final plat approval.
c.
The applicant shall obtain written permission from the existing
ditch owners for any proposed relocation prior to final plat
approval.
. d.
If the ditch is not abandoned, pursuant to Section 16.12.050
of the City Code, a 20-foot ditch and utility easement shall be
provided on one side of, or 10 feet on either side of the
watercourse measured from the high water level. However, it
is strongly recommended that this area be established as
common open space to preclude future encroachment and
maintenance problems
which typically occur with
ditch
easements on private property.
8. The location of and distinction between
existing and proposed sewer and
water mains and easements shall be
clearly depicted on the plans and
specifications, as well as nearby
fire hydrants and proposed fire hydrants,
specifically, the existing 18" sewer
main in Durston Road.
9. Sewer
and water services shall
be approved by the
Water/Sewer
Superintendent. City of Bozeman applications
for service shall be completed
by the applicant.
The existing house on Lot 1 shall
be connected to and served by the City's
sewer and water systems. Once connected,
the existing septic tank shall
. be removed or pumped and filled. and
certified by a professional engineer.
10. The dead end water main may be increased to 500 feet in length with the
following conditions:
a.
Services are extended perpendicularly from the main a distance
o
f no more than 150 feet.
b.
Any future development will require a fully looped water main.
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c.
A blow off or fire hydrant shall be installed at the end of the
n
ew main.
11. City standard sidewalk shall be installed
and properly depicted at the
standard location (Le. 1 foot off
property line) along Meagher Avenue and
Durston Road. Any deviation to the
standard alignment or location must be
approved by the City Engineer.
Sidewalks shall be constructed by lot
. owners within three (3) years of plat
approval regardless of whether other
improvements have been made to the lot(s).
12. All drive approaches shall be constructed
in accordance with the City's
standard approach, Le., concrete apron,
sidewalk section and drop-curb.
13. A waiver of secondary access is recommended
for Phase I only.
14. Where project phasing results in dead
end streets, temporary cul-de-sacs
shall be designed and constructed
with each phase. A 50-foot radius
temporary easement must be obtained
and filed with the County Clerk and
Recorder's Office.
15. An encroachment permit must be obtained
for the access of Meagher
Avenue onto Durston Road.
16. Forty-five (45) feet from the center
of Durston Road along the entire
southern border, must be dedicated
to the public for a road. Thirty-two and
a half (32 %) feet from the property
line along the entire northern border,
must be dedicated to the public for
a road.
17. Appropriate street name sign and STOP
sign must be provided at the
. intersection with Durston Road.
18. Easements for the water and sewer main extensions shall be a minimum
of
30 feet in width, with the utility
located in the center of the easement. In
no case shall the utility be less
than 10 feet from edge of easement. All
required easements shall be provided
prior to final plat approval.
19. All existing utility and other easements
must be shown on the Final Plat.
The easements currently shown shall
be retained and a 10-foot wide utility
easement provided along the front
property lines of the lots. Two 12-foot
utility culverts shall be placed in
accordance with the request from Montana
Power Company.
20. Sufficient water rights or cash-in-lieu
must be provided prior to final plat
approval for any given phase.
The current phase is comprised of 9 lots;
Lots 1-4 of Block 1 and Lots 1-5 of
Block 2.
21. If construction activities related
to the project results in the disturbance of
more that 5 acres of natural ground,
an erosion/sediment control plan may
be required.
The Montana Department of Environmental Quality shall be
contacted by the applicant, to determine
if a Stormwater Discharge Permit
. is necessary.
If a permit is required by the State, the developer shall
demonstrate to the City full permit compliance.
22. The final plat shall conform to all
requirements of the Bozeman Area
Subdivision Regulations and the Uniform
Standards for Final Subdivision
Plats, and shall be accompanied by
all required appropriately worded
certificates and a Platting Certificate.
Corrections shall be made to the
Certificate of Dedication as outlined
in the staff report. If it is the
developer's intent to file the plat
prior to the completion of all required
improvements, an Improvements Agreement
shall be entered into with the
City of Bozeman guaranteeing the completion
of all improvements in
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accordance with the preliminary plat
submittal information and conditions
of approval.
If the final plat is filed prior to the installation of all
improvements, the developer shall
supply the City of Bozeman with an
acceptable method of security equal
to 1 50 percent of the cost of the
remaining improvements.
23. Two clothback, two mylar copies, and
a digital copy of the final plat,
. acceptable to the Engineering Division
of the City of Bozeman, must be
submitted with the final plat application.
and approve the variances requested to (1) allow the existing house to encroach into the
required 25-foot front yard setback, (2) allow the dead end water line for Phase I to exceed
250 feet, and (3) allow Phase I, which contains more than six lots, to be developed without
a secondary or emergency access. 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.
Ordinance No. 1428 - amending Section 10.32.410. Bozeman MuniciDal Code. to revise
structure for overtime Darking fines
Previously included in the Commissioners' packets was a copy of Ordinance No.
. 1428, as approved by the City Attorney, entitled:
ORDINANCE NO. 1428
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING THATTHE BOZEMAN MUNICIPAL CODE BE AMENDED
BY REVISING SECTION 10.32.410 OF SAID CODE; PROVIDING FOR INCREASED
FINES FOR OVERTIME PARKING VIOLATIONS.
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the
Commission finally adopt Ordinance No. 1428, revising Section 10.32.410 of the Bozeman
Municipal Code to increase fines for overtime parking violations. 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. 1429 - amending Section 12.14.020. Bozeman M~niciDal Code. to Drovide a
timeframe for adoDtion of the annual assessment resolution for tree maintenance district which
is the same as State statutes
Previously included in the Commissioners' packets was a copy of Ordinance No.
1429, as approved by the City Attorney, entitled:
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ORDINANCE NO. 1429
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED
BY REVISING SECTION 12.14.020 OF SAID CODE; PROVIDING FOR THE SAME
TIME FRAME AS STATE STATUTE FOR TREE MAINTENANCE ASSESSMENTS.
. It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that
the Commission finally adopt Ordinance No. 1429, amending Section 12.14.020 of the
Bozeman Municipal Code to provide a timeframe for adoption of the annual assessment
resolution for tree maintenance district which is the same as State statutes. 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.
Authorize Mavor to sign - General Proiect DeveloDment and Construction Aareement - between
City and Montana DeDartment of TransDortation - CTEP Proiect No. STPE 1209 (1) -South 3rd
Avenue Dath
City Manager Wysocki reminded the Commission that he had removed this item from the
. Consent Items because a member of the public wishes to address the Commission.
Mr. Robert Spencer, 2303 South Third Avenue, stated he owns a one-acre lot on the
west side of South Third Avenue, just south of its intersection with Kagy Boulevard.
He
expressed concern that the roadway, which is currently 24 feet wide, is to be widened to 40
feet, with additional right-of-way being needed for the project. He stated that if the road is
constructed as it is currently marked, a row of green ash will be removed, along with one
extremely large swamp willow tree, and it will be dangerously close to another swamp willow
tree. He expressed concern that these are very mature, since they were planted 72 years ago.
Mr. Spencer stated that the removal of these trees will change the aesthetic and architectural
features of the property, which will result in its devaluation. He further noted that the road will
be very close to his front porch, and the driveway will be shortened to the point he will have
. no room to turn around, but will be required to back into the street.
Responding to Mayor Stueck, Mr. Spencer stated his lot is 165 feet by 265 feet. Further
responding to the Mayor, he acknowledged that the trees are located in the public right-of-way.
The City Manager reminded the Commission that South Third Avenue is actually an old
farm-to-market road that was initially developed in a 60-foot-wide right-of-way. He then
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encouraged the Commissioners to postpone action on this agenda item to allow staff an
opportunity to review and respond to Mr. Spencer's concerns.
It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the
Commission delay action on this item until the special meeting to be held on September 30.
. 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 ) Two letters from T. Weaver, 824 O'Connell Drive, dated September 7 and
September 6, regarding the curb bulbs on South Willson Avenue and traffic planning, along
with copies of articles from the August 7, 1996, edition of the Wall Street Journal.
(2) Letter from Betsy Taylor-McGee, 4 Mallard Lane, dated September 10, 1996,
. expressing her support of the existing sign code.
(3) Petition from nine citizens stating support for enforcement of the current sign
ordinance.
(4) Minutes of the Parking Commission meetings at City Hall held on July 11 and
August 15, 1996.
(5) Copy of the Library Services Contract between the City and the County for Fiscal
Year 1996-1997.
(6) Memo from the County Commissioners' office, dated September 11, forwarding
0
a complaint by a resident within the doughnut area because she cannot vote in City elections.
The City Manager reminded the Commission that the City-County Planning Board is
comprised of one representative of the Soil Conservation Service, four County Commission
. appointees and five City Commission appointees. He suggested that, on that basis,
this
individual is actually represented by five of the Board members.
(7) Copy of a petition from residents of the Legion Villa, dated September 13, 1996,
requesting flashing lights and signs at the crosswalk for the Legion Villa and Gallatin County
Rest Home.
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The City Manager stated that, when he initially received this petition, he forwarded it to
HKM Associates, the engineering consultant who is assessing Durston Road between North 7th
Avenue and North 19th Avenue to determine if the entire roadway needs improvements, or just
the intersections. He recognized that, while it is best to incorporate this type of request into
. the overall improvements, the residents desire immediate action.
(8) Copy of the draft Ordinance No. 1430, extending the moratorium on casinos,
which the Commission will consider at its September 30 meeting.
(9) Agenda for the Historic Preservation Advisory Commission meeting scheduled for
7:00 p.m. on Tuesday, September 17, at the Carnegie Building, along with minutes from their
August 27 meeting.
(10) Notice that the County Commission will hold no public meeting on Tuesday,
September 1 7.
(11 ) Agenda for the Development Review Committee meeting to be held at 10:00 a.m.
on Tuesday, September 17, 1996 in the Commission Room.
( 12) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on
. Tuesday, September 17,1996 in the Commission Room.
( 13) The City Manager submitted his weekly report, as follows. (1) Announced that JTL
Group has completed the chip and seal and street overlay projects. (2) Stated
that he,
Commissioner Youngman and Commissioner Rudberg attended the Downtown Bozeman
Association meeting two weeks ago. He noted that a long list of "to dos" resulted from that
meeting. (3) Stated that he swore in the 36th police officer this past week.
(4) Stated that
the City was prepared to paved some of the unpaved streets in the northeast sector with
millings, and one of the residents protested it. He noted that a neighborhood meeting was held
last week in an effort to resolve the issues so the street can be paved. (5)
Noted that the
irrigation water in Valley Unit Park has been running heavier than it should be because of
someone changing the headgates. City crews are currently monitoring the head gates to ensure
. that they are not changed, and are working with the ditch company in an attempt to resolve
the problem. (6) Met with Mayor Stueck and Park/Cemetery/Forestry Superintendent John
McNeil regarding access to Burke Park prior to the joint meeting. (7) Reminded
the
Commissioners that Interagency Breakfast is scheduled for 7:00 a.m. on Wednesday,
September 18, at Bridger Bar-B-Q. (8) Announced that Director of Public Service
Forbes
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attended the quarterly meeting with the Department of Environmental Quality on Friday. (9)
Announced that between July 16 and August 15, 257 million gallons of water was used, for
an average of 8.3 million gallons per day. He noted this is the most water used in a
single
month in the City's history, attributing that usage to the hot weather.
. (14) Commissioner Youngman stated that the meeting with the Downtown Bozeman
Association resulted in a long list of issues to be addressed. She noted that the DBA members
had a good list of questions and forwarded some ideas worth consideration.
(15) Commissioner Rudberg submitted the following. (1) Has been attending the focus
group meetings and will continue to do so. (2) Attended several other meetings during the past
two weeks, including the City-County Planning Board, kick-off for the Parade of Homes, 9-1-1
Board meeting, Board of Adjustment and the kick-off for United Way, as well as working on
a request for proposals. (3) Reminded the Commissioners that she had distributed copies of
a proposed resolution which County Commissioner Jane Jelinski has requested be adopted by
all of the cities in Gallatin County prior to the Thursday, September 26, meeting with
legislators. She noted that the City Manager has requested some changes be incorporated into
. the resolution prior to adoption and, in fact, the County will not be adopting it prior to the
meeting. (4) Stated she has received several telephone calls about dogs. (5) Noted that at last
week's Design Review Board meeting, they discussed the survey results and felt that many of
the issues and concerns raised have already been addressed. They felt that the
document
provided some good, constructive information about meetings and procedures. (6) Attended
the meeting of Planning Boards held at the Belgrade Fire sub-station last week, noting it was
a well-attended meeting.
( 16) Commissioner Rudberg stated she has been concerned about the fact that North
19th Avenue is located very close to Covered Wagon Mobile Home Park, with no landscaping
provided and no monies in the City budget to install any. She stated that, with the excavation
for West Oak Street starting, she talked to Rob Buckvich from the local office of the Montana
. Department of Transportation, and he indicated a willingness to ask the contractor to move
some of that dirt to form berms along North 19th Avenue and West Oak Street adjacent to the
mobile home park. Also, the owner of the Covered Wagon Mobile Home Park has indicated a
willingness to have the dirt bermed up on his property along those street frontages. She noted
that this will help to reduce the noise and intrusion on residents of the park; and it will also
09-1 6-96
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serve as a base for landscaping as opportunities arise, possibly through the use of ISTEA
monies or some similar source.
(17) Commissioner Rudberg stated she called the City of Libby about the skateboard
park that was constructed there, and learned that the City had nothing to do with that project.
. She noted that the park was completed approximately three years ago.
The City Manager stated that skateboard parks were discussed at the last MMIA Board
meeting, and it will not insure this type of facility.
(18) Commissioner Rudberg noted that a number of "For Your Information" items were
included in last week's packet but not discussed at the meeting. She referenced
the grant
summary, stating she would like additional information, particularly about those grants that will
be disappearing over the next few years.
The City Manager responded that a discussion of the summary will be placed on an
upcoming work session agenda. He then indicated that this information was provided
as a
result of the topics previously identified by the Commission for potential work session agendas.
( 19) Commissioner Stiff stated that laSt week, he was invited to visit the Rolfe place,
. a part of which was the Catron farm, where he grew up. He noted that it was interesting to
see the changes that have occurred over the intervening years since he moved from there in
1943.
(20) Mayor Stueck submitted the following. (1) Noted the Commissioners have received
a letter from the Council for Concerned Citizens, dated September 12, forwarding their
concerns about substandard housing and enforcement of the building/housing codes in the
community. (2) Gave staff the application for recertification as a Tree City USA. (3) Made a
presentation at the Kiwanis Club meeting today. (4) Attended the kick-off celebrations for the
Parade of Homes and United Way. (5) Performed a wedding on Peets' Hill on
Saturday.
(6) Noted that at a recent ORB meeting, the cost of the evaluation of the planning and building
processes was estimated at $6,000; in reality, the cost was under $800. (7) Asked for a
. future work session agenda item to discuss the evaluation report on the planning and building
processes.
(21 ) Mayor Stueck noted that he and Commissioner Stiff met with representatives from
the Cemetery Board, Recreation and Parks Advisory Board and City staff regarding the fence
around the cemetery. He stated that the Recreation and Parks Advisory Board has discussed
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and approved the proposed compromise developed at that meeting, but the Cemetery Board
has not yet met on it.
Commissioner Stiff stated that Cemetery Board Chair Carroll Henderson has verbally
indicated that the Cemetery Board endorses the compromise.
e Mayor Stueck noted that, during Development Review Committee review of the
Hospital's request for expansion, representatives from the Hospital discussed the possibility of
some roadway and parking lot improvements along the north side of their property, which could
possibly lead to a cooperative effort between the City and the Hospital for access to Burke
Park.
The Mayor then highlighted some of the components of the compromise, which includes
a 4-foot-high chain link fence along the steep part of the terrain, with hedges to be planted
along the fences, and the installation of a road along the south side of the Cemetery to provide
access to Burke Park. He stated that the hedge is to be planted when the new well has been
drilled and water lines extended to provide irrigation to that portion of the cemetery, since
watering of the new plants will be essential. He noted that an immediate expansion
of the
e Veteran's section of the cemetery is planned, with a new area to be opened along the side edge
of the cemetery within the next few years.
The City Manager noted that the Harrison Street right-of-way is located 22 feet north of
the southern boundary of the cemetery land. He suggested that it may be beneficial to vacate
that right-of-way and create a new road alignment that straddles the property line between the
City and the Hospital. He then cautioned that the access to Burke Park should be a narrow,
gravel access, rather than a "paved super-highway". He also reminded the Commission that
the well and irrigation system will cost an estimated $50,000.
Responding to Commissioner Frost, the Mayor stated that the City has hedge materials
that can be transplanted when the fence is installed. He also noted that
trees will be
transplanted to further landscape the Burke Park side of the fence.
e Commissioner Stiff recognized the important part which the City staff played in the
meeting, thanking Park Superintendent John McNeil for his efforts. He also noted that Mayor
Stueck chaired the meeting well, encouraging everyone to participate in the compromise
process.
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Mayor Stueck recognized Park/Cemetery/Forestry Superintendent John McNeil and
Cemetery Foreman Tim Murphy for their contributions, noting that they helped to generate
the
atmosphere necessary for a successful meeting.
. Consent Items
City Manager Wysocki presented to the Commission the following Consent Items.
Proclamation - "United Way Davs" - SeDtember 16 to November 30. 1996
Acknowledge receiDt of aDDlication for annexation - Hinsley DeveloDment for
Terrence Corcoran - 23.45-acre Darcel
located along south side of Durston
Road. immediately west of Greenway
Subdivision; refer to staff
Authorize City Manager to sign - Amendment No.2 to Aareement with Montana
DeDartment of Environmental Quality
re transDortation study
Authorize Mayor to sign - General Proiect DevelODment and Construction
Agreement - between City and Montana
DeDartment of TransDortation -
CTEP Proiect No. STPE 1299 (5) - landscaDina
of entrywavs
Authorize Mayor to sign - General Proiect DeveloDment and Construction
Agreement - between City and Montana
DeDartment of Transportation -
CTEP Proiect No. STPE 1299 (6) - Bozeman
Ponds trails
. Reiect bid for installation of traffic sianal at intersection of North 7th Avenue and
West Tamarack Street
Reiect bid for installation of traffic signals at intersection of North Willson Avenue
and West Mendenhall Street and intersection
of Highland Boulevard and East
Main Street
Commission Resolution No. 3147 - intent to amend 1990 Bozeman Area Master
Plan Uodate by add in a a sub-area
Dlan for develoDment of the North 19th
Avenue/West Oak Street corridor
COMMISSION RESOLUTION NO. 3147
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, STATING THE CITY'S INTENT TO AMEND THE 1990 BOZEMAN
AREA MASTER
PLAN UPDA TE BY ESTABLISHING
A SUB-PLAN FOR
DEVELOPMENT WITHIN THE NORTH
19TH A VENUE/WEST OAK STREET
CORRIDOR.
Authorize City Manaaer to sian - Chanae Order No. 5 to Hiahland Boulevard
Reconstruction - subtract $29.576.40
and 0 calendar davs
. ADDrove reDayment
schedule for CDBG
grantlloan for owner-occuDied
rehabilitation .
Dar Community Affordable
Housina Advisory Board
recommendation of SeDtember 4. 1996
ADDlication for TemDOrary Beer and Wine license - Montana Community Shares -
SeDtember 20. 1996 - The Mill. 2150
Story Mill Road
Reauest for Dermission to conduct 10K CROP Walk for the Hunary - Sundav.
October 13. 1 :00 D.m. - limited to
sidewalks and walkways
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Reauest from Fire Department for permission to advertise for bids for sale of 1980
Dodge mini-pumper
Building Inspection Division report for August 1996
Claims
It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the
. Commission approve the Consent Items as listed, and authorize and direct the appropriate
persons to complete the necessary actions. The motion carried by the following Aye and No
vote: those voting Aye being Commissioner Stiff, Commissioner Frost, Commissioner
Youngman, Commissioner Rudberg and Mayor Stueck; those voting No, none.
Recess - 4:13 p.m.
Mayor Stueck declared a recess at 4: 13 p.m., to reconvene at 7:00 p.m., for the purpose
of conducting the scheduled public hearings.
Reconvene - 7:00 p.m.
Mayor Stueck reconvened the meeting at 7:00 p.m., for the purpose of conducting the
. scheduled public hearings.
Proclamation - "Harmonv Month" - September 17 throuah October 8. 1996
Mayor Stueck read the proclamation designating the period September 17 through
October 8, 1996, as "Harmony Month" in Bozeman.
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the
Commission concur in the Mayor's proclamation of September 17 through October 8, 1996,
as "Harmony Month". 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 presented the proclamation to Mr. Nick Schrauger, who accepted it on
behalf of the Bozeman Chord rustlers. He noted that their group sings in four-part harmony,
noting that concept can also be spread to the community.
Nearly twenty members of the Chord rustlers serenaded the Commissioners with a medley
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of tunes from "Paint Your Wagon", "Oh, City Commission" and "Teach the Commission to
Sing".
Public Hearing - Commission Resolution No. 3140 -Ievvina and assessing aarbaae assessments
for Fiscal Year 1997
. This was the time and place set for the public hearing on Commission Resolution No.
3140, as approved by the City Attorney, entitled:
COMMISSION RESOLUTION NO. 3140
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, ESTABLISHING SOLID WASTE COLLECTION FEES, AND LEVYING
AND ASSESSING A SPECIAL ASSESSMENT UPON ALL REAL PROPERTY IN THE
CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, UNLESS
PROVISIONALLY EXEMPTED, TO DEFRAY THE COST AND EXPENSE OF
COLLECTING, REMOVING AND DISPOSING OF SOLID WASTE UNDER THE
PROVISIONS OF ORDINANCE NO. 1323, AS AMENDED BY ORDINANCE NO.
1367, OF THE CITY OF BOZEMAN MUNICIPAL CODE.
Mayor Stueck opened the public hearing.
City Manager Wysocki stated that under this resolution, the base rates for collection of
solid waste are established and assessed for this fiscal year.
. Ms. Shirley Powell, 8 Teton Avenue, asked what the proposed increase in base rate is
to be.
Mayor Stueck responded that this resolution reflects an approximate 4-percent increase
in the base rate, which is to be $51.82 per dwelling unit for Fiscal Year 1996-1997.
Mayor Stueck closed the public hearing.
It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that
the Commission finally adopt Commission Resolution No. 3140, levying and assessing
assessments for collection of solid waste for Fiscal Year 1996-1997. 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 - Commission Resolution No. 3141 - levvina and assessing liahtina district
assessments for Fiscal Year 1997
This was the time and place set for the public hearing on Commission Resolution No.
3141, as approved by the City Attorney, entitled:
0
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COMMISSION RESOLUTION NO. 3141
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, LEVYING AND ASSESSING MAINTENANCE AND ELECTRICAL
CURRENT COSTS FOR SPECIAL IMPROVEMENT LIGHTING MAINTENANCE
DISTRICTS OF THE CITY OF BOZEMAN.
. Mayor Stueck opened the public hearing.
City Manager Wysocki reminded the Commissioners that special improvement lighting
districts have been created in some portions of the community, where additional lighting
has
been requested. He noted that the City pays the electrical costs for those districts throughout
the fiscal year, then assesses those actual costs the following October.
Responding to Mayor Stueck, the City Manager confirmed that the lighting districts are
created at the request of the residents.
No one was present to speak in support or in opposition to the levying and assessing of
lighting district assessments.
Mayor Stueck closed the public hearing.
It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the
. Commission finally adopt Commission Resolution No. 3141, levying and assessing lighting
district assessments for Fiscal Year 1996-1997. 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 Hearing - Commission Resolution No. 3142 - levvina and assessina delinauent solid
waste charges for Fiscal Year 1996
This was the time and place set for the public hearing on Commission Resolution No.
3142, as approved by the City Attorney, entitled:
COMMISSION RESOLUTION NO. 3142
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON
CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF
. GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST AND EXPENSE OF
COLLECTING, REMOVING AND DISPOSING OF SOLID WASTE.
Mayor Stueck opened the public hearing.
City Manager Wysocki stated that there is one delinquent solid waste collection charge
from last fiscal year, in the amount of $24.68.
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No one was present to speak in support of or in opposition to the assessment of
delinquent solid waste charges.
Mayor Stueck closed the public hearing.
It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the
. Commission finally adopt Commission Resolution No. 3142, levying and assessing delinquent
solid waste charges for Fiscal Year 1995-1996. 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.
Public hearing - Commission Resolution No. 3143 - levving and assessing delinauent sewer
charges for Fiscal Year 1996
This was the time and place set for the public hearing on Commission Resolution No.
3143, as approved by the City Attorney, entitled:
C
OMMISSION RESOLUTION NO. 3143
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, LEVYING AND ASSESSING
A SPECIAL ASSESSMENT UPON
. CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF
GALLATIN, STATE OF MONTANA, UNLESS PROVISIONALLY EXEMPTED, TO
COLLECT DElINOUENT SEWER CHARGES PLUS COSTS AND EXPENSES
INCURRED BY THE CITY OF BOZEMAN, AS PROVIDED FOR IN SECTION
7-13-4309, MONTANA CODE ANNOTATED.
Mayor Stueck opened the public hearing.
City Manager Wysocki noted that, as of today, there are ten delinquent sewer charges
for last fiscal year, totalling $ 265.78.
No one was present to speak in support of or in opposition to the assessment of
delinquent sewer charges.
Mayor Stueck closed the public hearing.
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the
Commission finally adopt Commission Resolution No. 3143, levying and assessing delinquent
. sewer charges for Fiscal Year 1995-1996. 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.
09-16-96
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Public hearing - Commission Resolution No. 3144 - levying and assessina delinauent snow
removal charaes for Fiscal Year 1996
This was the time and place set for the public hearing on Commission Resolution No.
3144, as approved by the City Attorney, entitled:
. C
OMMISSION RESOLUTION NO. 3144
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON
CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF
GALLATIN, STATE OF MONTANA, UNLESS PROVISIONALLY EXEMPTED, TO
DEFRAY THE COST AND EXPENSE FOR REMOVAL OF SNOW AND ICE FROM
SIDEWALKS IN THE CITY OF BOZEMAN UNDER THE PROVISIONS OF CHAPTER
12.24 OF THE CITY OF BOZEMAN MUNICIPAL CODE.
Mayor Stueck opened the public meeting.
City Manager Wysocki stated that, as of today, there are fourteen delinquent snow
removal charges for last fiscal year, totalling $1,137.57.
No one was present to speak in support of or in opposition to the assessment of
delinquent snow removal charges.
Mayor Stueck closed the public hearing.
. It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that
the Commission finally adopt Commission Resolution No. 3144, levying and assessing
delinquent snow removal charges for Fiscal Year 1995-1996.
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 - Commission Resolution No. 3145 - levvina and assessina delinauent weed
mowina charaes for Fiscal Year 1996
This was the time and place set for the public hearing on Commission Resolution No.
3145, as approved by the City Attorney, entitled:
C
OMMISSION RESOLUTION NO. 3145
. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON
CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF
GALLATIN, STATE
OF MONT ANA, TO COLLECT
WEED CUTTING OR
EXTERMINATING CHARGES PLUS COSTS AND EXPENSES INCURRED BY THE
CITY OF BOZEMAN, AS PROVIDED FOR IN SECTION 7-22-4101, MONTANA
CODE ANNOTATED AND CHAPTER 8.36 OF THE BOZEMAN MUNICIPAL CODE.
Mayor Stueck opened the public meeting.
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City Manager Wysocki noted that, as of today, there are four delinquent weed mowing
charges for last fiscal year, totalling $206.00.
No one was present to speak in support of or in opposition to the assessment of
delinquent weed mowing charges.
. Mayor Stueck closed the public hearing.
It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the
Commission finally adopt Commission Resolution No. 3145, levying and assessing delinquent
weed mowing charges for Fiscal Year 1995-1996. 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 hearing - Master Plan Amendment - Sub-area Plan for North 19th Avenue/West Oak
Street (P-9629)
This was the time and place set for the public hearing on the Master Plan Amendment
sub-area plan for North 19th Avenue/West Oak Street, as requested by the City-County
. Planning Board, under Application No. P-9629.
Mayor Stueck opened the public hearing.
Senior Planner Dave Skelton presented the staff report.
He stated that this proposed
sub-area plan would apply to 1,022 acres, part of which lies within city limits and part of which
lies just outside city limits, within the jurisdictional area. He noted that the article in Sunday's
edition of the Bozeman Daily Chronicle has done an excellent job of establishing the background
for this application and discussion. He stated that the study area for this sub-area plan extends
along North 19th Avenue from the Interchange to Durston Road and along West Oak Street
from North 7th Avenue to Western Drive. He noted that this sub-area plan was prompted by
the Planning Board's recognition that a new entryway to the community has been created and,
through appropriate long-range planning, an attractive type of development can be encouraged.
. He further noted that this will allow the City to guide growth and development along these
entryways, rather than being reactionary to specific development proposals.
The Senior Planner noted that the City-County Planning Board and staff have spent the
last three months developing this proposed sub-area plan, and it reflects the issues raised
during public forums and meetings with property owners along these corridors. He noted that
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the public forums identified several general topics of concern, including protecting entryway
corridors and urban open space, providing parks and greenbelts, ensuring the use of planned
unit development procedures, providing new commercial land while protecting against
deterioration of existing commercial property, and providing new jobs as well as affordable
. housing. He stated that those concerns and the proposed uses within these corridors
were
taken into consideration and reflected in the sub-area plan as forwarded by staff.
Senior Planner Skelton indicated that, through the review process, five principal goals
were identified, and are the basis for the sub-area plan. Those goals include:
1. Promote and enhance North
19th Avenue and West Oak Street as major
e
ntryways into the city that exemplify the importance of urban open space
t
o the basic quality of life in Bozeman;
2. Promote the establishment,
utilization and/or protection of parkland, open
s
pace, trail corridors and environmentally sensitive lands in order to provide
f
or needed community amenities in the study area;
3. Provide for the establishment
of commercial and business park areas that
e
nhance the Bozeman economy while remaining sensitive to existing and
p
roposed neighborhoods, and while respecting environmental and historic
c
onditions in the area;
. 4. Protect existing neighborhoods
and areas designated for future residential
development
from conflicting land uses; and
5. Provide for public facilities
which can accommodate projected growth and
f
uture development in the area.
The Senior Planner reviewed the land use map, as contained in the current 1990
Bozeman Area Master Plan Update and the proposed land use map, as forwarded in this
amendment. He highlighted the significant changes, as follows: the northwest
Quadrant of
North 19th Avenue/West Oak Street from residential to commercial; the southeast quadrant
of North 19th Avenue/Baxter Lane from residential to business park; and the northwest
quadrant of North 19th Avenue/West Oak Street from residential to limited commercial. He
stated another change in the land use map would be from residential to limited commercial on
the northwest quadrant of North 19th Avenue/Durston Road, which would bring the land use
. designation into compliance with the existing "B-1", Neighborhood Service, and "R-O",
Residential--Office, zoning designations. He stated that Gallatin County has also requested that
the north ten acres of its Rest Home site, which is located along the south side of West Oak
Street, be designated as urban residential infill instead of public lands and open space.
0
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Senior Planner Skelton recognized that the designation "limited commercial" is a new
one, and is designed to allow uses which serve a limited population and professional offices.
He noted that buildings within that designation must architecturally blend with the surrounding
residential development, and compatible zoning might be "B-1" or "R-O". The Planner noted
. that the "business park" land use designation is also new, and is to encourage development of
high technology industries, research establishments, light manufacturing and regional offices
which are attractive and blend with the surroundings. He indicated that compatible
zoning
designations might be "BP", Business Park, or "M-1", Light Manufacturing.
The Senior Planner identified the four major property owners in the study area, which
include Jerry Perkins and Philip Saccoccia on the east side of North 19th Avenue between West
Oak Street and Baxter Lane; Cape/France on both the east and west sides of North 19th
Avenue between West Oak Street and Baxter Lane; and Gene Graf on the west side of North
19th Avenue, between Baxter Lane and the interchange.
Senior Planner Dave Skelton stated that the 1990 Bozeman Area Master Plan Update
contains four criteria by which amendments are to be considered. He noted that those criteria
. and the staff's comprehensive findings are contained in the written staff report, which was
previously distributed to the Commission. He briefly highlighted those findings and the
summary, under which staff forwarded its recommendation for approval.
The Senior Planner stated that this proposed amendment establishes five elements for
the sub-area plan, which include the revised land use map as previously reviewed. The second
element is the transportation plan, which identifies new collectors in the area as being the
northward extensions of North 11th Avenue and North 15th Avenue, the westward extension
of Juniper Street, and a new east/west collector midway between Baxter Lane and West Oak
Street, which is currently unnamed. The third element pertains to identification and protection
of environmentally sensitive areas, which may be accomplished through an overlay district.
The Senior Planner stated that the fourth element is a parks and open space plan, under which
. a network of linear open space corridors, pathways and bicycle routes is anticipated. Four
watercourses have been identified in the study area: Mandeville Creek, which extends from
Durston Road to Baxter Lane; Walton's Ditch/Farmers' Canal, which extends from Durston
Road to Baxter Lane; and East Catron Creek and West Catron Creek, which extend from
Durston Road to the interchange. He reminded the Commission that a 70-foot-wide corridor
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is required along each of these waterways, and those could be used in the calculations for open
space. He also noted that trails could be installed within these corridors, which could provide
an attractive atmosphere for walking.
The Senior Planner noted that the fifth element, which is probably the key element, is the
. greenway corridor plan. He stated that this plan is anticipated to provide the urban open space
and greenbelt which have been identified as necessary to ensure the type of entryway to the
community that is desired.
Senior Planner Skelton stated that under this sub-area plan, development is to be
considered through the planned unit development procedure, which currently exists in the zone
code. He stated that, through this type of review, steps can be taken to ensure that high-
quality development is promoted. He further noted that a plan for the entire corridor can be
considered, thus avoiding the results that piecemeal development can bring. He stated that,
through creative landscaping and building design, this corridor should be aesthetically pleasing
and an asset to the community. He recognized that a significant amount of concern has been
raised about the length of time that the planned unit development process takes. He reviewed
. a graph of the timeline for the reviews necessary to develop raw land, beginning with the
subdivision process and going through the zoning process. He stressed that the subdivision
process and the planned unit development process are essentially parallel and can be
accomplished in tandem. He noted that once those processes are completed, a specific
application for development of a parcel could be reviewed and approved within three weeks.
He stated that if the standard subdivision process and zoning process are followed, the length
of review time could actually be longer.
Senior Planner Skelton stated that under this plan, both North 19th Avenue and West
Oak Street are designated as Class I entryway corridors, which means that all development
within 660 feet of the roadway must be reviewed under the planned unit development review
process, and a minimum 50-foot-wide front yard setback is required. He emphasized that,
. under the Planning Board's recommendation, the core of the study area outside the 660-foot
corridor along the roadways would not be subject to the provisions of this plan.
He stated,
rather, they will be subject to the standard review processes under their zoning designations.
He cautioned that the minimum regulations for those districts, as contained in the zone code,
are typically viewed by developers as the maximums.
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The Senior Planner reviewed the reasons that development under this sub-area plan
would be preferable to development under the regulations currently in place. He stated that
under the existing site plan review processes and the design objectives plans, the mechanisms
are in place to ensure that development is appropriate for an entryway corridor.
He noted,
. however, that those procedures result in piecemeal development since only one project is
considered at a time; and there is no mechanism for ensuring that circulation patterns for
pedestrians and bicycles are provided. He stated that, through adoption of this sub-area plan,
an overall plan for the entryway corridor can be established, with open space corridors and a
circulation system that will enhance the area.
Senior Planner Skelton stated that, following its public hearing on this sub-area plan at
its September 4 meeting and consideration of the four criteria for master plan amendments, the
City-County Planning Board voted 10 to 0 to recommend approval, subject to some minor
revisions. He encouraged the Commission to recognize the diversity of the Board members and
their efforts over the past three months to create a document with which all of them could be
comfortable and which addresses the concerns and issues raised by members of the public and
. the property owners.
Senior Planner Dave Skelton and Associate Planner Dean Patterson gave a slide
presentation, along with a narrative about the subject property and how it might be developed.
The Senior Planner noted that the property is currently vacant agricultural land, stressing the
importance of planning for development of that property to ensure that the Quality of life
factors are protected and enhanced. He suggested that, through the installation of boulevard
streets, greenbelts and pedestrian ways, the fabric of the area and the entryway can be
identified. He encouraged the Commission to carefully consider the Planning Board's
recommendation, and to recognize that this is an opportunity to take a proactive role in
planning for future development.
Mr. Dan Kamp, representing the design team for three of the four major landowners,
. distributed to the Commission copies of a proposal for alternative provisions in the sub-area
plan. He noted that the issues have been very well identified in Senior Planner Skelton's report.
He further noted that the issues critical to Bozeman's future have been enumerated, and
assured the Commission that the landowners share in those concerns. He recognized the work
that has gone into preparation of this sub-area plan, suggesting that the alternative forwarded
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in this proposal could address those concerns while providing an alternative to the planned unit
development that is supported by the landowners.
Mr. Kamp characterized this proposal as a modification to the Planning Board's
recommendation. He stated that it is endorsed by three of the four major landowners, Philip
. Saccoccia, Jerry Perkins and Cape/France. He indicated that Mr. Gene Graf will forward his
own comments later in this meeting. He noted that under this proposal,
wherever reference
is made to the planned unit development overlay, the phrase "or alternative development review
procedure (ADRP)" would be inserted. He noted that this procedure would
be contained in
Section 18.43 of the Bozeman Municipal Code, which is the Entryway Corridor section of the
zone code. He suggested that the section should include a set of design criteria upon which
all parties involved agree, recognizing that this proposal will require revisions to both the master
plan and the zone code.
Mr. Kamp forwarded proposed procedure and design criteria for the new "alternative
development review procedure", noting that all developments within this sub-plan area would
be coordinated under site master plans which meet the goals and objectives of this sub-plan.
. He indicated that conceptual site master plans and conceptual development guidelines would
be sufficient for this process. The conceptual master plans would show general land uses,
major streets, pedestrian circulation, trails, stream corridors, open spaces, greenbelts,
streetscape and any other significant features. Requests for preliminary approval of a phase
would require a more specific site plan and development guidelines. The site master plans shall
provide for integrated pedestrian ways adjacent to the corridors and interior public spaces
where appropriate. The use of natural corridors would be encouraged for an integrated network
of pedestrian ways. He noted that if private open spaces are linked to publicly-owned
pedestrian ways, the landowner would retain the right to reasonably control or restrict use of
those open spaces. To preserve and enhance the year round views from the roadway,
a
predominance of evergreen trees would be used, with provisions to ensure the maintenance and
. irrigation of all live landscaping.
Mr. Kamp stated that under the "alternative development review procedure", the open
space requirements for commercial projects would be evaluated on performance and would be
a maximum of 20 percent. It could include all maintained private or public open space or other
publicly accessible areas or gathering places, parking lot landscaping and pedestrian trails.
09-16-96
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Also, if the entire 50-foot setback from the roadway is landscaped and maintained to meet the
viewshed and pedestrian concerns, 50 percent of that area could be applied to the open space
requirements. He indicated that if an applicant chooses to incorporate lands beyond the
entryway corridor boundary into the master plan, open space in that area could be credited
. toward the open space requirements, provided it is a significant portion of the project land
base. Open space credits would also be given if parking areas adjacent to the entryways are
totally screened from view by depressing them or screening them with berms and evergreens
or other landscape treatments.
Mr. Dan Kamp suggested that if projects are developed under the planned unit
development process which currently exists, applicants should be allowed to add land to Rose
Park in lieu of up to 50 percent of the open space requirements or 100 percent of any parkland
dedication requirement. He noted that this would provide a mechanism for increasing the size
of Rose Park, which has been identified as desirable for designation as a regional park.
Mr. Kamp recognized that, to optimize use of the parcels, it will be essential to subdivide.
He noted that two of the property owners have always intended to master plan their parcels
. prior to subdivision, to maximize the value of the property and to meet the subdivision
requirements for parcels in the entryway corridor. He indicated that under the "alternative
development review procedure", the master plan would be reviewed as a part of the subdivision
review process. As projects are developed, the buildings would be reviewed in light of the
entryway corridor guidelines to ensure that they comply.
Mr. Kamp noted that Mr. Gene Graf has developed a conceptual plan for development
of his entire parcel. He noted that under this proposed alternative process, those portions of
the parcels lying within the entryway overlay corridor would go through a similar conceptual
plan review, with each building being reviewed and approved individually before being
constructed. He suggested that, with this substantial amount of review, steps can be taken
. to ensure an attractive and integrated entryway. He stated that the "alternative design review
procedure" meets the concerns of the staff, Planning Board and City Commission and is
acceptable to the major property owners.
Mr. Bill Rolfe, 2501 North 19th Avenue, stated that the roadway has already taken a
140-foot strip of what had been good agricultural land . He expressed concern that, with the
setback requirements and the open space requirements proposed, another significant portion
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of agricultural land will be used to retain what has been identified as necessary to maintain the
natural beauty of the area. He questioned how much that will cost the property owners, and
how much more good agricultural land will be taken up for those purposes. Mr. Rolfe asked
the Commissioners to consider whether it can afford this proposed plan, stating he does not
. believe the landowners should be required to bear the costs.
Mr. Rolfe noted that if a 50-foot-wide landscape buffer is required along each side of
North 19th Avenue, the swath for the roadway will essentially be 240 feet wide, and that
concerns him. He noted that the land in the community is quickly being eaten up, and houses
are being built in the mountains. He concluded by stating that roadways should take no more
space than absolutely necessary, cautioning that this plan will result in eliminating even more
agricultural land than is required.
Mr. Gene Graf, 3025 Langohr Avenue, distributed copies of his testimony, forwarded in
a letter dated September 1 6. He stated that he does not believe his property
should be
included in this sub-area master plan. He reminded the Commission that his 167-acre parcel
has already been rezoned, in compliance with the current master plan, and is the subject of a
. conceptual master plan. He noted that that conceptual master plan includes open
space for
wetlands, waterways and trails and provides berming along North 19th Avenue.
Also, the
street plan is intended to provide a much greener appearance and less blacktop along the road
corridor. He expressed concern that imposing this overlay zone on his property would require
starting the development process over. He also noted that the property along the east side of
North 19th Avenue, north of Baxter Lane, is not included in this proposed sub-area plan.
Mr. Graf reminded the Commission that the North 19th Avenue interchange has become
a reality several years earlier than it might have been because Senator Max Baucus became
involved in obtaining demonstration funds to do so. He stated that, as a part of this project,
he donated 13 % acres to be used as part of the City's match.
Mr. Gene Graf estimated that development of his parcel will take forty to fifty years. He
. stated that, to date, he and his development team have spent a considerable amount of time
and effort in envisioning the type of development that is desired and in preparing the
conceptual master plan to guide development in that direction. He suggested that the ability
to provide an entryway which is different from North 7th Avenue, North Rouse Avenue, West
Main Street and East Main Street is one of the biggest marketing tools they have available. He
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stated that, to ensure the type of development envisioned by the City, he is willing to enter into
an agreement with the City to provide open space. He reiterated, however, that he does not
believe his parcel should be included in this sub-area plan.
Mr. Dick Rolfe, 2525 North 19th Avenue, stated that he grew up in an agricultural
. setting along what is now the North 19th Avenue corridor. He expressed concern that this
proposed plan infringes on property owners' rights, and it will encourage urban sprawl.
He
recognized that the community is not the same as it was 42 years ago. He stated, however,
that he wishes to continue the agricultural use of the land which his parents currently own; and
he does not want to be under any type of land use plan that takes that option away.
Mr. Rolfe expressed his frustration that, while he lives outside city limits, the use of his
land is impacted by those who govern the City. He then forwarded his support for Mr. Graf's
comments, characterizing his conceptual master plan as a beautiful proposal that reflects a lot
of thought.
Mr. Rolfe recognized that open space may be nice. He encouraged the Commissioners
to remember, however, that providing open space within developments along this entryway will
. decrease the amount of development that can occur and will simply encourage greater urban
sprawl. He also expressed concern that maintaining the green spaces will require a significant
amount of water, serving to compound any potential water problems in the future.
He
recognized that providing natural corridors along water ways makes a lot of sense, indicating
that he could support those open spaces.
Mr. Rolfe noted that this is still a "melting pot community", with a large percentage of
the population living here an average of four or five years. He stated that, because of this high
turnover in population, the landowners' concerns should be weighed more heavily than general
public comments. He concluded by encouraging the Commission to consider these issues
when acting on this proposed sub-area master plan.
Mr. Lowell Springer, architect representing Cape/France, recognized the good job which
. the Planning staff and Planning Board have done in developing a good sub-area plan in a short
period of time. He encouraged the Commissioners to recognize how close everyone is to
agreeing on the plan, with only one modification being forwarded by three of the four major
property owners. He assured the Commission that the same goals and objectives will
be
addressed through the "alternative design review procedure" as will be addressed through the
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planned unit development process. He stated that, as a result of the last Planning
Board
meeting, the property owners' representatives felt that they had been encouraged to provide
this alternative for Commission consideration. He noted that both the Planning Board and the
property owners recognize the amount of time and effort that staff has put into developing the
. sub-area plan, and they further recognized that the property owners could be responsible for
development and submittal of this alternative proposal. He encouraged the Commissioners to
carefully consider this alternative proposal as it acts on the master plan amendment.
Mrs. Anne Banks, 7 Hill Street, member of the Recreation and Parks Advisory Board,
thanked the Planning staff and Planning Board for their efforts to develop a plan to provide for
a visionary approach to development of the North 19th Avenue corridor rather than a piecemeal
approach. She forwarded her appreciation for the goal to establish parkland, open space and
green corridors and to protect environmentally sensitive areas; however, she forwarded some
concerns about implementation of that goal. She forwarded her interest in having the open
spaces along the stream corridors and ditch corridors designated as public lands, recognizing
that may require a revision to the zone code. She expressed concern that if those areas are
. not designated as public lands, it may be possible to close them to public access.
She
expressed concern that all of the stream corridors run north/south, and no east/west corridors
have been identified to create a network of trails that can be easily used.
Mrs. Banks noted that Rose Park currently contains 21 to 26 acres, and she is not sure
there is a mechanism in place for adding to that park as proposed under the alternative
forwarded by the property owners. She stated that the Recreation and Parks Advisory Board
views Rose Park as a community park rather than a regional park, and they feel that 50 acres
would be a good size.
Mrs. Banks stated her support for adoption of the master plan amendment, noting that
the alternative forwarded by the property owners is worth consideration. She noted that, by
its adoption, the Commission will help to ensure that piecemeal development of this entryway
. is avoided.
Ms. Rebecca Dorobis, 1000 North 17th Avenue, submitted to the Commission a petition
containing 130 signatures in support of the sub-area master plan as forwarded by the Planning
staff and Planning Board. She stated that the proposed planned unit development process
gives current residents a more secure feeling because they recognize that community interests
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34-
will be taken into consideration when development proposals are being considered. She
forwarded her concerns about buffering between existing residential development and the
proposed commercial development. She noted that when North 19th Avenue was constructed,
only a small grassed strip was provided between the roadway and the Covered Wagon Mobile
. Home Park, and that has become a used car lot. She concluded by encouraging the elected
officials to represent the best interests of the community in their decision.
Mrs. Lisa Hardiman, 1000 North 17th Avenue, stated the Montana People's Action is
concerned about development along North 19th Avenue, particularly since 203 families with
many small children live along that roadway. She noted that there is significant pressure to
develop any available land at the present time. She expressed concern that, under the planned
unit development criteria, a Wal-Mart could be constructed along this entryway and the parking
lot could be considered open space. She stated that it is not in anyone's best interests to allow
that type of development in this area. She recognized that the landowners have
rights;
however, she stated that people in the community also have rights that must be taken into
consideration. She encouraged the landowners to be good neighbors and forward their
. proposals for development to the residential neighbors for their review and input.
Dr. Pat Pardis, 1616 Durston Road, stated he lives at the corner of North 17th Avenue
and Durston Road. He noted that Durston Road serves as a main connector between
North
19th Avenue and North 7th Avenue, and its character has changed over the past few years.
He stated that when he purchased the home six years ago, Durston Road had some semblance
of a residential neighborhood street, characteristic of the R-3 zoning along it.
He noted
projections suggested that when North 19th Avenue was completed and when West Oak Street
was completed, congestion on Durston Road would be relieved. He noted that
with the
completion of North 19th Avenue, however, congestion has actually increased; and he is
concerned that the extension of West Oak Street will not relieve the situation.
He
characterized his property as a buffer for others living along North 17th Avenue. He is
. concerned that, because of losing its residential character, his property is losing its value, and
he does not feel that he can sell his house to a family with children. He asked the Commission
to remember in the future that placing residential development along a busy street is not in
anyone's best interests.
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Mrs. Claudia Foster,
719 North Wallace Avenue, Chair of the Bozeman Area
Beautification Advisory Board, read into the record a letter of support for the sub-area plan,
dated September 13. She noted that entryway corridors define the community's character and
appearance, providing a visitor's first impression. She recognized
that residents of the
. community will also be impacted by the character and appearance of this entryway.
Mrs. Foster stated the Board feels efforts should be made to retain as much of the
natural beauty in the area as possible, while providing for quality development. She noted that
care must be taken to avoid strip development, particularly with its lack of landscaping and
architectural elements. She suggested that this entryway corridor could
set a precedent for
future developments, thus leading the community into the 21 st century.
Mrs. Foster suggested that if there were some way to retain agricultural land within the
open space along this corridor, it could be to everyone's benefit. She
noted that, not only
could it reduce the need for irrigation, it could help to retain the agricultural flavor of the area.
Mr. Bert Hopeman, President of the Downtown Bozeman Association and Chair of the
Downtown Improvement District Board, stated that both bodies have been very interested in
. the development of this sub-area plan. He stated that the downtown businesses are dependent
on visitors to the community, and the business owners are concerned that the new entryway
be developed in an attractive manner, to encourage people to enter the community. He noted
that if it is developed as the other entryways have been, business owners are concerned that
tourists will not be attracted, and their businesses could be negatively impacted.
Mr. Hopeman noted that since he has been in Bozeman, he has seen the North 7th
Avenue entrance improve. He forwarded his appreciation to the Planning Board and the City
Commission for their interest in ensuring that this new entryway is developed in an attractive
manner, characterizing this as a fifty-year decision. He noted that once development occurs,
it takes a long time to change it.
Mr. Hopeman stated that both the Downtown Bozeman Association and the Downtown
. Improvement District Board support the plan as forwarded by the Planning staff and Planning
Board. He noted that neither group is opposed to commercial development; they wish to avoid
unattractive development.
Mr. Hopeman quickly addressed the alternative proposal, which would reduce the open
space to 20 percent, with several options for obtaining credits. He
cautioned that if this
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alternative is considered, steps should be taken to ensure that an attractive configuration of
open space is provided so that the integrity of the entryway is not compromised.
Mr. Keith Swenson, 603 South Willson Avenue, suggested that if the Commission wishes
to consider the "alternative design review procedure" forwarded by Mr. Dan Kamp on behalf
. of the major property owners, it should refer the proposal back to the Planning Board for its
review and recommendation before taking action. He recognized that the alternative plan may
have merit, but he feels the community should be given an opportunity to review it and forward
input prior to the decision being made. He stated that the downtown business owners support
the proposed change from residential to commercial, but they feel it is important to provide a
mechanism to ensure the type of development that occurs is the type that is desired. He
stated that the proposed planned unit development process will accomplish that, although he
recognized that another type of review might also ensure the same results.
Mr. Swenson noted that nine years ago, he and Mr. Kamp served on an ad hoc
committee appointed by the Commission to consider what types of changes were needed in
the City's master plan and zone code, and the "T", transitional, zones resulted. He noted that
. this zoning designation generated a significant amount of concern in the community because
each proposal was considered on its own merits rather than having a specific list of uses
allowed in each zoning district. He encouraged the Commission to avoid that type of situation
in the future, suggesting that the proposal forwarded by the Planning board could help to
ensure consistency and desirability of development.
Mr. Bill Mowen, 315 Griffin Drive, stated that he has purchased a lot in the Walker
Planned Unit Development, which is located just north of the North 19th Avenue interchange.
He owns a small business in Bozeman; and he felt that by purchasing a lot in a planned unit
development, he would be assured of the type of development occurring around him and that
the value of his lot would be retained. He characterized this as a long-term investment with
security. He noted that one of the previous speakers spoke about the deteriorating property
. values on Durston Road. He stated, however, that six years ago, most of the residents in the
community recognized what was going to happen along that roadway.
Mr. Mowen stated his support for the sub-area master plan with the planned unit
development review process. He noted that this will help to ensure quality development along
the entryway, and further ensure that property values are not negatively impacted by
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undesirable development. He stated that under these stringent guidelines, development similar
to North 7th Avenue can be avoided.
Mr. Chuck Paden, 507 Ice Pond Road, noted that in 1990 and 1991, when review of the
master plan and zone code was underway, he was one of the community members who spent
. many hours attending meetings and providing input on proposed changes. He noted that the
new plans are based on performance, and the planned unit development process ensures that
those performance standards are met. He noted that such review, with provision for public
input, is essential to ensure that new development is completed in accordance with zoning
regulations and in the manner that is identified and approved during the review process. He
stated that this proposed master plan amendment will provide for an overall master plan of the
area, under which development will occur, rather than encountering the problems that can arise
with the piecemeal approach to development.
Mr. Paden questioned whether it is appropriate to change from residential to commercial
land use designations along North 19th Avenue; however, he noted that through the planned
unit development process, the kind of controls on quality can be implemented. He
. characterized this conversion in land use designation as a "giving" rather than a "taking"
because it gives the property owners an opportunity to make money. He stressed that, in so
doing, the City must take the necessary steps to protect the public welfare through integrated
planning and zoning processes. He recognized that, no matter what decision the Commission
makes on this master plan amendment, the property will be developed, and the property
owners will realize a tidy return on their investments. He noted the result will be a legacy with
which the community must live for many years. He encouraged the Commission to carefully
consider this proposed amendment, noting that it will help to ensure that the desired type of
growth is realized.
Mr. Bob Hawks, 703 West Koch Street, reminded the Commission of the period of time
. when the "T", Transitional, zoning designation was in place, characterizing it as a nightmare.
He noted that under this proposed amendment, the concept for development in the area will
be in place and that will result in a uniform policy under which everyone can be treated fairly.
He stated that this approach is preferable to a piecemeal approach, and encouraged the
Commission to approve the amendment.
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Mrs. Lynn Husby, 403 North 20th Avenue, stated she is neutral on the proposed planned
unit development process; however, she is concerned about the proposed changes in land use.
She characterized the existing road system as not working, including North 19th Avenue and
Durston Road, and the cut through traffic is negatively impacting North 20th Avenue once
. again. She stated that, with commercial development being added along North 19th Avenue,
the amount of traffic will increase, thus increasing the cut through traffic in the neighborhood.
Mrs. Husby questioned why the land use designation on the property on the northwest corner
of Durston Road and North 19th Avenue is being changed to commercial, particularly in light
of the traffic problems it will create.
Mrs. Husby noted that affordable housing has been a priority of the Commission and the
community for quite some time, and she feels that the North 19th Avenue corridor could lend
itself to that type of development. She suggested that big commercial buildings will not
buffer
the residential areas as much as may be anticipated.
She concluded by encouraging the
Commissioners to remember the residential streets, particularly North 20th Avenue, in their
deliberations.
. Mr. Steve Kirchhoff, 516 South 6th Avenue, stated that he was raised in Bozeman, lived
in Chicago for eight years and just recently returned to Bozeman.
He noted that, in his trips
between Bozeman and Chicago, he learned to use the secondary highways instead of the
interstate system because the interstates are basically non-stop commercial development.
He
stated that Bozeman has changed substantially over the past eight years, and he is concerned
that more commercial development will lead to more headaches.
He encouraged the
Commissioners to take a step back and determine what type of development is needed, rather
than reacting to what it views as the inevitable. He also encouraged the Commissioners to
not
approve a proposal that will result in urban sprawl; however, he recognized that development
under an overall plan is preferable to a piecemeal approach.
. Mr. Frank Eckes, 2201 Maplewaad Street, stated he has attended all of the meetings on
this issue. He commended the Planning staff
and the Planning Board for their efforts in
developing the proposed master plan amendment under consideration. He stated that, while
he does not agree with all parts of the amendment, he feels it is a good proposal overall.
He
suggested that, through development of limited commercial areas along North 19th Avenue,
it may be possible to alleviate some of the traffic. He then stated that, through appropriate
use
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39 -
of the limited commercial areas, possibly through the development of professional office
buildings, residents in Brentwood Subdivision will actually be buffered from North 19th Avenue
by daytime activities. He characterized this as preferable to residential development,
which
would likely be in the form of rentals, which are often noisy in the evenings and which are
. often not well maintained. He further cautioned that the lawns around rental units are often
not watered, suggesting that the "green space" could quickly become "brown space".
Mr. Eckes recognized that the community will not get a second chance at developing this
entryway, so he encouraged the Commission to make sure it is done right.
He stated the
developers seem to be in a hurry to develop, questioning why. He concluded by encouraging
the Commission to approve the master plan amendment, even though he does not fully agree
with it.
Ms. Donna McKinney, 1000 North 17th Avenue, stated that North 19th Avenue is
located just outside her front door. She stated that her main concern is how
the area
immediately across North 19th Avenue will be developed and how it will be beautified. She
noted that when she first moved into her mobile home, there was a ditch with a hedge on top
. of it; and those were removed when the road was built. She indicated her interest in seeing
that type of buffer provided again, noting that when it was there, residents of the Covered
Wagon Mobile Home Park were not impacted by the development of the Brentwood
Subdivision. She encouraged the Commissioners to ensure that appropriate development
occurs along this corridor, complimenting Mr. Graf on the conceptual master plan for
development of his parcel.
Mayor Stueck stated that the Commission had briefly talked earlier today, on an informal
basis, about keeping the public hearing open for written comment, to allow an opportunity for
responses to the alternative proposal submitted by Mr. Kamp. He then suggested
that the
Commission consider establishing a deadline of 5:00 p.m. on Wednesday, October 2, for
written comment.
. Commissioner Frost noted that the Commissioners have received a number of letters and
petitions pertaining to this master plan amendment, which are to be entered into the record.
Senior Planner Skelton responded to some of the questions and issues raised during the
public hearing. He stated that both North 19th Avenue and West Oak Street would be Class
I entryways, which means there would be a 660-foot strip on each side that would be subject
09-1 6~96
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to the planned unit development process. He recognized that this impacts a 1 ,300-foot swath
through the properties involved. He then stated that a 25-foot front yard setback is required
for residential and commercial development as a part of the zone code. Under this proposal,
an additional 25-foot front yard setback would be required, providing for additional open space
. along the corridor. He recognized that the pedestrian walkways could be provided within this
50-foot buffer, although it could also be located within the project if the developer so chose.
He indicated that the entryway overlay corridor does not apply to the 1-90 corridor.
Commissioner Rudberg reminded the residents in Covered Wagon Mobile Home Park that
they are located in the county, not in the city. She stated, however, that the City is working
with the Montana Department of Transportation to get the dirt from excavation of West Oak
Street placed to serve as berms along North 19th Avenue and West Oak Street, to provide
some buffering for the residents.
Responding to Questions from Commissioner Youngman, Senior Planner Skelton stated
that the issue of buffering existing residential development from future commercial development
will be addressed during the zoning process, rather than under this master plan amendment
. process. He encouraged the Commissioners to limit their discussion and consideration to the
text amendment, its goals and objectives, recognizing that through the planned unit
development process or some similar process, those goals and objectives will be addressed.
He reminded the Commission that the master plan amendment is conceptual in nature,
providing guidance for the zoning process and any attendant amendments.
Senior Planner Skelton encouraged the Commissioners to remember that this is a 30 to
50-year plan. He noted that the traffic impacts have not yet been identified. He further noted,
however, that human behavior and attitudes suggest that if one has to stop for five seconds
at a stop light, there are traffic problems. He recognized that the alternative plan forwarded
by Mr. Kamp has some good merits, asking that the Planning staff be given an opportunity to
review it in greater detail.
. Responding to Mayor Stueck, the Senior Planner stated that the master plan amendment
should provide the strategies for performance and the criteria. He noted that the specific steps
to implement those issues will then be addressed through the zoning process. He then assured
the Commissioners that the implementation of this amendment will remain in their hands,
through creation of an overall plan under whatever review procedure is deemed appropriate.
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Responding to questions from the Mayor, Planning Director Andy Epple stated that he
feels the proposal forwarded by the major property owners should be carefully reviewed. He
suggested that it may have merit. He noted that a master plan for the entire area, which
provides for a unified type of development, will provide the greatest benefit to the community
. and ensure an attractive entryway.
Mayor Stueck recognized Planning Director Epple, his staff and the Planning Board for
the amount of time and effort they have put into preparation of this proposed master plan
amendment. He also thanked Mr. Dan Kamp and his clients and design team for the alternative
proposal which they have forwarded. He stated that everyone agrees that open space and
amenities are essential components for creating the best entryway corridor possible.
He
recognized that this is a 50-year plan and that the development which occurs under the plan
will be something with which the community must live with for an extended period of time.
Responding to Commissioner Frost, Senior Planner Skelton recognized that changing the
land use designation from residential to commercial will result in the loss of potential parkland
in this area. He stated that the parkland dedication on the property located east of North 19th
. Avenue and north of West Oak Street designated for residential development would be 13.9
acres; on the west side of North 19th Avenue north of West Oak Street would be 2.65 acres,
and south of West Oak Street would be 6.5 acres. He encouraged the Commissioners
to
remember that parkland is only one element of urban open space.
Responding to Commissioner Stiff, Senior Planner Skelton stated that some of the
proposals forwarded during this hearing, if implemented, would require cooperation among
property owners in the area. He noted that if this can be accomplished, the result could benefit
the entire community.
The Senior Planner reminded the Commission that since this is a master plan amendment,
the County Commission must also approve it. He noted that it is scheduled for public hearing
. before them on Monday, September 23. at which time they will probably delay action because
of the City Commission's delay of action. He then reminded the Commission that the City-
County Planning Board members are appointed by each of the governing bodies.
Responding to questions from the Commission, City Attorney Luwe stated that the
Commission could address the alternative forwarded by Mr. Kamp as a part of the information
submitted during the public hearing. He suggested that if, after careful review it is determined
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the proposal is materially different from what was advertised for public hearing, it may be
necessary to go back through the public hearing process to obtain public input.
City Manager Wysocki suggested that copies of this proposal could be made available
in the Clerk of the Commission's office, and the public could respond during the period for
. accepting written testimony.
Responding to Commissioner Frost, Senior Planner Skelton stated it would be possible
to submit the alternative proposal to the City-County Planning Board at tomorrow night's
meeting, for their review. He indicated that the Board members could then individually forward
written comments prior to the October 2 deadline, or the Board could take a formal position on
it.
Responding to Mayor Stueck, the Senior Planner stated that this master plan amendment
process is sliding behind schedule because of a two-week delay prior to reaching the Planning
Board and the anticipated three-week delay in the Commission's decision. He encouraged the
Commission to remember that this is a 50-year plan, and to not hasten the process.
Commissioner Rudberg forwarded concern about the possibility of allowing residential
. development along North 19th Avenue, noting that a noise expert has cautioned against it.
She further noted that the existing residential development along North 19th Avenue is showing
signs of deterioration. She then suggested that the proposed limited commercial area along the
west side of North 19th Avenue could be extended to the stream corridor, which could provide
a natural buffer between commercial and residential uses.
Mr. Lowell Springer noted that the Planning Board was preparing to vote when that issue
was suggested at their meeting. He further noted that at that time, the Planning
Director
cautioned that suggestion was not a part of the advertised public hearing.
Mayor Stueck thanked everyone for their attendance at this meeting and their input.
It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the
Commission close the public hearing to verbal comments and extend the period for accepting
. written testimony to 5:00 p.m. on Wednesday, October 2, 1996, and direct staff to place the
decision on this master plan amendment on the October 7 agenda during the 3:00 p.m.
session. 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.
0
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Adjournment - 10:15 c.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.
{ r;J0'? L ~~J
DON E. STUECK, Mayor
ATTEST:
GJ~/ ~
ROBIN L. SULLIVAN
Clerk of the Commission
.
.
09-16-96