HomeMy WebLinkAbout1996-08-19 Minutes, City Commission
MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
August 19, 1996
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. The Commission of the City of Bozeman met in regular session in the Commission
Room, Municipal Building, August 19, 1996, at 3:00 p.m.
Present were Mayor Stueck,
Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, City Manager Wysocki, City
Attorney Luwe and Clerk of the Commission Sullivan. Commissioner Youngman was absent
in compliance with Section 7-3-4322(2), M.C.A.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
None of the Commissioners requested that any of the Consent Items be removed for
discussion.
Minutes - Julv 29. 1996
It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the
. minutes of the meeting of July 29, 1996, be approved as submitted. The motion carried by
the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner
Stiff, Commissioner Frost and Mayor Stueck; those voting No, none.
Discussion ra crooosed oroaressive fine structure for Darkina tickets
Mr. Tim Fitzgerald, Chair of the Parking Commission, stated their group has discussed
parking in the downtown area extensively, and has sought input from the downtown business
people. He noted that the downtown merchants would like to see a greater turn-over in parking
stalls, on the streets as well as in the parking lots.
He stated that the Parking Commission
received input from other communities in Montana where a progressive fine structure has
been
. enacted, and their proposed fees lie in the mid range of communities surveyed. He stated that
the first ticket is to be complementary, with the progressive fine structure being enacted
thereafter.
Mr. Fitzgerald suggested that this new fine structure be implemented with the new
handheld ticket writers. He stated that under the proposal, tickets over ninety days old
would
revolve off the system, and the fine assessed would be based on the information in the ticket
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writer. He suggested that the proposed fine structure should do more to deter repeat offenders
than the present $2.00 per ticket structure which is in place. He indicated that this program
would be initiated in the B-3, Central Business, District and could possibly be expanded
to all
two-hour parking areas and parking districts if determined desirable.
. Responding to Mayor Stueck, Mr. Fitzgerald stated that the Parking Commission does
rent a small percentage of the parking spaces on a monthly or annual basis, and those spaces
are typically rented by business owners and employees.
He noted that only four of those
spaces are available for lease at the present time. He stated that one of the issues of
concern
is having people other than the lessees park in those spaces because the only remedy currently
available is ticketing the vehicle.
He indicated that towing agencies hesitate to tow those
vehicles because of the liability exposure. He suggested that a higher fine for those spaces
which have been rented on a long-term basis, such as $25.00, could serve to deter improper
parking.
The Commissioners thanked Mr. Fitzgerald for his presentation, noting their willingness
to address the parking fine structure as quickly as possible.
.
Preliminary Dlat review for Alderson Street Condominium PUD - Clair Daines - to create 12
condominium units on a 2.0-acre parcel described as lot 2. GUY'S Second Addition (125 East
Alderson Street) (P-9631)
This was the time and place set for review of the preliminary plat for the Alderson Street
Condominium Planned Unit Development major subdivision, as requested by Clair Daines under
Application No. P-9631, to create 12 condominium units on a 2.0-acre parcel described as
Lot
2, Guy's Second Addition. The subject
property is more commonly known as 125 East
Alderson Street.
Senior Planner Dave Skelton presented the staff report.
He stated that the subject
property is located south of Dell Place at the eastward extension of East Alderson Street.
He
noted that the subject property is zoned R-3a, Residential-- Two-family, Medium-density,
. District, which complies with the Bozeman Area Master Plan. He indicated that this project
was previously approved as a 12-unit apartment development and, under this application,
the
12 units are to be converted from apartments to condominiums.
He stressed that the
configuration of the project, which includes six duplexes, will not change. He stated that,
to
date, East Alderson Street has been extended to South Black Avenue, as a city-standard street;
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the water system has been looped between East Alderson Street and Dell Place; and the
sanitary sewer main has been extended to the subject property. He indicated
that those
improvements have all been constructed, inspected, certified and accepted by the City.
The Senior Planner reminded the Commission that in October 1994, it overturned the
. Planning Board's decision to deny the major site plan for this project, and approved it subject
to 24 conditions. Condition No. 20 of that approval required, "If a determination is made that
subdivision regulations apply to this development, the proposal shall be subject to review in
accordance with applicable subdivision and platting regulations contained in Title 16 of the
Bozeman Municipal Code, prior to final site plan approval." He stated that, in a memo dated
February 2, 1995, the City Attorney forwarded his determination that the subdivision
regulations apply to condominium developments within the City's jurisdictional area. He noted
that, even though the plat for a condominium development is to be recorded at the Clerk and
Recorder's Office, it is still considered in light of the criteria established for review of
subdivisions.
Senior Planner Skelton stated that the applicant has requested that this preliminary plat
. be reviewed as a subdivision planned unit development, which provides a mechanism for
relaxation of design standards. In this instance, that relaxation applies to the private street
which provides access to the six duplex units, allowing that street to be constructed at less
than city standards.
The Senior Planner stated that staff reviewed this application in light of the six criteria
established in the Montana Subdivision and Platting Act; and the staff's comprehensive findings
are contained in the written staff report, which was previously distributed to the Commission.
He stated that the City-County Planning Board considered these criteria and the staff's findings
during its public hearing on August 6 and, following its public hearing, concurred in staff's
recommendation for approval, subject to nine conditions.
Senior Planner Skelton stated that one of the issues discussed during the Planning
. Board's meeting pertained to open space. He noted that 30 percent open space is required.
and one of the recommended conditions is that 50 percent of that required open space be in
common ownership of the homeowners' association. He indicated that there was substantial
public testimony during the public hearing; and issues raised include sewer capacity, seasonal
flooding, high groundwater and the location of the trail. He noted that other issues
raised
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included setbacks, density and landscaping; however, he cautioned that those are not
applicable in a subdivision review. He stated that, under the original proposal, the trail
was to
essentially remain in its historic location; however, under one of the conditions of approval,
the
trail was relocated to the eastern boundary of the property. He noted that the applicant
has
. been working with Chris Boyd, Gallatin Valley land Trust, to relocate the trail to the center of
the property, and the general location of the traditional alignment.
He noted that under the
conditions forwarded by the Planning Board for this application, that realignment would
be
accommodated.
The Senior Planner stated that, in a memo dated August 19 which was distributed just
prior to the meeting, he has forwarded a recommended additional condition which results
from
a meeting with the developer on August 9, pertaining to protection of the mature willow
trees
near Building No.3. He noted that, attached to that memo, are copies of the original notice,
as published with a typographical error, and the corrected notice which was subsequently
published.
Commissioner Stiff asked if the applicant has agreed to the additional condition.
. Mr. Clair Daines, applicant, noted that under the approval previously given, he may
construct the six buildings as proposed. He noted that considerable concern has once again
been raised about the capacity of the sewer lines in that area.
He noted, however, that the
studies of the sewer mains have consistently revealed that an additional 500 residents could
be served by those lines, and estimated that after this development, capacity would remain
to
serve 425 additional residents.
Mr. Daines stated, during installation of the water and sewer mains, he was surprised
that the only groundwater encountered in May was about 9 to 10 feet below the surface, at
the corner of the furthest building location.
He recognized that a continuing problem
encountered in that area is flooding caused by beaver dams.
. Mr. Daines indicated that no one was happy with the realignment of the trail to the
eastern property boundary.
He noted that relocating it to its traditional alignment seems
appropriate, assuring the Commissioners that on that alignment, it will not infringe on
the
privacy of the residents. He also noted
that a portion of it will be located in a nice grove of
trees, which provides an attractive setting for the users of the trail.
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Mr. Clair Daines stated that he has had the mature willows near Building No.3 trimmed.
He noted that they are now much more attractive, and the arborist has assured him that the
trees are salvageable.
He responded to Commissioner Stiff's question by assuring the
Commission that he is willing to accept the additional recommended condition.
. Responding to Mayor Stueck, City Attorney Luwe indicated that the error in the original
published notice does not compromise this process, particularly since the public hearing
was
held before the City-County Planning Board; and the date of that hearing was correct in
the
original publication.
It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the
Commission approve the preliminary plat for the Alderson Street Condominium Planned Unit
Development major subdivision, as requested by Clair Daines under Application No. P-9631,
to create 12 condominium units on a 2.0-acre parcel described as Lot 2, Guy's Second
Addition, subject to the following conditions:
1. That the final plat conform to
the Uniform Standards for Final Subdivision
Plats, including the Certificates
of Installation of Improvements, Planning
Director and Governing Body, and
be accompanied by all appropriate
. documents;
2. That the Declaration and By-Laws for the Alderson Place Condominium
Homeowners' Association be amended
according to the recommendations
as follows:
a)
Define and delineate on an attached exhibit all areas to be
designated as "Common
Open Space" for use by
the
Homeowner's Association;
b)
Reference and identify the location of the following easements:
1 ) Ten (10) foot wide water right diversion easement from
Mathew Bird Creek to the Kenneth and Mary Bryson property to
include the legal description; and
2) Ten (10) foot wide public pedestrian easement, to include the
legal description.
c)
Reference the following boundaries and building setbacks:
1 ) 100-year flood plain boundary for Mathew Bird Creek;
2) 35-foot stream setback for Mathew Bird Creek; and
3) Existing wetlands boundary.
. d)
Provide in the declaration of the Homeowners' Association
provision for the assessment and general maintenance, repair,
upkeep and management of: 1) common open space; 2) private
street; 3) snow removal and storage areas for private street; 4)
pedestrian sidewalks, boardwalk, streetscape for private street,
and landscaping.
3. That the developer work with planning
staff to redirect the trail along its
historic lines and ensure an adequate
footbridge across Mathew Bird
Creek;
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4. That the final plat and Homeowners'
Association documents delineate
and describe the location of the
prescribed thirty percent (30%) open
space and fifteen percent (15%)
"common open space" for review and
approval by the Planning Office
prior to final plat approval;
5. Preliminary plat approval does
not exempt the applicant from impact fees
established at an earlier date
which are based on final site plan approval
. and issuance of a building permit(s)
to proceed with the project. Final
approval shall be subject to any impact fees for each condominium
structure which is implemented through issuance of building permits
after
September 22, 1996;
6. That the mature willow trees identified
on the final site plan, which are
in proximity to Building No.3,
not be removed from the site unless the
applicant can demonstrate that
they cannot be salvaged by providing the
Planning Office with certification
from a certified arborist stating that they
will nor survive and should be
removed prior to final plat approval;
7. A building permit shall be obtained
prior to construction of structures and
must be obtained within one (1)
year of final plat approval:
8. Within sixty (60) days of final
completion of all site work, the applicant's
licensed architect or engineer
overseeing the project shall certify to the
City-County Planning Office that
all improvements have been completed
in accordance with the approved
final site plan and final plat;
9. If occupancy of anyone condominium
structure is to occur prior to
installation of all on-site improvements,
the Improvements Agreement
must be secured by a method of
security equal to one and one-half times
. the amount of the estimated cost
of the scheduled improvements not yet
installed. Said method of security shall be valid for a period of
not less
than twelve (12) months; however
all on-site improvements shall be
completed by the applicant within
nine (9) months of occupancy to avoid
default on the method of security;
and
10. The applicant shall have three
(3) years from the date of preliminary plat
approval to complete the above
conditions and apply for final plat
approval.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Stiff, Commissioner Rudberg and Mayor Stueck; those voting No being Commissioner Frost.
Ordinance No. 1425 - Zone MaD Amendment - PlI and B-1 to R-O - portion of Tract 2. COS
No. 1846. and Dortion of Tract A. COS No. 1872 (south of West Babcock Street and west of
Ferguson Road) (Z-9528)
Previously distributed in the Commissioners' packets was a copy of Ordinance No.
. 1425, as approved by the City Attorney, entitled:
ORDINANCE NO. 1425
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING THE BOZEMAN ZONE MAP'S ZONING DISTRICT
DESIGNATIONS BY AMENDING THE ZONING DESIGNATION FROM "PLI"
(PUBLIC LANDS AND INSTITUTIONS) AND "B-1" (NEIGHBORHOOD SERVICE)
DISTRICTS TO "R-O" (RESIDENTIAL--OFFICE) DISTRICT ON APPROXIMATELY
25 ACRES OF LAND lOCATED IN PORTIONS OF TRACT 2 OF CERTIFICATE OF
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SURVEY NO. 1846 AND TRACT A AND B OF CERTIFICATE OF SURVEY NO.
1872.
City Manager Wysocki reminded the Commissioners that they had provisionally adopted
this ordinance at their meeting of August 5, and recommended that it be finally adopted at this
.time. It was moved by Commissioner Frost, seconded by Commissioner Rudberg, that the
Commission finally adopt Ordinance No. 1425, amending the zoning from "PU" and ."B-1" to
"R-O" on approximately 25 acres of land located south of West Babcock Street and west of
Ferguson Road. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Frost, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those
voting No, none.
Ordinance No. 1426 - Zone Map Amendment - AS to B-1 - 8.37 acres located in the NE%.
Section 17. T2S. R5E. MPM (5391 and 5393 Gooch Hill Road) (Z-9621)
Previously distributed in the Commissioners' packets was a copy of Ordinance No.
1426, as approve~ by the City Attorney, entitled:
. ORDINANCE NO. 1426
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING THE BOZEMAN ZONE MAP'S ZONING DISTRICT
DESIGNATIONS BY AMENDING THE ZONING DESIGNATION FROM "AS"
(AGRICUL TURAL SUBURBAN) TO "B-1" (NEIGHBORHOOD SERVICE) ON 8.37
ACRES LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF
GOOCH HILL ROAD AND U.S. HIGHWAY 191.
The City Manager reminded the Commissioners that they had provisionally adopted this
ordinance at their meeting on August 5, and recommended that it be finally adopted at this
time.
City Attorney Luwe noted that, subsequent to provisional adoption of this ordinance,
staff discovered an error in reporting of the Planning Board's recommendation on this item, as
contained in the third "Whereas"; and the ordinance has been revised to accurately reflect that
. recommendation. He then provided alternative language for Commission consideration,
as
proposed by the Planning Director.
It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the
Commission finally adopt Ordinance No. 1426, as amended, amending the zoning from "AS"
to "B-1" on 8.37 acres located at the southwest corner of the intersection of Gooch Hill Road
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and U.S. Highway 191. The motion carried by the following Aye and No vote: those voting
Aye being Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No
being Commissioner Frost.
. Commission Resolution No. 3137 - revisina and re-establishing aoals and Dolicies for annexation
of orooerties into the city
Included in the Commissioners' packets was a copy of Commission Resolution No.
3137, entitled:
COMMISSION RESOLUTION NO. 3137
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, REVISING AND RE-ESTABLlSHING GOALS AND POLICIES FOR
ANNEXATION OF PROPERTIES
TO THE CITY
OF BOZEMAN, AND
SUPERSEDING COMMISSION RESOLUTION NO. 2716.
City Manager Wysocki reviewed the changes in the annexation policy, as reflected in
the shading and strike-outs in the resolution. He noted that these revisions are the result of
Commission discussions and staff comments.
Mayor Stueck noted reminded the Commission that,
at last week's meeting,
. Commissioner Youngman had requested a postponement on adoption of this resolution,
depending on the public comment received at this meeting.
Mayor Stueck opened the meeting for public comment; no one was present to speak and
no written comment had been forwarded.
Mayor Stueck expressed concern about the addition to POlicy No.6, as forwarded by
the Planning Board, and asked if that language should be amended. Following discussion, it
was determined that the language needs no revision.
City Attorney Luwe asked if the Commissioners wish to make this policy retroactive,
noting that if they do not make it retroactive, it will apply only to those applications received
after the policy is adopted.
The Commissioners concurred that all applications filed prior to adoption of this pOlicy
. should be reviewed under the policy contained in Commission Resolution No. 2716.
Following a brief discussion, the Commissioners concurred that since there has been no
public comment and since notice provisions have been included in this resolution, it would be
appropriate to act on the policy rather than delaying the decision.
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It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the
Commission adopt Commission Resolution No. 3137, revising and re-establishing the goals and
policies for annexation of properties to the city. The motion carried by the following Aye and
No vote: those voting Aye being Commissioner Stiff, Commissioner Frost, Commissioner
. Rudberg and Mayor St~eck; those voting No, none.
DeDository Bonds and Pledged Securities as of March 31. 1996
In compliance with the provisions of Sections 7-6-201 to 7-6-212, Montana Code
Annotated, Commissioner Youngman and Commissioner Rudberg have examined the receipts
of Depository Bonds and Pledged Securities held by the Director of Finance as security for City
funds deposited in Bozeman banks.
Commissioner Rudberg reported that the inventory of Depository Bonds and Pledged
Securities was found to be in order.
It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the
Commission approve the Pledged Securities as of March 31, 1996, listed as follows:
. DEPOSITORY BONDS AND SECURITIES
MARCH 31, 1996
RATE MATURITY RECEIPT NO.
TOTAL AMOUNT
FIRST SECURITY BANK - Bozeman
Federal Deposit Insurance Corporation
$ 100.000.00
Sub-Total - FDIC
$
100,000.00
Trusteed with American Bank, N.A.:
Dupage Cnty, III SID #045 Bds 6.1
06/01/2001 180001290 $
300,000.00
Newton, IA Bonds SRS 1989 9.50
06/01/1998 180001284
150,000.00
Canton,TX, Indpt SID Rfdg Bond 5.65
02/15/2000 180001293
345,000.00
Cowlitz Cnty WA SID #401 6.30
06/01/2000 180001295
290.000.00
Sub-Total - Trusteed bonds and securities
$ 1,085,000.00
. Pledoino Amendment to Repurchase Aoreement:
Trusteed with American Bank, N.A.:
Fed Home Loan Banks floater 07/28/1997
180001212 $ 1,000,000.00
Fed Home Loan Banks floater 05/21/1999
180001216 1.000,000.00
Sub-Total - Repurchase Agreement
$ 2.000.000.00
TOT AL - First Security Bank - Bozeman
$ 3,185,000.00
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This is to certify that we, the Commission of the City of Bozeman, in compliance with the
provisions of Section 7-6-207, M.C.A., have this day certified the receipts of the American
Bank, N.A., for the Depository Bonds held by the Director of Finance as security, for the
deposit for the City of Bozeman funds as of March 31, 1996, by the banks of Bozeman and
approve and accept the same.
. DON E. STUECK, Mayor
JOE N. FROST, Commissioner
JOAN M. RUDBERG, Commissioner
ALFRED M. STIFF, Commissioner
MARCIA B. YOUNGMAN, Commissioner
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Rudberg, Commissioner Stiff, Commissioner Frost and Mayor Stueck; those voting No, none.
Decositorv Bonds and Pledged Securities as of June 30. 1996
. In compliance with the provisions of Sections 7-6-201 to 7-6-212, Montana Code
Annotated, Commissioner Youngman and Commissioner Rudberg have examined the receipts
of Depository Bonds and Pledged Securities held by the Director of Finance as security for
City
funds deposited in Bozeman banks.
Commissioner Rudberg reported that the inventory of Depository Bonds and Pledged
Securities was found to be in order.
It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the
Commission approve the Pledged Securities as of June 30, 1996, listed as follows:
DEPOSITORY BONDS AND SECURITIES
JUNE 30, 1996
RATE MATURITY RECEIPT NO.
TOTAL AMOUNT
FIRST SECURITY BANK ~ Bozeman
. Federal Deposit Insurance Corporation
$
100.000.00
TOT AL - First Security Bank - Bozeman
$
100.000.00
AMERICAN BANK - Bozeman
Federal Deposit Insurance Corporation
$
1 00.000.00
Sub-total - FDIC
$
100,000.00
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Trusteed with American Bank, N.A.:
U.S. Treasury Note 6.00
08/31/1997 182005092
$ 1,000,000.00
Federal National Mortgage Association 8.65
02/10/1998 182007113
200,000.00
Federal National Mortgage Association 5.05
03/14/1997 182007114
500,000.00
. Federal Home Loan Bank
5.72 03/18/1998 182007117
500,000.00
Federal Home Loan Bank
5.69 03/25/1998 182007118
300,000.00
Federal Home Loan Mortgage Corp
5.36 03/28/1997 182007119
500.000.00
Sub-total - Trusteed bonds and securities
$ 3,000.000.00
TOT AL - American Bank - Bozeman
$ 3,100,000.00
This is to certify that we, the Commission of the City of Bozeman, in compliance with the
provisions of Section 7-6-207, M.C.A., have this day certified the receipts of the American
Bank, N.A., for the Depository Bonds held by the Director of Finance as security, for the
deposit for the City of Bozeman funds as of June 30, 1996, by the banks of Bozeman and
approve and accept the same.
DON E. STUECK, Mayor
. JOE N. FROST, Commissioner
JOAN M. RUDBERG, Commissioner
ALFRED M. STIFF, Commissioner
MARCIA B. YOUNGMAN, Commissioner
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Rudberg, Commissioner Stiff, Commissioner Frost and Mayor Stueck; those voting No, none.
Discussion - FYI Items
City Manager Wysocki presented to the Commission the following
"For Your
Information" items.
. (11 Letter from Robert G. Tudor, 515 Flathead Avenue, dated August 8, regarding
the City's budget for the upcoming fiscal year.
(2) Copy of the legislative issues
he had identified as a result of last week's meeting.
The City Manager asked that the Commissioners forward any revisions or comments as
soon as possible, since he will be attending a Legislative Committee meeting in Helena on
Wednesday.
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(3) Letter from Torlief S. Aasheim,
517 West Koch Street, dated August 9, thanking
the City crews for their efforts to address street problems near his home.
(4) Notice of the Public Involvement
Process Handbook, which is now available for
review from the Montana Department of Transportation.
. (5 ) Copy of the Transportation Projects
Status Update for August 1996, as
submitted by City Engineer Craig Brawner.
(6) Invitation from the Bozeman Area
Chamber of Commerce to participate in
"Operation Thank You!", which is scheduled from noon to 5:00 p.m. on Thursday, August 29.
(7) Copy of the Attorney General's
opinion regarding multi-jurisdictional library
service districts.
(8) Copy of the final report prepared
by the Bozeman City Government Study
Commission, adopted on August 13, 1996.
(9) Agenda for the County Commission
meeting to be held at 1 :30 p.m. on Tuesday,
August 20, at the Courthouse.
(10) Agenda for the Development Review
Committee meeting to be held at 10:00
. a.m. on Tuesday, August 20, in the Commission Room.
(11 ) Agenda for the City-County
Planning Board meeting to be held at 7:00 p.m. on
Tuesday, August 20, in the Commission Room.
( 12) The City Manager submitted
his weekly report, as follows. (1) Stated that the
City's tree trimming crews worked on South Grand Avenue last week. They also went to Mr.
McKay's house and trimmed the trees along the west side of the property. (2) Noted that
the
recent rains have helped to put out the fires in Gallatin County. (3) Met with staff extensively
this past week in preparation for today's Commission meeting.
(4) Met with staff and other
possible partners regarding a large composting program. (5) Reminded the Commissioners that
Interagency Breakfast is scheduled for 7:00 a.m. on Wednesday, August 21, at Bridger
. Bar-B-Q. (6) Announced that chip and seal street projects begin tomorrow, and should be
completed in approximately a week.
( 13) Commissioner Frost forwarded
his interest in the letter which the Commissioners
received about a skateboard park in Libby. He asked that this information be forwarded to
the
Recreation and Parks Advisory Board for consideration at their next meeting.
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Mayor Stueck responded that he
will forward the information to them, noting that the
next meeting will be held in September.
(14)
Commissioner Rudberg submitted the following. (1) Attended the Development
Review Committee meeting and the
Design Review Board meeting on Tuesday. (2) Attended
. the focus group meeting on schools and children. (3) Attended
the Board of Adjustment
meeting on Thursday.
(4) Noted that she and Commissioner Stiff attended the composting
meeting, at which financing of
the program was discussed.
(15)
Commissioner Stiff submitted the following. (1) Stated that he had planned to
attend the growth and planning
focus group meeting in Belgrade, but found the facility is not
wheelchair accessible. He stated
that he will be attending the economic development meeting
tomorrow evening. (2) Noted that
last week was a busy one, but others have already listed
the meetings which he attended.
(16)
City Attorney Luwe noted that the Attorney General's opinion which the
Commissioners have just received
is in response to a request he made nearly 1 % years ago.
He noted that, by statutory provisions,
the Attorney General is to respond within ninety days
. unless the issues are sufficiently complicated to require additional time. He stated that when
this request was submitted, the
Attorney General informed him that there were forty requests
ahead of it. He characterized this
as a typical representation of the amount of work piling up
in legal offices across the State.
( 17)
Mayor Stueck submitted the following. (1) Stated that he has received a letter
about a new experimental covering
for landfills, which is to be used in place of dirt. (2)
Distributed invitations to the
Commissioners to attend the grand opening of the Sacajawea
Middle School, scheduled for 1
:00 p.m. on Sunday, August 25.
( 18)
Mayor Stueck announced that Sarah Young, Downtown Bozeman Association,
has asked that any and all interested
Commissioners attend the DBA meeting scheduled for
. September 4, to participate in a question-and-answer session. He noted that she has also
requested a response on how many
Commissioners plan to attend the meeting.
Commissioner Rudberg and Commissioner
Stiff forwarded their willingness to attend the
meeting.
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Consent Items
City Manager Wysocki presented to the Commission the following Consent Items.
Approve naming of trail in Burke Park "The Wortman Trail" in honor of
former Parks Superintendent Dwain Wortman. per Recreation and Parks
Advisory Board recommendation
. Appoint Commissioner
Rudberg as Commissioner
liaison to the 9-1-1
Administrative Board
Authorize Mayor to sign - letter of support for Bozeman Interfaith Housina II
application for HOME arant monies
Authorize City Manager to sian - Change Order No.2 for Highland Boulevard
Reconstruction project - JTL Group. Inc.. Belgrade. Montana - add
$49.611.00 and 11 calendar days
Authorize City Manager to sian - Change Order No.3 for Hiahland Boulevard
Reconstruction proiect - JTL GrouP. Inc.. Belarade. Montana - add
$800.00 and 0 calendar days
Authorize City Manaaer to sign - Amendment No.2 to Professional Services
Agreement - Gaston Engineering and Surveyina. Bozeman. Montana -
Northwest Water Distribution System Improvements
Authorize City Manager to sign - Professional Services Aareement - DuBray Land
Services. Inc.. Billinas. Montana - acauisition of riaht-of-way for
construction of South 3rd Avenue widenina proiect
. Authorize City Manaaer to sian - Memorandum of Agreement - between City and
Montana Department of Transportation - safety projects at specified
intersections: subject to final approval by the City Attorney
Commission Resolution No. 3138 - amendina the cemetery fees charged for the
Sunset Hills Cemetery
COMMISSION RESOLUTION NO. 3138
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING THE CEMETERY FEES CHARGED FOR THE SUNSET
HILLS CEMETERY.
Authorize City Manaaer to sign - Change Order No.
1 for 1996 Street
Improvements. Schedule VI - JTL Group. Inc.. Belgrade. Montana - add
$2.961.25 and 0 calendar days
Claims
It was moved by Commissioner Frost, seconded by Commissioner Rudberg, that the
. Commission approve the Consent Items as listed, and authorize and direct the appropriate
persons to complete the necessary actions. The motion carried by the following Aye and No
vote: those voting Aye being Commissioner Frost, Commissioner Rudberg, Commissioner Stiff
and Mayor Stueck; those voting No, none.
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Recess - 3:55 p.m.
Mayor Stueck declared a recess at 3:55 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.
Public hearing - Reconsideration of Condition Nos. 12 and 15A for approval of creliminary plat
for Tract A. COS No. 1509. located in the SE%. Section 10. T2S. R5E. MPM - R.R. Nelson -
subdivide 28.0 acres into 64 lots. consisting of 62 townhouse lots. 1 multi-family lot and 1
commercial office (northwest corner of intersection of Fowler Avenue and US Highway 191)
(P-9504)
This was the time and place set for the public hearing on the request for reconsideration
of Condition Nos. 12 and 15A for approval of the preliminary plat for Tract A, cas No. 1509,
located in the southeast one-quarter of Section 10, Township 2 South, Range 5 East, Montana
Principal Meridian, to subdivide 28.0 acres into 64 lots, consisting of 62 townhouse lots, 1
. multi-family lot and 1 commercial office, as requested by R.R. Nelson. The project
is more
commonly identified as the Parkway Plaza Subdivision, and the subject parcel is more
commonly located at the northwest corner of the intersection of Fowler Avenue and US
Highway 191.
Mayor Stueck opened the pUblic hearing.
Assistant Planning Director Debbie Arkell distributed copies of a letter of opposition to
this application for reconsideration, as submitted by Brian Segal, Birdman Builders, on August
16, and then presented the staff report. She reminded the Commissioners that on July 1, they
voted to reconsider these conditions, after the City-County Planning Board had forwarded a
recommendation, due and proper notice had been given, and a public hearing held. She stated
. that the appropriate notice has been published in the Bozeman Daily Chronicle. notice has been
mailed to adjacent property owners, and a recommendation has been forwarded by the Planning
Board.
The Assistant Planning Director reviewed the two conditions which the applicant has
requested be eliminated, as follows:
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"12. The proposed signal at the intersection of Fowler Avenue and US 191
shall be designed by a Montana licensed engineer prior to final plat
approval.
15. Waiver of Right to Protest Creation of SIDs for completion of the
following improvements shall be required of the owner prior to final plat
approval:
. A. Signalization at Fowler Avenue
and US 191, for the
proportionate share of the cost of that improvement."
Assistant Planning Director Arkell noted that in a letter dated June 3, Rick Kerin, the
applicant's consulting engineer, forwarded the reasons why these two conditions should be
eliminated. She noted that a conversation with Rob Bukvich, local Montana Department of
Transportation office, confirmed that the MDoT does not anticipate signalization of the
intersection of Fowler Avenue and US Highway 191 in the near future and that, indeed, re-
engineering of the project would be required because of the time lapse if designing were
required at this time. She noted that PC Development has set aside funds to cover 50 percent
of the 1995 cost estimates for installation of the traffic signal at the intersection of Ferguson
Avenue and US Highway 191; Bozeman Athletic Club West has agreed to contribute
. approximately $25,000, or 25 percent of the 1995 cost estimates; and Planning staff has
suggested that $9,000 be deposited in this account in exchange for eliminating Condition No.
12 for the Parkway Plaza Subdivision. She noted that the estimated cost of meeting Condition
No. 12 was $8,960.
The Assistant Planning Director stated that, following its review of the request for
elimination of Condition No. 12, the Planning Board voted to recommend approval, contingent
upon the developer's contribution of $9,000 toward the signal at the intersection of Ferguson
Road and US Highway 191. She noted that both the draft minutes from
the Planning Board
meeting and her memo reflect that the vote was 9 to 0; however, she indicated that the vote
was actually 8 to 1.
Assistant Planning Director Arkell stated that the Planning Board reviewed the request
. to eliminate Condition No. 15A. She characterized this as a standard
condition for all
developments. She noted that, following its review of the request to eliminate this condition,
the Planning Board voted 8 to 1 to recommend that this condition not be eliminated or revised,
indicating that the minutes and her memo reflect an error in the recorded 9 to 0 vote on this
item.
08-19-96
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Mr. Joe Sabol, attorney representing the applicant, stated that the consulting engineer
had received a bid of $8,960 for design of the signalization of the intersection of Fowler
Avenue and US Highway 191. He noted that Mr. Nelson has indicated a willingness
to
contribute $9,000 toward the traffic signal at the intersection of Ferguson Road and US
. Highway 191 in exchange for the elimination of this condition because he recognizes that light
is imminent and he does not wish to "throw money down a rat hole", which is how he views
designing the signalization for Fowler and US 191.
Mr. Sabol stated that the final plat for the Parkway Plaza Subdivision was recorded last
week, and a bond was posted for the outstanding improvements. He noted that includes the
subject signal design, cautioning that the Commission may choose to either allow that bond
to sit for three years with no benefit gained or agree to the proposed revision.
Mr. Sabol noted that current information suggests the installation of a traffic signal at
the intersection of Fowler Avenue and US Highway 191 will be completed with public funds,
rather than through assessing private property owners. He suggested
that, in light of the
applicant's willingness to contribute toward the costs of installing the traffic signal at Ferguson
. Avenue and US 191, it seems appropriate to eliminate a requirement to participate in this
subject signalization as well. He then encouraged the Commissioners to eliminate the two
conditions, as requested, in exchange for a $9,000 contribution toward the Ferguson/US 191
traffic signal.
Mr. Bill Mitchell, Planning Board member, stated he voted against eliminating Condition
Nos. 12 and 15A. He forwarded the consensus of the Planning Board that Mr. Nelson may not
own the subject property when the conditions come due. He suggested that is not really the
question; however, he is concerned that the recommendation forwarded by the Planning Board
could result in double jeopardy by requiring contributions toward two traffic signals.
Since there were no Commissioner objections, Mayor Stueck closed the public hearing.
Commissioner Rudberg forwarded her support for elimination of both conditions, as
. requested by the applicant, with the proposed $9,000 contribution being accepted in lieu of
those conditions.
Responding to Commissioner Stiff, City Attorney Luwe stated that a waiver of right to
protest the creation of an SID is recorded and passes with the title of the land.
Commissioner Stiff indicated his support for eliminating Condition No. 12.
08-19-96
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Commissioner Frost noted that the security for improvements not yet installed has
already been posted. He suggested that accepting the Planning Board's recommendation could
result in a decrease in the amount of security needed. He then indicated he does not support
elimination of Condition No.
15A, particularly since it is a standard condition for all
. developments.
Mayor Stueck stated his support for applying $9,000 toward the traffic signal at
Ferguson Avenue rather than requiring design of a future signal at Fowler Avenue. He noted
that Mr. Nelson paved the entire width of the portion of Fowler Avenue for which he was
responsible, thus alleviating the City of its participating in the costs. He recognized
that this
has resulted in a savings to the community's taxpayers, although he noted the applicant
will
also benefit from those improvements.
He then indicated that the waiver requested in
Condition No. 15A does not necessarily mean that an SID will be created for the installation
of the traffic signal; rather, it simply means that the property owner or owners cannot
protest
its creation.
In response to questions from Mayor Stueck, the City Attorney confirmed that the
. signing of a waiver of right to protest the creation of an SID does not mean that one will
automatically be created. He noted that the boundaries of a potential SID have not yet been
drawn. He assured the Commission, however, that the subject property would be responsible
for only its prorata share of the costs.
It was moved by Commissioner Rudberg that the Commission approve the request for
elimination of Condition Nos. 12 and 15A for approval of the preliminary plat for Tract
A, cas
No. 1509, located in the southeast one-quarter of Section 10, Township 2 South, Range 5
East, Montana Principal Meridian, to subdivide 28.0 acres into 64 lots, consisting of 62
townhouse lots, 1 multi-family lot and 1 commercial office, as requested by R.R. Nelson,
subject to the following condition:
. 1. That the developer contribute $9,000
toward the installation of the traffic
signal at the intersection of Ferguson Road and US Highway 191, with
said monies to be deposited with the City upon the beginning of
installation or within nine months,
whichever occurs first.
The motion failed for lack of a second.
It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the
Commission approve the request for elimination of Condition No. 12, and not approve the
08-19-96
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request for elimination of Condition No. 15A for approval of the preliminary plat for Tract A,
cas No. 1509, located in the southeast one-quarter of Section 10, Township 2 South, Range
5 East, Montana Principal Meridian, to subdivide 28.0 acres into 64 lots, consisting of 62
townhouse lots, 1 multi-family lot and 1 commercial office, as requested by R.R. Nelson,
. subject to the following condition:
1. That the developer contribute $9,000
toward the installation of the traffic
signal at the intersection of Ferguson
Road and US Highway 191, with
said monies to be deposited with
the City upon the beginning of
installation or within nine months,
whichever occurs first.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Stiff, Commissioner Stiff and Mayor Stueck; those voting No being Commissioner Rudberg.
Public hearina - Commission Resolution No. 3128 - intent to annex Tracts A and B. cas No.
1872. and Tract 2. cas 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 public hearing on Commission Resolution No.
3128, as approved by the City Attorney, entitled:
.
COMMISSION RESOLUTION NO. 3128
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN,
THE INHABITANTS THEREOF AND THE INHABITANTS OF TRACTS OF LAND
CONTIGUOUS TO
SAID CITY OF
BOZEMAN, AND HEREIN MORE
PARTICULARL Y DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF
BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACTS WITHIN THE
CORPORATE LIMITS THEREOF.
Mayor Stueck opened the public hearing.
Assistant Planner Chris Saunders presented the staff report. He stated that the subject
135-acre parcel is located at the northwest corner of Ferguson Road and US Highway 191.
He noted that the property extends north to West Babcock Street extended and extends west
almost to Cottonwood Road. He reminded the Commission that the conditional use permit for
the Bozeman Athletic Club West was recently processed; and during that review, the Planning
. staff suggested that the applicant seek annexation.
The Assistant Planner stated that staff has reviewed this application in light of the eight
goals and twelve criteria contained in the City's annexation policy, as established under
Commission Resolution No. 2716; and the comprehensive findings are contained in the written
staff report. He summarized those findings, noting that it appears that Goal Nos. 3 and 7 and
08-19-96
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Policy Nos. 1, 7, 8 and 12 have been met; Goal Nos. 4, 5 and 6 and Policy No.1 0 are not
applicable; and Goal Nos. 1, 2 and 8 and Policy No. 11 have not been met. He noted that in
the information provided by the applicant, it appears the subject 125 acres may not be
developed for twenty years. He also noted that only a portion of the property is contained in
. the urban service boundary, as shown in the 1990 Bozeman Area Master Plan Update.
Mr. Joe Sabol, attorney representing the applicants, gave a brief history on the State
statutes governing annexations, noting there are five different options provided in the statutes.
He noted that he became involved in the hearings held during the 1973 legislative session on
the planned unit community development act, as contained in Title 7, Part 2, Chapter 42 of the
Montana Code Annotated. He reviewed the purposes of that act, which are to ensure that
annexations throughout the state are addressed on a just and equitable system; that continued
economic development is provided for by planning in advance; and that city services are
provided to ensure the health, safety and welfare of the public.
Mr. Sabol noted that in this instance, the property is in single ownership. He also noted
that, to his knowledge, no protests have been received. He further noted that this application
. meets the statutory requirements regarding annexations. He reminded the Commission that
this application has also been reviewed in light of the City's policy, and the findings have been
forwarded by Assistant Planner Saunders. He addressed those goals and policies which staff
has suggested are not met through this application. He noted that Goal
No. 1 encourages
smoothing of the city boundary. He stated that this property is not a sliver;
rather, its
east/west dimension is between 2,300 and 2,400 feet, and its north/south dimension is
between 2,500 and 2,600 feet. He noted that Goal No.2 pertains to traffic circulation. Under
this application, the community could benefit from potential extensions of Fallon Street, Ravalli
Street and West Babcock Street. He also suggested that, in conjunction with this
future
development, Ferguson Road could be upgraded. He recognized that immediate and steady
. development of newly annexed property is desired. He noted that this parcel could develop in
as little as five years although it could take as long as twenty years, depending on the market.
He reminded the Commission that one project has already been approved on this property, and
it will be constructed, with or without City sewer services.
Mr. Sabol recognized that the determination on whether to annex the subject 135 acres
will probably hinge on the sewerability of the property. He stated the applicants have proposed
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using the Far West Trunk (Valley Unit Trunk) because they believe there is adequate capacity
in that line; however, the City's Engineering Department and Director of Public Service have
forwarded their position that the property should be served by the Cottonwood Trunk, which
has not yet been constructed. He noted that the applicants retained Kerin
and Associates,
. consulting engineer, to monitor and analyze the flows in the Far West Trunk to determine
whether there would be adequate capacity to serve this property. He
noted that, after
monitoring the effluent in that trunk during different times of the day and different months of
the year, Mr. Kerin determined there was adequate capacity in the Far v:Jest Trunk.
Mr. Sabol noted that when the Far West Trunk was installed through a special
improvement district, a commitment was made to those participating in the SID that, in the
future others may connect to the trunk if there was excess capacity, and those individuals
would be required to contribute to the costs of the trunk through a payback arrangement. He
stated that the Valley Unit Subdivision is now almost fully developed, and a significant amount
of capacity remains in the line. He recognized that the capacity in this line could be used to
serve properties south of US Highway 191; however, he suggested that it could also be used
. to serve the subject 135-acre parcel, which is immediately west of Valley Unit Subdivision.
Mr. Sabol stated that the information contained in the analysis completed by Kerin and
Associates was forwarded to HKM Associates, for review and confirmation that the data was
accurate. He noted that Mr. Ray Armstrong, a former City of Bozeman employee and
registered professional engineer, reviewed that information and forwarded his response.
Mr. Joe Sabol noted that Valley Unit Subdivision has been developed at low densities,
even though the subdivision was designed and zoned to accommodate low, medium and high-
density development. He noted that the limiting factor in the sewer lines is the 18-inch line in
Durston Road, which can accommodate a flow of 2,000 gallons per minute.
He stated that
the current flow is 804 gallons per minute and the projected flow from the subject 135-acre
. parcel is 507 gallons per minute, for a total of 1,311 gallons per minutes. He noted that leaves
capacity for nearly 700 gallons more per minute, after this property is connected to the trunk.
Mr. Sabol stated that a conversation with City staff revealed that they also recognize
the Valley Unit Trunk line is not at capacity. He then questioned
why this property is to be
served by the Cottonwood Trunk, which does not yet exist, when it could be served by an
existing trunk line. He expressed concern that it does not make good economic sense
to
08-19-96
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construct a new trunk line, at considerable expense, when an existing trunk line in the
immediate area could serve the subject parcel.
Mr. Ray Armstrong, MSE-HKM Associates, stated that in December 1994, the draft
Wastewater Facilities Plan Update was submitted to City staff anQ the State for review, and
. he has just recently received comments back from both agencies. He noted that one of the
issues raised in those comments is the unused capacity in the Valley Unit Trunk, and the
possible expansion of "Zone 2", as identified on the map, to include a portion of the properties
in "Zone 1", which are to be served by the future Cottonwood Trunk. He recognized that the
properties to be served by the Cottonwood Trunk lie west and south of the properties to be
served by the Valley Unit Trunk, and the realignment of the zones has not been established or
the final map prepared.
Mr. Armstrong stated that when he prepared the draft Wastewater Facilities Plan
Update, he was not aware of the 1979 Facilities Plan. He noted that a review
of that plan
revealed that the Far West Trunk was anticipated to serve 1,400 acres. He stated that, even
if this trunk were used to serve the subject 135 acres, there would still be excess capacity that
. could serve other properties. He indicated that the bottleneck created by the 18-inch main
could be addressed either by expanding the line or adding a second line to accommodate the
overflow. He noted that the Cottonwood Trunk could help to make the sewer system a
redundant system in this area.
Mr. Joe Sabol stated that the upgrading of a sewer main makes more sense than
constructing a new one in this instance. He suggested that this application meets or exceeds
the requirements for annexation as imposed by the State, and the main question now is
whether the Commission feels the proposed annexation is in the best interests of the City. He
noted that the annexation policy assists the Commission in making that decision.
He noted
that one of the main outstanding issues is how City services, particularly sewer, will be
. eJ\tended to the subject property, and how that eJ\tension is to be funded.
Mr. Sabol suggested that this may be the first annexation to occur since the
implementation of impact fees. He suggested that the extension of water, sewer
and roads
may be more easily accomplished since impact fees will be assessed, although he recognizes
that development does not cover all of the expenses encountered by the community.
08-19-96
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Mr. Sabol stated the applicants are willing to accept Condition Nos. 1 through 7 for
approval of this annexation application, as recommended by staff. He stated, however, that
the applicant is concerned about Condition No.8, which requires that sanitary sewer service
be provided by constructing the trunk sewer planned for the subject property as shown in the
. draft Wastewater Facilities Plan. He stated that, since there is adequate capacity in the Far
West Trunk to serve this subject property, the applicants do not believe they should be required
to bear the costs of constructing the Cottonwood Trunk so this property can be developed.
He further noted that, until the facilities plan has been completed, the sewer trunk to serve the
subject property will not be known.
Responding to Commissioner Frost, Mr. Armstrong stated that the Wastewater Facilities
Plan Update should be completed by the end of the calendar year.
Responding to Commissioner Frost, City Attorney Luwe recognized that some of the
answers for providing sewer service to the subject site are missing at the present time.
He
noted, however, that the Commission's decision is based on whether they believe it is in the
best interests of the community to annex the subject property. He noted that if the
. Commissioners decide it is, then the applicants must enter into an Improvements Agreement
with the City. He suggested that the details can be addressed during that process, based on
the conditions of approval. He reminded the Commission that, until the Improvements
Agreement has been executed and the resolution of annexation adopted, this parcel will not be
annexed.
Responding to Mayor Stueck, the City Attorney stated that the conditions of approval
set by the Commission could impact how quickly the subject property is annexed. He noted
that the applicant has already indicated agreement with Condition Nos. 1 through 7, so those
issues can be quickly addressed. He noted, however, that if the applicants are required to build
the Cottonwood Trunk line under Condition No.8, it may take an extended period of time or
. it may not be possible to reach agreement. On the other hand. he indicated that if the
applicants are allowed to connect to the Far West Trunk, agreement could be reached quickly.
He cautioned that waiting for the final Wastewater Facilities Plan Update could cause a delay
of several months.
Responding to Commissioner Frost, Assistant Planner Chris Saunders stated that staff
supports the annexation. He stressed the staff prepared its report based on the information
08-19~96
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available, noting his surprise at learning during this public hearing that the zones on the sewer
map may be moving. He stated that the 1979 Facilities Plan, which was officially adopted, is
the current document under which the City is operating; and that plan shows the subject
property was not even considered in the sewer service area at that time. He noted that, with
. Condition No.8 as worded, staff was attempting to recognize the draft Wastewater Facilities
Plan Update and its provision of sewer services to the subject property, so it had a basis upon
which to recommend the extension of sewer services. He then suggested that Condition No.
8 could be reworded to read, "Prior to any development of the proposed annexation, provision
for the required sanitary sewer service shall be provided by constructing the trunk 'i sewer
planned for the subject property's drainage area as shown and described in the City's
wastewater planning documents~~~9qQ~~J:Q'ij~':!Q:[~,h~~iQ?I'~~gR~ij~:qq9Iinro~rn~." He suggested
that with these revisions, if the Far West Trunk is to be used, then only on~site connections will
be needed. He noted that if the Cottonwood Trunk is determined to be the best mechanism
for providing sewer service, this condition will still accommodate that option. He noted that,
under the current document, it was anticipated the Far West Trunk would serve properties to
. the south of Valley Unit Subdivision, rather than to the west. He noted, however, that the
Kerin and Associates study suggests the property lying between Ferguson Road and
Cottonwood Road be served by the Far West Trunk, which "changes the playing field
considerably. "
Responding to Commissioner Frost, Assistant Planner Saunders noted that impact fees
for wastewater are to be assessed at 35 percent of the costs; therefore, the City must find an
alternative revenue source for the remaining 65 percent of the cost. He cautioned that impact
fees may not be used for any upgrades to or maintenance of the existing system.
City Manager Wysocki forwarded his concern that HKM and Associates has done work
for this applicant while under contract with the City for the Wastewater Facilities Plan. He
. further expressed concern that new information is being forwarded in this public hearing, rather
than being discussed with staff. He also suggested it is not appropriate to revise Condition No.
8 during this meeting; rather, he feels staff should be given an opportunity to review the
information just submitted. He reminded the Commissioners that they recently approved the
connection of Kountz Mobile Home Park to the Far West Trunk line, which will impact the
available capacity for other properties, such as the one currently under consideration.
08.1 9~96
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Mr. Ray Armstrong responded that when Mr. Delaney approached him about looking at
the reserve capacity in the Valley Unit Trunk, he was concerned about a conflict of interest
and
contacted the City's Engineering staff.
He stated the staff indicated that, if it appeared the
request could be met without encountering a conflict, they saw no problem with his responding
. to Mr. Delaney. He emphasized that his testimony was neither in support of nor in opposition
to the requested annexation; it was simply to provide information. He noted discussions
with
staff revealed that the draft report was different from the 1979 Facilities Plan, which
he did
not know existed until that conversation. He stated that, after reviewing that report and
how
the land served by the trunk has been developed, he recognized that a portion of Zone 1
could
be served by the Far West Trunk. He also recognized that extending the Far West Trunk line
will be cheaper than construction of the Cottonwood Trunk.
He stressed that he has not
discussed his new findings with City staff, although he did inform the City Engineering
staff
that he would be in attendance at this meeting.
Commissioner Frost stated he feels City staff input is needed prior to the Commission
making a decision on this application.
. Responding to Mayor Stueck, Director of Public Service Phill Forbes stated that the
owner of the Kountz Mobile Home Park will be responsible for addressing a 300-foot section
of smaller sewer line in conjunction with its connection to the City's sewer system. He
noted
that line is not a part of the system that would serve the subject property. He then suggested
that, with the new information which has been forwarded at this hearing, both City staff
and
the Commissioners need time to review it prior to a decision being made.
Mayor Stueck stated he concurs with Commissioner Frost that the decision should be
delayed until after the City staff has had an opportunity to review the new information,
possibly
with HKM staff.
Commissioner Stiff forwarded his agreement, noting that the new information forwarded
. this evening is extremely technical and will require some time to review.
It was moved by Commissioner Frost, seconded by Commissioner Rudberg, that the
Commission continue the public hearing to the Commission meeting scheduled for 3:00 p.m.
on Monday, September 16, 1996. The
motion carried by the following Aye and No vote:
those voting Aye being Commissioner Frost, Commissioner Rudberg, Commissioner Stiff and
Mayor Stueck; those voting No, none.
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Public hearing - Commission Resolution No. 3129 - intent to annex three Darcels totallina
16.438 acres located alona the east side of South Rouse Avenue, at Mason, Accola and
Hoffman Streets extended
This was the time and place set for the public hearing on Commission Resolution No.
3129, as approved by the City Attorney, entitled:
.
COMMISSION RESOLUTION NO. 3129
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN,
THE INHABITANTS THEREOF AND THE INHABITANTS OF TRACTS OF LAND
CONTIGUOUS TO
SAID CITY OF BOZEMAN,
AND HEREIN MORE
PARTICULARL Y DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF
BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACTS WITHIN THE
CORPORATE LIMITS THEREOF.
Mayor Stueck opened the public hearing.
Assistant Planning Director Debbie Arkell presented the staff report.
She stated that
when Mr. Phillips approached the Planning staff about possible annexation of his 10-acre
parcel, staff encouraged him to talk to his neighbors to the north, to see if a larger parcel could
be annexed. As a result of Mr. Phillips' discussions with his neighbors, Mr. G.K. Reiser, who
owns 3.8 acres, and McRay Evans, who owns 1.9 acres, agreed to join him in this application.
. She noted that an additional 2.0 acres in that immediate area will become an island of
unannexed land, since the owner did not wish to participate in the annexation process. The
Assistant Planning Director noted, however, that last week, the Clerk of the Commission
received a letter from Mr. G.K. Reiser, dated August 10, withdrawing his application for
annexation. She recognized that this is the middle parcel; however, the two remaining parcels
continue to be contiguous to the city on two sides, so the annexation process may still move
forward.
The Assistant Planning Director stated that the property is zoned "R-S", Residential--
Suburban, Country Estates, and is bisected by Bozeman Creek. She indicated that there are
two homes on the Phillips parcel and one home on the Evans property at the present time. She
. noted the nearest water and sewer mains are located in Lincoln Street, which lies to the north,
and in South Rouse Avenue, which lies to the west. She reminded the Commission that in
September 1985, Mr. Evans sought annexation, however, he failed to execute the Annexation
Agreement; and the City Attorney determined in 1992 that sufficient time had elapsed to
simply continue with that process and required him to go through the annexation process once
again.
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Assistant Planning Director Arkell stated that staff has reviewed this application in light
of the eight goals and twelve criteria established in Commission Resolution No. 2716; and their
comprehensive findings are contained in the written staff report, which has previously been
submitted to the Commission. She noted that the subject property is essentially bounded by
. city limits on three sides, even though it is contiguous on only two sides. She
stated that,
while additional right-of-way for Lincoln Street would be obtained through this annexation, the
impacts of traffic from additional development in this area must be carefully considered. She
cautioned the Commission that there are no opportunities for east/west streets between South
Rouse Avenue and South Church Avenue because of existing development. She recognized
that Mr. Phillips owns property on South Rouse Avenue which could be used as a secondary
access; however, she cautioned that such a street extension could have a significant effect on
the existing developed neighborhood.
The Assistant Planning Director recognized that "R-S" is not an urban zoning
designation; however, she noted that no change in zoning has yet been sought. She suggested
that, given the physical constraints of the site, the existing "R-S" or possibly an "R-1" zone
. might be most appropriate.
The Assistant Planning Director noted that South Church Avenue provides the only
access to Mr. Phillips' property, although access to Mr. Evans' property could possibly be from
East Lincoln Street. She noted that, while water service could probably be extended to the site
without negative impact, there are significant problems with sewer capacity in that immediate
area. She cautioned that extensive studies will be required to determine if there is adequate
capacity to accommodate development of these subject parcels.
Assistant Planning Director Arkell stated that the Planning Office received a letter of
opposition to the annexation from Mr. Greg Morgan, attorney representing Mrs. Doris
Heckerman, who owns the property immediately to the south of the Phillips property.
Her
concerns include the possible effect that future development might have on the value and
. enjoyment of her property, floodplain, wetlands and access. She noted the letter further
expresses concern that development "to R-3 will substantially alter the single family residential
character of the neighborhood". She reminded the Commission that, while a zone map
amendment may be considered concurrently with an annexation request, no zone change has
been requested to date.
08-19-96
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The Assistant Planning Director stated that, as a result of staff's review of this
application, five conditions have been forwarded in the staff report for possible approval
of the
application. She noted that, subsequently, four additional conditions have been forwarded
in
a memo dated August 16, 1996.
. Mr. Mark Chandler, C&H Engineering and Surveying, representing Mr. Phillips, stated
that Mr. Phillips has met staff's requests, including an attempt to get a larger block of
land
annexed. He noted that Mr. Phillips has indicated an interest in providing a cross street
in the
southern part of his property, which should help some of the traffic patterns in the area.
He
also noted that acquisition of additional right-of-way across Mr. Evans' property for Lincoln
Street, which could eventually be extended from South Rouse Avenue to South Church
Avenue, provides another cross street.
Mr. Chandler stated that both Mr. Phillips and Mr. Evans have indicated their intent to
seek "R-3" zoning for their respective lots in the near future, at least for that portion
of their
properties lying west of Bozeman Creek, which will match that on properties lying to the
west
and north of the subject parcels. He stressed that the main access to the subject properties
. will be from South Rouse Avenue, with possibly secondary access from South Church Avenue.
He also noted that extending water and sewer services from the mains in South Rouse Avenue
is the most logical. He recognized that a study of the sewer lines would be required, to
ensure
adequate capacity to serve any development of these parcels.
Mr. Chandler characterized this request for annexation as a natural progression in the
growth of the city, noting there is no reason to retain a peninsula of unannexed land within
the
city limits. He concluded by encouraging the Commission to approve annexation of the subject
properties, subject to the conditions recommended by staff.
Mr. McRay Evans, owner of the 1.9 acres under consideration, stated that in 1977, he
applied for annexation, at which time he was told he could not build within 58 feet of the
creek, which took between one-half and three-fourths of the property. In light of those
. requirements. he did not continue to pursue annexation. When the new floodplain study was
completed, he found that he could build within 20 feet of the creek, so in 1984 he once
again
sought annexation and rezoning to "R-3". He noted that one of the conditions for annexation
was that he pay $4,000 cash-in-lieu of water rights or provide water rights to the City.
He
noted that he had water rights; however, when he was prepared to sign those water rights
over
08-19-96
- 29 -
to the City, Water Judge Lessley had died, and he was required to obtain a certificate from the
State. He indicated that, because of the time lapse, he was told that he must once again go
through the entire process.
Mr. Evans stated he is once again seeking annexation, characterizing the subject 2-acre
e parcel as his retirement. He indicated that "R-3" zoning is essential, since a four-plex is needed
to make development of the site economically feasible. He indicated
his interest in making
those four units affordable, noting that he also intends to construct his retirement home on that
property. He stated that water and sewer services are located approximately 20 feet from his
property, and a fire hydrant is located approximately 50 feet from his property line. He noted
that access would be from East Lincoln Street, which is adjacent to his property.
Mr. Bud Lilly, 2007 Sourdough Road, noted that in the presentation on the previous
agenda item, reference was made to the "highest and best use of the property to enhance
economics of the city and perpetuate the quality of life in the area". He characterized this as
a rare opportunity for the City to protect open space within the confines of the community.
He noted that Bozeman Creek has high quality water, and this is a vital riparian area.
He
. suggested that protecting this property from development will result in increased property
values in the immediate area which would far exceed the income derived by the City from
development of the subject properties. He encouraged the Commission to not allow
this
property to be developed.
Mr. Vince 8allotta, 1632 South Rouse Avenue, recognized that people have a right to
develop their property in certain ways. He expressed concern, however, about development
of the subject parcel. He stated that the removal of a house on South Rouse Avenue to
construct a street is inappropriate, particularly in light of where the house is located. He then
forwarded his adamant opposition to annexation at this time, and opposition to possible
rezoning of the property to "R-3".
. Mr. Ed Lozano, 1924 Sourdough Road, stated he is a microbiologist by profession, and
he is concerned about the subject area. He expressed concern that micro-organisms
not
common to the area can cause unanticipated problems. He also expressed concern about the
impacts which development of the subject property could have on the sewer system, which
is already overloaded in this area. He cautioned that if a sewer system is overloaded, it can
result in sewage backing up into houses. He encouraged the Commissioners
to carefully
08-19-96
- 30 -
consider the public health issues, cautioning that the existing problems with the sewer mains
in this area must be addressed before any more development is allowed to connect.
Mr. Matt Merrill, 2111 Sourdough Road, stated his opposition to the requested
annexation, particularly because of the shortfall in the existing sewer system which serves the
. area. He noted there are several sections of sewer lines in this area which are over capacity
and several other sections which are near capacity. He asked that the
Commissioners not
approve this annexation request, and ensure that the sewer problems in this area are
addressed.
Mr. Bill Phillips, applicant, stated he owns the subject ten acres. He characterized the
neighbors' opposition as natural, noting that his property serves as a park in their back yards.
He noted that the properties along the western boundary of his property are zoned "R-3";
which he feels would be an appropriate zoning for his property as well.
He assured the
Commission that if this property is developed, the last thing he would want is an unhealthy
sewer service. He noted that at the present time, he has no definite plans for development of
the subject property. He stated, however, that he has carefully listened to the Commission's
. comments about affordable housing, and may try to address that need in the future.
He
indicated that he has talked to the Gallatin Valley Land Trust about providing a trail along the
creek, possibly in a 1 OO-foot-wide easement which follows the creek, with the stipulation that
the subject easement not be built on. He suggested that a orie-acre park which
is accessed
from South Rouse Avenue could be considered, along with a trail system which allows people
to move between South Rouse Avenue and South Church Avenue. He indicated that this type
of development would serve as his retirement. He noted that the first step
in the process is
annexation. He concluded by encouraging Commission approval of this application.
Responding to Mayor Stueck, Assistant Planning Director Debbie Arkell stated that in
the annexation application, the applicant makes a brief mention that "R-3" development is what
. he anticipates; however. there is no request for specific zoning in this annexation application.
Mayor Stueck noted that, at the present time, the zoning is "R-S" and, until an
application to change the zoning is received and approved, it will remain in place.
Since there were no Commissioner objections, Mayor Stueck closed the public hearing.
Commissioner Rudberg recognized that the Commission is only addressing annexation
at this time; however, she indicated that she is concerned about the "R-3" type development
08-19-96
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which is contemplated. She also expressed concern about the possibility of tearing down an
existing house to construct a street to South Rouse Avenue, not just because of the impacts
on that parcel but because of the impacts on the entire neighborhood.
City Attorney Luwe reminded the Commission that the zoning on any property in the city
. may be changed at any time. He further cautioned that is an issue which will be addressed at
a later date, not at this time.
Commissioner Frost noted that, again and again, he has stated that he cannot support
any annexation on the south side of town, east of South Third Avenue, because of the sewer
problems in the area. He noted that the applicant's engineer has indicated the sewer main is
currently under capacity; however, he feels that the sewer issues must be addressed before
any additional development is allowed. He recognized that this property is privately owned and
that the City cannot afford to purchase it for open space. He expressed concern, however,
that if the subject property is annexed, it will be developed and the undeveloped parcel will be
lost.
Commissioner Stiff stated that staff's recommended conditions, including the four
. forwarded in the memo dated August 16, adequately address the concerns raised regarding
sewer and the transportation network. He indicated that, with those conditions, he can support
this request.
Mayor Stueck stated his basic concurrence with Commissioner Stiff. He stressed that
this land is privately owned and that it can be developed at the present time, without the
benefit of City services. He noted that, as a member of the City-County Board of Health, he
feels it is inappropriate to take action that could result in a septic system being installed
essentially in the middle of downtown Bozeman, along Bozeman Creek. He noted one of the
arguments is that it is more and more difficult to obtain a septic permit; however, he noted that
the State is still issuing those permits on a regular and frequent basis. He suggested that, as
. long as the applicants are aware of the traffic and sewer problems and as long as they are
willing to annex, he feels it is in everyone's best interests to do so.
Responding to Commissioner Frost, Assistant Planning Director Arkell stated that under
State statute, property located within 500 feet of existing City water and sewer services may
not be served by wells and septic systems. She cautioned, however, that this applies only if
the City has adequate capacity and will accept the property into the system.
08-19-96
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Further responding to Commissioner Frost, the Assistant Planning Director stated that
if this property were to develop outside city limits in the current "R~S" zoning, it would
probably be as a planned unit development.
It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the
. Commission authorize and direct staff to bring back a resolution of annexation upon execution
of the Annexation Agreement and satisfaction of the following conditions:
1. Each property owner shall provide
usable water rights or cash-in-lieu
thereof in an amount to be determined
by the Director of Public Service,
priorto final plat approval, final
site plan approval or the issuance of any
building permit, whichever occurs
first, for all land within the annexed
area;
2. The Annexation Agreement shall
include an executed waivers of right to
protest the creation of SIDs, which
shall specify that in the event SIDs
are not utilized for the completion
of these projects, each property owner
shall agree to participate in an
alternate financing method for completion
of said improvements on a fair
share, proportionate basis as determined
by square footage of the property,
linear front footage of the property,
taxable valuation of the property,
or combination thereof. The waivers
shall include the following:
a.
Street improvements to South Church Avenue, including
paving, curb/gutter, sidewalk and
storm drainage; and
. b.
Signalization of the intersection of South Church Avenue
and Kagy Boulevard;
3. A 10 Y2 -foot-wide strip along
the north property line of the McRay Evans
property shall be dedicated, by
easement, to the City for Lincoln Street
right-of-way;
4. All existing occupied structures
shall connect to City water and sewer as
soon as the infrastructure is in
place to serve the structure. At the time
of connection to City sewer, the
existing septic tanks and drainfields shall
be removed an/or pumped and filled;
5. The Annexation Agreement shall
specifically acknowledge that there are
significant problems with the sewer
capacity in this area; that it appears
there is not adequate capacity
in the existing sewer mains to serve the
property; and that development
of the vacant land will hinge on the
results of extensive studies which
will be required of the developer(s)
prior to development. The extension
of lines or construction of necessary
improvements will be at the developer's
expense;
. 6. The Annexation Agreement shall
specifically acknowledge that additional
traffic from development of the property will impact existing streets
in the
area, and that mitigation of those impacts must be addressed prior
to
development of the property;
7. The
Annexation Agreement shall
specifically acknowledge that
development of the property will
not be permitted until sewer and traffic
issues are adequately addressed,
regardless of the zoning designation;
8. Fire and Street Impact Fees for
the existing structure for the subject
properties shall be paid concurrently
with the annexation of the property.
08-19-96
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- 33 -
At the time the existing structures
apply for connection to the City's
water and sewer facilities, those
impact fees shall also become due. The
Annexation Agreement shall acknowledge
that any improvements, both
on- and off-site, necessary to
provide connection to the subject properties
which
are wholly attributable
to the property are project-related
improvements as defined in Chapter
3.24 of the Bozeman Municipal
Code; and
. 9. An annexation map must be submitted
by the applicants for use with the
Annexation Agreement. The map must be supplied on a mylar (either
24-
inch by 36-inch or 18-inch by 24~inch
formatl for City records, and on
either letter or legal size paper
for filing with the Annexation Agreement
at the Gallatin County Clerk and
Recorder's Office.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Rudberg, Commissioner Stiff and Mayor Stueck; those voting No being Commissioner Frost.
Break - 9:25 to 9:29 D.m.
Mayor Stueck declared a break from 9:25 p.m. to 9:29 p.m.
Public hearina - reauest to reinstate parking on the west side of South 11th Avenue between
West College Street and West Babcock Street
. This was the time and place set for the public hearing on the request for reinstatement
of the parking along the west side of South 11 th A venue between West College Street and
West Babcock Street.
Mayor Stueck opened the public hearing.
Ms. Connie McCormick, 1016 West Olive Street, noted that a couple of years ago, she
attended public hearings regarding the two proposed 12-plexes across the street from her
because of her concern about parking. She stated that during those public hearings, it was
suggested this development would not negatively impact the area because the off-street
parking requirements were met and parking was allowed on both sides of South 11 th Avenue.
She noted that, while the existing 12-plex was under construction, parking was removed from
the west side of South 11 th Avenue.
She stated that many people are unable to park near
. their homes because the parking has been removed from the west side of the street.
Ms. McCormick noted that the bicycle lane on South 11th Avenue is only two blocks
long, and estimated that probably twenty bicycles pass her home on a daily basis.
She
expressed concern about the safety of riding bicycles along this busy street, noting that
she
requires her two small children to ride on the sidewalk. She stated that, with the removal
of
08-19-96
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- - .__...__.u. ..u_.".___ _. ---- --..
- -34 -
parking on the west side of the street, the speed with which traffic moves has increased
dramatically.
Ms. McCormick noted that the luxury apartments in the new 12-plex typically house
three to four people each and most, if not all, own cars.
She stated that, because of the
. number of tenants and cars, there is not adequate off-street parking. She also noted that a
new business has recently been constructed at the corner of South 11 th Avenue and West
Babcock Street, and the employees and customers need a place to park.
She concluded by
stating her support for adding the parking back to the west side of South 11 th Avenue.
Mr. Russ Flattum, 315 South 11 th A venue, noted that the Commissioners have
previously received his written comments. He stated this is the third meeting he has attended
in support of reinstating the parking on the west side of South 11 th Avenue.
Mr. Robert Leigland, 1102 West Babcock Street, indicated his interest in seeing the
parking reinstated along the west side of South 11 th Avenue. He also forwarded ,his support
for finding a more compatible route for bicycles, on less traveled and less hazardous streets.
He suggested that, with the reinstatement of parking and reduced traffic speeds, the residential
. atmosphere of this street will be restored.
Mr. John Preston, member of the Bozeman Area Bicycle Advisory Board, stated he does
not know the history behind the removal of parking along the west side of South 11 th Avenue.
He noted that, with parking on only one side of the street, it is much easier and safer
for
bicyclists to use the street. He recognized that South 11 th Avenue may not be the best
street
for children on bicycles; however, he noted it is the main road to the University campus
and
many of the students ride bicycles.
.
Mr. Preston noted that a few months ago, the proposed bicycle lanes along arterial
streets were voted down by the Commission, mainly due to concerns about parking.
He
recognized that parking is a problem in the community, and questioned how an apartment
. complex could be approved without requiring adequate parking. He noted that people along
probably every street in the community could complain about traffic moving too fast,
suggesting that the City should address that issue.
Mr. Preston expressed concern that the reinstatement of parking on the west side of
South 11th Avenue will increase the danger encountered by bicyclists. He noted that, under
the current arrangement, bicyclists on both sides of the street have more room because the
08-1 9-96
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. 35 .
cars have room to move around them. He stated that the Board is working on alternative
bicycle routes, recognizing that those routes will not necessarily qualify for bicycle lanes. He
noted that the routes will be located on less crowded streets, and recognized there is no
guarantee that the routes will be approved.
. Mr. Preston asked the Commissioners to consider the message they will be giving if they
approve this request, eliminating one of the few designated bicycle lanes in the community.
He asked if the message is that bicycles are not viewed as a legitimate form of transportation.
He suggested that Bozeman should be dealing with its traffic problems by making alternatives
easier. He concluded by forwarding support for the current configuration on South 11th
Avenue.
Mr. Tom Riddle, President of Boz, Inc., and developer of The Pines apartment project,
stated that the off-street parking for this development meets City standards. He noted that,
by law, his property manager cannot limit how many people live in a unit or how many visitors
they have. He noted that he does police the parking lot and does ask people to move vehicles
which may be parked on the street in front of someone's home. He stated that
he built the
. units with gates onto South 11 th Avenue, in anticipation that people would be able to park on
the street; then the parking along the west side of the street was removed.
He expressed
concern about the speed with which vehicles travel along South 11 th Avenue, noting that the
hazard of crossing the street is compounded during the winter months.
He concluded by
encouraging the Commissioners to reinstate parking on the west side of South 11 th Avenue.
City Manager Wysocki entered into the record a memo from Director of Public Service
Phill Forbes, dated August 14, in which he identified the varying widths of South 11 th Avenue,
which range from 37 feet to 45 feet, and expressed his lack of support for reinstating parking
between West College and West Curtiss Streets.
Mayor Stueck asked Mr. Preston if bicyclists on a narrow street tend to slow traffic,
since it is more difficult for cars to get around them.
. Mr. Preston responded that, in some instances, that is possible. He noted that car doors
on parked vehicles can be very hazardous to bicyclists, stating that, as a seasoned cyclist, he
tends to stay further away from parked cars than many of the younger cyclists. He cautioned
that narrowing of the distance between moving vehicles and parked vehicles does not create
a safe situation.
08-19-96
- 36 -
Responding to additional questions from Mayor Stueck, Mr. Preston stated that how he
perceives the traffic determines how and where he rides. He stated that he feels safer when
more width is available.
Ms. Connie McCormick stated that, as a bicyclist, she travels on the quieter streets,
. where drivers tend to drive slower and move around bicycles as possible.
Mayor Stueck closed the public hearing.
Mayor Stueck stated he does not feel that parking should be reinstated in the block
between West Alderson Street and West College Street, although he feels it would be
appropriate to reinstate the parking between West Alderson Street and West Babcock Street.
He then forwarded his interest in ensuring an adequate "no parking" area be identified at each
intersection to provide a clear view, suggesting a minimum of one parking space.
Commissioner Frost forwarded his concerns about bicycles not only on South 11 th
Avenue, but throughout the community, recognizing that they have the right to move around
safely. He noted that, with parking on both sides of the street, particularly during the winter
months, the street is too narrow for bicycles and vehicles to safely share it. He recognized that
. there are speeding problems throughout the community and that additional police enforcement
is needed. He reminded the Commissioners that South 11th Avenue is a minor arterial street
which, it is anticipated, will handle greater volumes of traffic; and he is concerned that the
segment of South 11 th Avenue between West College Street and West Curtiss Street is too
narrow to accommodate parking on both s,ides of the street.
Commissioner Rudberg stated her support for returning parking to the west side of
South 11 th Avenue. She noted that the University is changing the orientation of the campus,
with the South 19th Avenue entrance becoming its main entrance. She noted that, when
driving on South 11 th Avenue, she has noticed that vehicles travel much faster than the speed
limit. She also noted that several of the homes do not have driveways; therefore, they must
park on the other side of the street. She forwarded her interest in seeing the curbs painted to
. prohibit parking a certain distance from the intersections to provide better visibility on the cross
streets.
Commissioner Stiff recognized that, with two parking lanes and two traveling lanes,
South 11th Avenue between West College Street and West Curtiss Street is "skinny". He
indicated support for Mayor Stueck's proposal that parking not be allowed on the west side of
08-19-96
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- 37 ~
the street between West College Street and West Alderson Street, thus alleviating problems
at the intersection of West College Street and South 11 th Avenue. He also concurred that the
curbs should be painted to prohibit parking at the intersections, at a distance which provides
a sight triangle which is as large as possible. He then asked if it would be beneficial to post
. "pavement narrows" signs, to alert drivers to the constriction ahead.
Director of Public Service Forbes stated that parking at intersections has been restricted
at the standard distance, with West Koch Street having a greater distance restricted because
it has been iden.tified as a high accident intersection. He then forwarded his belief
that
"pavement narrows" signs are not warranted, but he will review the issue.
Responding to Mayor Stueck, the Director of Public Service stated that South 11 th
Avenue between West Dickerson Street and West College Street lies within the MSU
Residential Parking District.
It was moved by Commissioner Stiff, seconded by Commissioner Rudberg, that parking
on the west side of South 11th Avenue between West Alderson Street and West Babcock
Street be reinstated. The motion carried by the following Aye and No vote: those voting Aye
. being Commissioner Stiff, Commissioner Rudberg and Mayor Stueck; those voting No being
Commissioner Frost.
Mayor Stueck asked that staff look at opening up of the intersections, to a minimum
distance of one car length or whatever distance is determined appropriate, with the curbs to
be appropriately painted.
Adjournment - 10:00 c.m.
There being no further business to come before the Commission at this time, it was
moved by Commissioner Frost, seconded by Commissioner Rudberg, that the meeting be
adjourned. The motion carried by the following Aye and No vote: those
voting Aye being
. Commissioner Frost, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those
voting No, none.
08~ 1 9-96
----:;---" -.
."'ji' - .~~- -.,,-,--- ~~ " , L
- 38 -
( Ocn-r L~~
DON E. STUECK, Mayor
. ATTEST:
~ J ~PI~~
ROBIN L. SULLIVAN
Clerk of the Commission
.
.
08-19-96