HomeMy WebLinkAbout1995-08-21 ccm
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
August 21, 1995
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. The Commission of the City of Bozeman met in regular session in the Commission
Room, Municipal Building, August 21, 1995, at 3:00 p.m. Present were Mayor Vincent,
Commissioner Stiff, Commissioner Stueck, Commissioner Frost, City Manager Wysocki, Staff
Attorney/Prosecutor Susan Wordal 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 - Auaust 7 and Auaust 14. 1995
Mayor Vincent deferred action on the minutes of the meetings of August 7 and
. August 14, 1995, until the September 5 meeting, to allow Commissioner Youngman an
opportunity to review them prior to action.
Preliminarv Dlat review - Willow Subdivision - allow subdivision of 10.126 acres located in the
NE%. Section 11. T2S. R5E. MPM. into 12 lots tor tour-Dlex residential develoDment. 36 tour-
Dlex townhouse lots and 1 Dark site - Dave Crotts tor Jessie Margaret Kunda (north side of
West Babcock Street. west of Hunters Wav) (P-9532)
This was the time and place set for the review of the preliminary plat for Willow
Subdivision, as requested by Dave Crofts for Jessie Margaret Kunda, under Application No.
P-9532, to allow subdivision of 10.126 acres located in the Northeast one-quarter of Section
11, Township 2 South, Range 5 East, Montana Principal Meridian, into 12 lots for four-plex
residential development, 36 four-plex townhouse lots and 1 park site. The subject site is more
. commonly located along the north side of West Babcock Street, immediately west of Westgate
Subdivision.
Planning Director Andy Epple presented the staff report. He stated that the subject
10.123-acre parcel, which is currently vacant, is to be subdivided into lots for 84 dwelling
units, with a combination ot tour-plex units and four-plex townhouse units. The access to this
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subdivision is to be from West Babcock Street, via Michael Grove Avenue; and West
Mendenhall Street is to be extended from its current terminus in Westgate Subdivision to the
west boundary of this subdivision.
The Planning Director stated that under this application, a 15,500-square-foot
. parkland dedication is to be provided at the northeast corner of the subdivision. In addition,
the applicant proposes to pay a $100-per-lot cash-in-lieu of parkland dedication payment, for
a total of $8,400.
Planning Director Epple noted that water and sewer services as well as street
extensions will be required prior to construction of residences. The irrigation
ditch which
currently traverses the property, and serves only this parcel, is to be abandoned under this
application.
The Planning Director entered into the record the letter from the applicant's consulting
engineer, dated August 17, in which two issues were forwarded for consideration. The first
item pertains to the required looping of the water line; and the second item pertains to cutting
of a new street to accommodate extension of water and sewer mains. He noted that the water
. and sewer lines end in Hunters Way, rather than being extended to the west property line, as
is typically required of developers. The Planning Director stated that under the City's policy,
a new street may not be cut for seven years. Under this policy, West Mendenhall Street could
not be cut from Hunters Way to its current terminus to connect to the City sewer services; and
Commission waiving of that policy is required if the mains are to be extended to this
subdivision. He suggested that, given the circumstances and the fact that the cut would be
lengthwise rather than a lateral cut, this waiving of the policy would be appropriate.
The Planning Director stated that the applicant has indicated the water line in
Westgate Subdivision was not looped, but stops in a dead-end situation in Hunters Way. The
applicant has also expressed concern about extending the water main to Durston Road to
provide a looped system, across property which is not his and which is not currently within the
. city limits. He is proposing, instead, to install a hydrant at the north end of the subdivision, to
allow for blowing down of the system to avoid stagnant water, if that becomes necessary. The
Planning Director noted that under the City's policy, no dead-end water main over 250 feet is
allowed; and this subdivision would require a 480-foot line.
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Planning Director Epple stated that the City-County Planning Board conducted its
public hearing on this application at its August 1, 1995, meeting. At that
time, they carefully
considered the staff report, taking into consideration the five primary
criteria set forth in the
Montana Code Annotated.
Following their review and public hearing, the Planning Board
. recognized this as a credible subdivision application which carries out the panern of medium-
density residential development in the area, and forwarded its recommendation
for approval,
subject to 34 conditions. He noted that under those conditions, the parkland
is to be relocated
to the northwest corner of the site, where it can possibly be expanded
in the future through
parkland dedications for the adajcent properties.
Responding to Commissioner Frost, the Planning Director estimated the distance to
Durston Road from the northern boundary of this parcel at 1,000 to 1,200
feet.
Responding to several questions from Commissioner Stueck, the Planning Director
stated that the water line cannot be tied back into the north end of Westgate
Subdivision
without going onto a third party's property.
He then indicated that the 250-foot maximum
length of a water line is a policy set by the Water Department. He noted
that the maximum
. length of a cul-de-sac street is 500 feet; and by looping of the water
line through an easement,
often located between lots, the water line can be extended the full length
of that street.
Mr. Dave Crawford, Thomas, Dean and Hoskins, consulting engineer, addressed the
issue of looping the water main. He noted that water mains need to be extended
within street
rights-of-way; and the next street right-of-way is Villard Street, which
is a substantial distance
north of the subject parcel. He cautioned that one of the major problems
with the northward
extension of the water main is that no plans for future development of
that parcel have been
prepared to date; and the extension of the water main will essentially
determine the location
of the street alignment.
Mr. Crawford noted that all but the northernmost three lots could be served by a 250-
foot water line, which is allowable under the City's policy.
He suggested that, from a
. reasonableness standpoint, it seems most appropriate to allow the extension of the water line
to the northern boundary of the parcel; however, it could also be possible
to phase
development of the site, with the three northernmost lots and the parkland
being developed in
the second phase. He stated that the proposed water line extension meets
the standards of
environmental quality. He emphasized the fact that the 480-foot dead-end
water line would
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be temporary in nature, with the necessary looping being provided as the
property to the north
develops. He then encouraged the Commission to approve the request for
cutting of the street
to extend the sewer main through West Mendenhall Street to the subject
parcel.
Mr. Dave Crawford noted that the units within this subdivision will be
1,150 to 1,450
. square feet in size, with garages and nice yards. The units are designed to be affordable,
ranging in the mid-$80,000's. He stated that Mr. Crofts has recently completed
eight projects
in which the homes have ranged from $89,000 to $95,000, thus demonstrating
that
development of affordable homes is possible.
Responding to Commissioner Stueck, Mr. Dave Crawford recognized that the
Human
Resource Development Council was required to extend the water line for
its development from
its property to Durston Road, with those connecting to the line later being
required to pay
HRDC back for a prorata share. He noted, however, that in that instance,
the line would be
extended along the North 25th Avenue right-of-way, which was already a
dedicated right-of-
way.
Respondingto Commissioner Frost, Mr. Crawford stated this application was
reviewed
. by the Development Review Committee. He noted that the policy limiting
the length of water
lines to 250 feet is an unwritten policy. He recognized the importance
of looping water lines
whenever possible; however, in this instance, he feels it would be appropriate
to allow for a
temporary dead-end water line.
Responding to questions from Mr. Crawford, Planning Director Epple stated
that
during review of the Westgate Subdivision, it was anticipated that the
property immediately to
the north would also be developed within a relatively short period of time.
He noted that, on
that basis, staff and the Commission were able to support the fact that
the water line in that
subdivision was a long dead-end line, on an interim basis.
Responding to Commissioner Stueck, Mr. Crawford noted that the Babcock
Meadows
Subdivision contains a permanent 400 or 450-foot-long water line which
serves twelve lots.
. He then stated that conversations with people in the State offices revealed
that if this type of
line were being proposed for a small community with a very slow growth
rate, problems might
be encountered.
They noted, however, that with the rapid growth rate that Bozeman is
encountering, the installation of a dead-end water line is not so critical
because it is anticipated
that within a short period of time, the desired looping of the water line
will be accomplished.
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Commissioner Stueck suggested the possibility of allowing the dead-end
water line
to be installed with the requirement that a looped water line be provided within a certain period
of time.
Planning Director Epple stated that is a possibility, noting that such
a requirement may
. have been included in approval of the Westgate Subdivision. He noted that in that instance the
property to the north is already annexed, with a reasonable assurance that it will be developed
within the next few years. He stated that the major concern about the current dead-end water
line in Westgate Subdivision is the fact that it is 1,600 feet long.
Responding to questions from City Manager Wysocki, Mr. Crawford stated
that the
proposed parkland is to be relocated to the northwest corner of the subdivision, so lots back
up to each other at the north end of the site. He stated that if the lots in Westgate Subdivision
are already developed, it would be extremely difficult to try to obtain an easement for extension
of a water line back to the main in Hunters Way to provide looping of the water systems.
Responding to Mayor Vincent, Planning Director Epple stated that the distance
between West Babcock Street and West Mendenhall Street is 780 feet.
. Mayor Vincent expressed concern about such a long block, with no deterrents
to
gaining speed. He also registered his concern about the fact that the parkland is to be located
at the northwest corner of the subdivision, which is roughly a quarter mile from the south end
of the subdivision.
The City Manager noted that long blocks are consistently the pattern in
this area,
particularly from North 19th Avenue west.
The Planning Director reiterated that the Recreation and Parks Advisory
Board
recommendation is for the park to be located in the northwest corner of the subdivision, to
allow for potential expansion of the park area with the development of adjacent properties.
During discussion about whether to allow a long dead-end water line in
this
subdivision for a specific period of time, or until the property to the north develops, periods of
. time stretching from three years, as suggested by some of the Commissioners, to 11 Y2 years,
as suggested by the applicant's representative, were discussed. Also, during that discussion,
Planning Director Epple proposed that seven years might be an appropriate length of time,
particularly in light of the fact that the property to the north is not currently annexed.
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City Manager Wysocki stated he has no problem with requiring the applicant
to sign
a waiver of right to protest the creation of an SID for extending the water
main at a specific
time in the future, if the property to the north has not yet been developed.
He cautioned,
however, that under the City's SID policy, the use of SID's would not be
allowed for the
. installation of any of the other infrastructure improvements. He reminded the Commission that
in the past, the developer has been required to install the water and sewer
services; and an SID
has been allowed for pavement of the street, if requested by the property
owner(s). He also
cautioned that if the time period is very long, the applicant will have
completed the
development and will no longer be involved in ownership of any of the property
that would be
affected by the waiver.
Responding to questions from the City Manager, the Commissioners concurred
that
the proposal to dedicate a 15,500-square-foot parkland area and to pay
$8,400 in cash-in-lieu
monies is acceptable. They also concurred that the applicant should be
allowed to cut West
Mendenhall Street to extend the sewer main from Hunters Way to the subject
property.
Due to questions about the length of time that should be allowed for looping
of the
. water main, and to allow the staff an opportunity to research the conditions
attached to
approval of the preliminary plat for Westgate Subdivision and draft revised
language for
Condition No.9, it was moved by Commissioner Stiff, seconded by Commissioner
Stueck, that
the Commission table action on this item until later in the afternoon session.
The motion
carried by the following Aye and No Vote:
those voting Aye being Commissioner Stiff,
Commissioner Stueck, Commissioner Frost and Mayor Vincent; those voting
No, none.
Discussion - determination to imDlement elements of housina policy throuah
zone code
revisions DreDared by consultant
Neighborhood Coordinator/Grantsperson James Goehrung reminded the Commission
that at last week's meeting, they discussed implementation of the recommendations
from the
. housing task force and the revisions to the zone code which have been identified
in the
affordable housing policy adopted last year to encourage more affordable housing in the
community. He noted that it is clear, based on the current workload, that
staff will probably
be unable to complete the proposed revisions during this calendar year;
and some of the
Commissioners have indicated their interest in implementing those revisions
this fall. He stated
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that, to accomplish the changes within the time line set, an outside consultant is needed; and
the attendant issue is how that consultant is to be funded.
City Manager Wysocki suggested that Community Housing Fund monies could
be
used to fund the consultant, since it was established to create new low- and moderate-income
. housing units. Another option would be using monies from the CDSG Revolving Loan Fund.
A third option would be to pursue a grant, probably from the State, with the intent that what
is developed would serve as a model for other communities. He then recommended that, if it
appears this item will end in a tie vote today, it would be most appropriate to table the decision
for a period of two weeks, so Commissioner Youngman will be present as well.
Responding to Mayor Vincent, Neighborhood Coordinator/Grantsperson James
Goehrung stated that initial research has revealed that monies for discretionary studies are
essentially non-existent. He noted, however, that the grant application could be written from
an economic development standpoint, based on businesses not locating in a community
because of a shortage of affordable housing.
Responding to questions from Commissioner Stiff, the City Manager suggested
that
. the cost of the study cannot be estimated until after the selection process for a consultant has
been started and the proposals received. He suggested that the selection process be started
as quickly as possible, so that some of the questions arising can be answered.
Commissioner Stueck stated that he is willing to pursue a grant to fund
the
consultant's work; however, he does not support the use of Community Housing Fund monies
for the project.
Commissioner Stiff stated he is not prepared to change his position on
this issue;
however, he feels that funding of a consultant through a grant would be acceptable.
It was moved by Commissioner Frost that the Commission authorize and direct
staff
to begin the request for qualifications process for a consultant and, in the meantime, further
research the three funding options identified by the City Manager. The motion failed for lack
. of a second.
It was moved by Commissioner Frost, seconded by Commissioner Stueck, that
the
Commission table action on this item for a period of two weeks, so a full Commission is
present. The motion carried by the following Aye and No vote:
those voting Aye being
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Commissioner Frost, Commissioner Stueck, Commissioner Stiff and Mayor Vincent;
those
voting No, none.
Ordinance No. 1406 - amendina ChaDters 18.04. 18.42. 1850. 18.51. 18.52,
18.53. 18.54.
18.56. 18.58. 18.62 and 18.65 of Bozeman MuniciDal Code. to incorporate
comDrehensive
. zone code amendments
Previously distributed to the Commissioners were copies of Ordinance No.
1406, as
approved by the City Attorney, entitled:
ORDINANCE NO. 1406
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN.
MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE. AS
AMENDED BY ORDINANCE NO. 1374. WHICH ORDINANCE IS NOT
CURRENTL Y
CODIFIED IN THE BOZEMAN MUNICIPAL CODE.
BE
AMENDED BY REVISING SECTIONS 18.04.010. 18.04.520, 18.42.010.
18.42.020. 18.42.030. 18.42.040. 18.42.050, 18.42.060. 18.42.070.
18.42.080, 18.42.100, 18.43.020. 18.43.030. 18.43.040. 18.43.050.
18.43.060. 18.43.070. 18.43.080. 18.43.090, 18.50.100, 18.50.120.
18.51.010. 18.51.020. 18.52.010. 18.52.020, 18.52.030. 18.52.050.
18.52.060. 18.52.080, 18.53.010, 18.53.020. 18.53.030, 18.53.040.
18.53.050. 18.54.030, 18.54.040. 18.54.050. 18.54.060. 18.54.070.
18.54.080. 18.54.090, 18.54.100, 18.56.030. 18.56.090, 18.58.010.
18.58.020, 18.58.050, 18.58.090, 18.62.020. 18.62.090. 18.62.010,
. 18.65.030. 18.65.040. TABLE 18.65.050.B, TABLE 18.65.050.C AND
SECTION 18.65.080. AND BY ADDING NEW SECTIONS TO BE NUMBERED
AS SECTIONS 18.04.035. 18.04.515, 18.42.090 AND 18.52.055 OF
SAID CODE;
PROVIDING FOR
REVISIONS TO DEFINITIONS;
NEIGHBORHOOD CONSERVATION DISTRICT; ENTRYWAY OVERLAY
DISTRICT; GENERAL BUILDING AND DEVELOPMENT STANDARDS;
DESIGN REVIEW BOARD (DRB) AND DEVELOPMENT REVIEW COMMITTEE
(DRC); PLAN REVIEW AND APPROVAL; CONDITIONAL USE PERMIT;
PLANNED UNIT DEVELOPMENT; VARIANCE AND ADMINISTRATIVE
INTERPRETATION APPEALS PROCEDURES; PLAN APPEALS PROCEDURE;
ADMINISTRATION. PERMITS AND FEES; AND THE BOZEMAN AREA SIGN
CODE.
City Manager Wysocki noted that, submitted to the Clerk of the Commission
just prior
to the meeting was a letter from Jennifer Smith Mitchell and William G.
Mitchell, dated August
18, forwarding several proposed revisions to the ordinance. He stated that,
apparently, copies
of this information had also been distributed to the Commissioners; however,
neither he nor
Planning Director Epple were provided with copies.
He then suggested that if the
. Commissioners wish to consider the information contained in the letter, they may wish to delay
final adoption of the ordinance for a period of two weeks.
Commissioner Stueck asked that the Planning Director's review of this letter
be placed
on next week's work session agenda.
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It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the
Commission table action on this item for two weeks, to allow time to review the contents of
the letter just received. The motion carried by the following Aye and No Vote: those voting
Aye being Commissioner Stueck, Commissioner Frost, Commissioner Stiff and Mayor Vincent;
. those voting No. none.
Discussion - FYI Items
City Manager Wysocki presented to the Commission the following "For Your
Information" items.
(1 ) Letter from Stephan G. Custer, 511 West Spring Creek Drive, dated August
13, regarding long-range planning.
The City Manager asked that Clerk of the Commission Sullivan forward a copy of this
letter to the County Commissioners.
(2) Letter from Alec Hansen, Executive Director of the Montana League of Cities
and Towns, forwarding the tentative agenda for the League Convention to be held in Billings
. on October 4-6, 1995.
The City Manager asked that the Commissioners review the tentative agenda and
indicate to the Clerk of the Commission whether or not they wish to attend.
(3) Copy of an article regarding an old article being run recently soliciting
business cards.
(4) Letter from Claudine Eckes, 2201 Maplewood Street, dated August 17,
expressing concern about the lack of a traffic signal at the intersection of North 19th Avenue
and Durston Road.
(5) Letter from Michael E. Torgerson, 503 Sheridan Avenue, dated August 16,
regarding a traffic signal at the intersection of North 19th Avenue and Durston Road.
(6) Copies of two letters from Shirley E. and Walter L. Thompson, 519 North
. 20th Avenue, dated August 16, one regarding the lack of a traffic signal at the intersection of
North 19th Avenue and Durston Road and the other regarding removal of the temporary
barricade on North 20th Avenue.
(7) Letter from Bob Heath, 1620 South Willson Avenue, encouraging traffic
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control at the intersection of North 19th Avenue and Durston Road, possibly in the form of a
four-way stop.
(8) Letter from Marian Sheehan, 403 North 18th Avenue, dated August 17,
asking that a traffic signal or four-way stop be installed at the intersection of North 19th
. Avenue and Durston Road.
(9) Letter from Robin Thomas and Bruce Grubbs, 322 North 22nd Avenue,
dated August 17, requesting permission to close the street from 6:00 p.m. to 9:00 p.m. on
Thursday, August 24, for a block party.
(10) Agenda for the Development Review Committee meeting to be held at 10:00
a.m. on Tuesday, August 22, in the Commission Room.
(11 ) Agenda for the Design Review Board meeting to be held at 3:30 p.m.
on
Tuesday, August 22, in the Commission Room.
( 12) Minutes from the regular Highway Commission meeting held on June
22,
and telephone meetings held on June 30, July 11 and August 7, 1995.
( 13) Agenda for the County Commission meeting to be held at 1 :30 p.m.
on
. Tuesday, August 22, at the Courthouse.
(14) Copy of the Public Meeting Draft of the Urban Renewal Plan, as prepared
by the Urban Renewal Study Committee.
(15) The City Manager submitted his weekly report, as follows.
(1) Reminded
the Commission that North 19th Avenue is under the State Department of Transportation;
therefore, the installation of a traffic signal at its intersection with Durston Road must meet
warrants and be approved by the State. He then stated that conversations
with Director of
Public Service Forbes revealed that the speed limit on North 19th Avenue from West Main
Street to Durston Road will be set at 25 miles per hour; and the speed limit on Durston Road
will remain at 25 miles per hour. He indicated that staff is checking the traffic counts on those
roadways and how lack of the Oak Street extension from North 19th Avenue to North 7th
. Avenue might impact the computer projections on the subject intersection. He noted that the
estimated cost of installing a traffic signal is $200,000.
He reminded the Commission that,
after October 1, local governments may determine that traffic control devices may be installed,
provided certain warrants are met. (2) Noted that a number of street projects are currently in
progress, resulting in some frustration to the public who are trying to move around the
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community. (3) Announced that striping of crosswalks and installation
of signs for school
zones are near completion, in preparation for the new school year.
(4) Stated that the
development of an interlocal agreement and by-laws for the central dispatch center are nearing
completion. He noted that a joint resolution must be adopted by the City Commission and the
. County Commission to create the central dispatch center, in addition to approval of the
agreement and by-laws.
( 16) Commissioner
Stueck stated that he attended the welcoming ceremonies
for the Thunderbirds, on behalf of the Commission.
( 17) Staff
Attorney/Prosecutor Susan Wordal stated that the Attorney's office
is preparing a response to the declaratory judgment action filed by Jim Goetz on behalf of
Patricia Carlson. She briefly highlighted the timeline for this action, noting that arguments are
set for September 1 before Judge Olson.
(18) Mayor
Vincent stated that, while in Fort Collins last week, he learned that
all full-time police officers are issued a vehicle, which they are allowed to use within city limits
during off-duty hours. This policy allows for a greater police presence on the streets, which
. helps to deter offenders.
The City Manager noted that this practice is followed in other communities
as well.
He stated that one advantage to this process is the fact that the vehicles are better maintained
when issued to an individual than when a vehicle is used by several officers.
He noted,
however, that one major disadvantage is the capital investment required to get into such a
program.
Consent Items
City Manager Wysocki presented to the Commission the following Consent
Items.
Authorize City Manager to sign - Lease Aareement for oDeration and
maintenance
of the
Bozeman Ponds between
Montana
Department
of Fish. Wildlife and Parks and the City of Bozeman
. Authorize City Manager to sian - Riaht-of-Way Easement - Montana Power
COmDany - east/west alley in Block D.
Beall's Second Addition
(between
North Black Avenue and North Tracy Avenue. East Beall
Street
and East Villard Street)
Authorize City Manaaer to sian - Amendment No.2 to Professional Services
Aareement
for South
19th AvenuelWest College
Street
signalization
Droject - Marvin and Associates
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Authorize City Manaaer to sian - Amendment No.1 to Professional Services
Agreement
for IightinQ change-outs in City Hall ComDlex - Energy
Resource
Management. Inc.
Authorize City Manager to sign - Amendment No.1 to Professional Services
Aareement
for enerav imorovements at Waste Water Treatment
Plant
- Enerav Resource Management. Inc.
. Authorize Mayor to sign - Memorandum of Agreement between the City and
the Montana State University Deoartment
of Civil Engineering - to
conduct MSU Darkina and community transit
study under arant
from
the Montana State Deoartment of Natural Resources and
Conservation
Building InsDection Division reDort for July 1995
Claims
It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that
the
Commission approve the Consent Items as listed, and authorize and direct
the appropriate
persons to complete the necessary actions. The motion carried by the following
Aye and No
vote: those voting Aye being Commissioner Stiff, Commissioner Stueck, Commissioner
Frost
and Mayor Vincent; those voting No, none.
. Preliminary Dlat review (continued) - Willow Subdivision - allow subdivision of 1 0.126 acres
located in the NE%.. Section 11. T2S. R5E. MPM. into 12 lots for four-olex
residential
develooment. 36 four-olex townhouse lots and 1 Dark site . Dave Crofts
for Jessie Maraaret
Kunda (north side of West Babcock Street. west of Hunters Way) (P-9532)
It was moved by Commissioner Stueck, seconded by Commissioner Frost, that
the
Commission remove this item from the table. The motion carried by the following
Aye and No
vote: those voting Aye being Commissioner Stueck, Commissioner Frost, Commissioner
Stiff
and Mayor Vincent; those voting No, none.
Planning Director Andy Epple stated that his review of the conditions for
approval of
the Westgate Subdivision, approved by the City Commission on March 29,
1993 revealed the
following condition:
3. That
the property owners of record file with the Clerk and
Recorder
a waiver of right to protest creation of an SID for future
. water
line improvements to complete a looped water line from the
terminus of the 8-inch water line at
the north boundary of
Westgate Subdivision to connect with
the water line in Durston
Road,
prior to final plat approval, with the stipulation that the
water
line must be extended to provide a looped system within
ten
years from the date of final plat approval;
City Manager Wysocki stated that, from a brief review of the record, it
appears the
developer was allowed ten years under the waiver plus about 1 Yz years
for completion of the
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process for creation of a special improvement district to fund the installation
of the looped
water line if it had not been completed by that date.
He noted that totals the 11 Y2 years
referenced by the developer's engineer.
He then suggested that the Commission consider
allowing this applicant seven years for looping of the water line, recognizing
that it will take an
. additional 1 to 1 Y, years to create a special improvement district for the installation if it is not
completed by that time.
It was moved by Commissioner Frost, seconded by Commissioner Stiff, that
the
Commission approve the preliminary plat for Willow Subdivision, as requested
by Dave Crofts
for Jessie Margaret Kunda, under Application No. P-9532, to allow subdivision
of 10.126 acres
located in the Northeast one-quarter of Section 11, Township 2 South, Range
5 East, Montana
Principal Meridian, into 12 lots for four-plex residential development,
36 four-plex townhouse
lots and 1 park site, subject to the following conditions:
1. That
the final plat shall conform to the Uniform Standards for Final
Subdivision
Plats, contain all appropriate certificates, and be
accompanied
by all appropriate documents, including a platting
certificate.
A certificate of installation of improvements shall be
included,
and corrections shall be made to the certificate of
. dedication,
the certificate of Director of Public Service, and the
certificate of County Treasurer.
2. The
following notes shall be added to the plat:
a.
Due to the relatively high groundwater table within the
subdivision, it is not recommended that residences with
full or daylight basements be constructed.
b.
Land use shall be restricted to not more than multi-
family four-plex dwelling units only on Lots 1-6, Blocks
1 and 2; and, to townhouse four-plexes only on Lots
7(A-D), Blocks 1 and 2, and Lots 1-3(A-D), Block 3, and
Lots 1-4(A-D), Block 4.
3. The
County Weed Control Officer shall approve a weed control
plan
for the subdivision, and a signed copy of the plan be
submitted
to the Planning Office prior to final plat approval.
4. The
property owners shall provide and file with the County Clerk
and
Recorder's Office an executed waiver of right to protest
creation
of SID's. The Waivers shall specify that in the event
. SID's
are not utilized for the completion of these projects, the
applicant 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. Said Waiver shall include
the
following improvements:
a.
Street improvements to Babcock Road, including paving,
curb/gutter, sidewalk, and storm drainage.
08-21-95
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b.
Street improvements to Fowler Road, including paving,
curb/gutter, sidewalk, and storm drainage, Durston to
Babcock.
c.
Signalization improvements to Main and Fowler.
d.
Park maintenance and/or improvement district(s).
. Said
waivers shall be a covenant running with the land and shall
not expire.
5. West
Mendenhall Street right-of-way shall begin the transition to
the
south necessary to connect to existing right-of-way in
Pleasant
Valley Subdivision.
6. All
dead end roads shall end in a temporary turnaround. A City-
standard
turnaround shall be provided at the northern terminus of
Michael
Grove Avenue. If the turnarounds are not located on the
subject
property, easements for the temporary turnarounds shall
be
recorded prior to approval of the infrastructure plans and
specifications.
The cul-de-sac shall have a minimum diameter of
70
feet.
7. A
1-foot no access strip shall be dedicated across both lots
fronting
on West Babcock Street. This no access provision would
apply
to any redevelopment of the eastern lot (Lot 1, Block 2).
8. Sidewalks
across all non-privately owned street frontages and the
lot
with the existing house shall be constructed by the developer
. at
initial construction (if sidewalk construction is being delayed).
Any deviation from the standard location
shall be approved by the
City Engineer.
Sidewalks shall be constructed by lot owners
within
three (3) years regardless of whether other improvements
have
been made to the lot(s).
9. Maximum
allowable length of dead-end water main to the north
from
Mendenhall Street is 250 feet or approximately to the north
property
line of the second lot. To extend beyond this point, the
property
owners of record must, prior to final plat approval, file
with
the Clerk and Recorder a waiver of right to protest creation
of
an SID for future water line improvements to complete a looped
water
line from the terminus of the 8-inch water line at the north
boundary
of Westgate Subdivision, or to connect with a water line
to
the north. Said waiver shall stipulate that this property
represents
the total boundaries of the SID and shall further
stipulate
that the water line must be extended to provide a looped
system
within seven years from the date of final plat approval. An
alternate
design, as proposed by an engineer licensed in the State
of
Montana, subject to approval by the City Engineer and the
Department
of Health and Environmental Science,
may be
considered.
. 10. An
8-inch sanitary sewer shall be extended to the west boundary
of
this development on Mendenhall. The Commission grants a
variance
from the adopted City policy which prohibits the cutting
of
the newly-paved West Mendenhall Street, to allow for
connection
of the sewer main for this subdivision to the existing
sewer
main in Westgate Subdivision (which lies to the east of this
subdivision).
An adequate (30-foot) utility easement must be
provided
for any off-site utility extension(s). An alternate design,
08-21-95
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as
proposed by an engineer licensed in the State of Montana,
subject
to approval by the City Engineer and the Department of
Health
and Environmental Science, may be considered.
11. All
dedicated public streets shall be of standard residential street
design.
This would include sidewalk installation on both sides of
all
streets.
. 12. All
applicable regulatory and street marker signs and dead-end
markers shall be installed by the developer
and in accordance with
City standards. The stop sign shall
be installed on Michael Grove
Avenue
at the intersection of West Babcock Street.
13. A
dead-end barricade shall be installed at the west end of West
Mendenhall
Street in accordance with City standards and at the
owner(s)
expense.
14. The
final plat shall show fire hydrant spacing and location that
conforms
the City standards and shall be approved by the Fire
Department.
15. The
land proposed to be dedicated for parkland and the detention
pond
shall be moved to the northwest corner (Lot 4, Block 3) so
that
it could be added to other park land as property north and
west
is developed in the future.
16. Park
area shall have all fencing material, construction debris, and
other
trash removed. Area shall be leveled and any disturbed
areas
reseeded, as to allow mowing with turf type mowers. All
. survey
property pins on the park boundary shall be delineated with
flat flexible fiberglass posts * a minimum
of 6 feet in length with
no less than 2 feet driven into the
ground. Each post shall be
labeled
with a permanent glue on sign * * stating Park boundary.
*
Posts shall be equivalent to CARSONITE type -6 feet long by 3
inches
wide, white or brown in color. * *Sign shall be permanent
glue
on outdoor type approximately 2 3/4-inch by 14-inch stating
PARK
BOUNDARY or PROPERTY BOUNDARY.
17. In
accordance with the subdivision regulations, the applicant shall
cause
to be established the fair market value of the remaining
amount
of land that would have been dedicated to establish the
minimum
cash acceptable in lieu of land dedication. If the
minimum
is less than the proposed amount of $100.00 per
dwelling
unit or $8,400.00,
then the applicant shall pay
$8,400.00
cash-in-lieu for the remaining park land dedication.
18. The
property is subject to payback to the Main Mall (sewer and
water),
and SID No. 622 (water). This fee shall be submitted
prior
to final plat approval.
19. Water,
sewer, and storm sewer shall be stubbed to the peripheral
. property
lines to accommodate future extensions.
20. A
Stormwater Drainage/Treatment Grading Plan and Maintenance
Plan
for a system designed to remove solids, silt, oils, grease, and
other
pollutants must be provided to and approved by the City
Engineer.
The plan must demonstrate adequate site drainage
(including
sufficient spot
elevations), storm water
detention/retentio
n basin details (including basin sizing and
discharge
calculations, and
discharge structure details),
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stormwater
discharge destinations, and stormwater maintenance
plan.
The stormwater drainage/treatment facilities must include
a
maintenance plan outlining in detail maintenance operations,
frequency
of inspections and maintenance, responsible parties and
record
keeping methodology.
21. Written
permission from the existing owner(s) of ditches to be
abandoned
or relocated shall be obtained prior to final plat
. approval.
22. The outfall for the storm drainage detention
pond to an existing
ditch
is subject to further review by the Engineering Office, and
approval
by the ditch owner(s) as necessary.
23. If
the retention pond and discharge course is located off the
subject
property, a stormwater easement shall be established on
the
adjacent property and filed with the County Clerk and
Recorder's
Office. An alternate design, as proposed by an
engineer
licensed in the state of Montana and approved by the
City
Engineer and the Department of Health & Environmental
Science,
may be considered.
24. A
minimum 20-foot ditch maintenance easement shall be provided
along
the irrigation ditch. The 20-foot utility easement along the
west
property line shall be a 20-foot ditch and utility easement.
25. Adequate
and appropriate utility easements shall be shown on
each
lot on the final plat. A 15-foot utility easement shall be
provided
along the east lot line of all the lots in Blocks 2 and 4.
. A
10-foot easement shall be provided along the north lot line of
Lots 7 in Blocks 1 and 2.
26. Block
numbers shall be used.
27. A
digital copy of the final plat, on a double sided, high-density
3
% -inch floppy disk, must be submitted with the final plat
application.
28. If
construction activities related to the project results in the
disturbance
of more than 5
acres of natural ground, an
erosion/sediment
control plan may be required. The Montana
Department
of Health and Environmental Sciences, Water Quality
Bureau
shall be contacted by the applicant, to determine if a
Storm
Water Discharge Permit is necessary. If required by the
Water
Quality Bureau, an erosion/sediment control plan shall be
prepared
for disturbed areas of 5 acres or less if the point of
discharge
is less than 100 feet from State Waters.
29. Approval
from the
Subdivision Program of
the Montana
Department
of Health and Environmental Sciences Water Quality
. Bureau
must occur prior to final plat approval, pursuant to Section
16.16.101 through 16.16.805, ARM.
30. Preliminary
plat approval does not exempt the developer from
impact
fees established at a later date which are based on final
plat
approval or building permit approval. Final plat approval(s)
shall
be subject to any impact fees which are implemented prior
to
said final plat approval. Development of individual lots shall be
subject
to any
impact fees applicable to
building permit
applications
implemented prior to building permit approval.
08-21-95
-.---.--. -.-
- 17 -
31. That
the developer shall have three years from the date of
preliminary
plat approval to complete the above conditions and
apply
for final plat approval of all phases of the subdivision.
32. Plans
and specifications for any water, sewer and/or storm sewer
main
extensions, and public or private streets (including curb,
gutter
and sidewalks) prepared by a Professional Engineer (PE)
licensed
in the State of Montana shall be provided to and
. approved
by the City Engineer. Water and sewer plans shall also
be
approved by the Montana
Department of
Health and
Environmental
Sciences. The
applicant shall also provide
professional
engineering services for construction inspection, post-
construction
certification, and
preparation of mylar
record
drawings.
Specific comments regarding the existing and proposed
infrastructure
shall be provided at that time. Construction shall
not
be initiated on the public infrastructure improvements until the
plans
and specifications
have been approved
and a
preconstruction
conference has been conducted. No building
permits
will be issued prior to City acceptance of the water and
sewer
improvements.
33. All
infrastructure improvements including 1) water and sewer main
extensions,
and 2) public and private streets including curb/gutter,
sidewalks,
and storm drainage infrastructure improvements shall
be
financially guaranteed or constructed prior to occupancy. No
building
permits will be issued prior to completion and acceptance
of
the water and sewer improvements.
34. If
it is the developer's intent to file the plat prior to the completion
. of
all required improvements, and Improvements Agreement shall
be entered into with the City of Bozeman
guaranteeing the
completion of all improvements in accordance
with the preliminary
plat
submittal information and conditions of approval. If the final
plat
is filed prior to the installation of all improvements, the
developer
shall supply the City of Bozeman with an acceptable
method
of security equal to 150 percent of the cost of the
remaining
improvements.
The motion carried by the following Aye and No vote: those voting Aye being
Commissioner
Frost, Commissioner Stiff, Commissioner Stueck and Mayor Vincent; those
voting No, none.
Recess - 4:25 D.m.
Mayor Vincent declared a recess at 4:25 p.m., to reconvene at 7:00 p.m.,
for the
purpose of conducting the scheduled public hearings.
. Reconvene - 7:00 D.m.
Mayor Vincent reconvened the meeting at 7:00 p.m., for the purpose of conducting
the scheduled public hearings.
08-21-95
- 18 -
Public hearing - aoolication for Home Investment Partnershio Proaram (HOME)
Grant monies ~
for Bozeman Interfaith Housina II oroiect. Phase I - construction of affordable
aDsrtments
This was the time and place set for the public hearing on the submittal
of the
application for Home Investment Partnership Program (HOME) Grant monies
for Bozeman
Interfaith Housing II project, Phase I, for construction of affordable
apartments.
. City Manager
Wysocki submitted a memo from Neighborhood Coordinator/
Grantsperson James Goehrung, dated August 21, stating that Bozeman Interfaith
Housing has
been unable to identify a specific parcel upon which to construct the proposed
apartment
project; therefore, it is unable to meet the application deadline.
He then asked that the
Commission acknowledge receipt of this memo and vote to not adopt Commission
Resolution
No. 3074, as approved by the City Attorney, entitled:
COMMISSION RESOLUTION NO. 3074
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AUTHORIZING SUBMITTAL OF AN APPLICATION TO THE
MONT ANA DEPARTMENT OF COMMERCE FOR A HOME INVESTMENT
PARTNERSHIP PROGRAM (HOME) GRANT ON BEHALF OF BOZEMAN
INTERFAITH HOUSING.
It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that
the
. Commission not adopt Commission Resolution No. 3074. The motion carried by the following
Aye and No Vote:
those voting Aye being Commissioner Stiff, Commissioner Stueck,
Commissioner Frost and Mayor Vincent; those voting No, none.
Public hearing - Tentative ADDrODriation Ordinance for Fiscal Year 1995-1996
This was the time and place set for the public hearing on the Tentative
Appropriation
Ordinance for Fiscal Year 1995-1996, as approved by the City Attorney,
entitled:
ORDINANCE NO.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, APPROPRIATING CITY FUNDS FOR VARIOUS BUDGET UNIT
EXPENDITURES, AND FURTHER APPROPRIATING REVENUE NECESSARY
TO OPERATE
AND MAINTAIN
CITY SERVICES FOR
SALARIES,
. OPERATIONS AND CAPITAL FOR EACH OPERATIONAL BUDGET UNIT OF
MUNICIPAL GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30,
1996.
Mayor Vincent opened the public hearing.
The Mayor noted that the Commission has conducted several work sessions
on the
300 + pages contained in the City Manager's recommendations over the past
few weeks. He
08-21-95
- 19 -
then noted that this is the time set for receiving public input on the proposed budget for Fiscal
Year 1995-1996 and, after taking this input into consideration, the Commission will makes its
final decision on the budget at the September 5 meeting.
City Manager Wysocki noted that the Commission has made some adjustments
to his
. recommendations; and a page outlining those changes has been prepared. He then briefly
highlighted the totals for the various funds in the proposed budget, as follows:
General Fund $
7,895,768.
Special Revenue Funds
5,997,067.
Debt Service Funds
1,305,000.
Capital Projects
5,000,000.
Water Fund
3,313,361.
Wastewater Fund
2,184,291.
Solid Waste Fund
3,286,908.
Internal Service Funds
1,350,229.
Trust and Agency Funds
18.000.
TOTAL
$ 30.350.624.
The City Manager stated that the total under his recommendations was $29,466,267;
and a majority of the difference between that and the tentative appropriation ordinance is the
inclusion of monies for expansion of the Swim Center; monies for a long-range planner; monies
. to fund the impact fee studies; and monies for the expansion of the Landfill, based on actual
bids recently received.
The City Manager stated that monies are being taken from the reserves to
fund a
portion of this year's budget; however, that will not drain the reserves to a dangerously low
level. He then noted that last year's budget was roughly $20,000,000; or $10,000,000 less
than this year's. He highlighted the major reasons for that change, including the $5,000,000
general obligation bond issue for transportation projects, which was approved in November, the
$2,000,000 expansion of the landfill, and appropriation of the $1,500,000 in special projects
monies.
Mrs. Joan Rudberg, 803 North 17th Avenue, stated that she attended all
of the work
sessions on the budget and has carefully reviewed the City Manager's recommendations. She
. then forwarded comments on four specific areas in that budget. She noted that the affordable
housing task force, on which she served, forwarded a recommendation that the Commission
establish a revolving loan fund, to be initially funded through a $100,000 contribution from the
City. She expressed concern about the Commission's current consideration
of using
approximately $25,000 or possibly more from that fund, which the
task force had
08-21-95
----.----. ----- - - .--.--..- - - --- ---
- 20-
recommended be used for no-interest loans to promote the construction of affordable housing
units, to fund the costs of a consultant to prepare proposed zone code revisions to implement
some of the regulatory reforms which were also recommended by the task force.
She
encouraged the Commission to reject this proposal, and seek other funding.
. Mrs. Rudberg turned her attention to the $75,000 budgeted for construction of a cul-
de-sac on North 20th Avenue at the south side of West Beall Street. She suggested that these
monies should be reappropriated toward a traffic signal at the intersection of North 19th
Avenue and Durston Road, which would provide a greater community benefit. She noted that,
since these monies are from the special projects fund, which is the Valley Unit monies, this
seems to be a very appropriate move. She also suggested that if this reappropriation does not
generate sufficient monies to cover the costs of the traffic signal, which the Montana
Department of Transportation has suggested to her could be installed for $50,000, then
possibly some of the monies earmarked for improvements to Griffin Drive could be moved to
this project. The next item she addressed was the area of planning. She noted that the budget
already contains a 1.2 person increase for the Planning Department; and she does not believe
. that adding another position for long-range planning is appropriate. She suggested
that by
realigning the priorities of the planning and zoning functions, the staff time needed for long-
range planning functions would actually be provided.
Mrs. Rudberg addressed the $100,000 which has been earmarked for preliminary
work on Sourdough Dam, and the proposal to divert a portion of those monies toward
educating people on how to conserve water. She cautioned that the Sourdough Dam project
is a seven- to ten-year project; and it is important to begin that process before the water from
the dam is needed. She also noted that a concerted effort must be made toward establishing
a new impoundment facility, to ensure that the City's impounded water rights are not lost. She
stated that only those people interested in conserving water will benefit from a water
conservation education program; and suggested, rather, that establishing specific days and
. times for watering is a much more effective method of conserving water, and is one more
widely observed throughout the community.
Mr. Michael Torgerson, 503 Sheridan Avenue, expressed concern about the lack of
a traffic signal at the new North 19th Avenue/Durston Road intersection. He noted that with
164 new apartments to be constructed at the intersection of North 22nd Avenue and Durston
08-21-95
- 21 -
Road and an additional 69 condominiums on Durston Road at North 24th Avenue, plus
development of two recently-approved subdivisions, the amount of traffic using Durston Road
will be further increased. He noted that at the present time, it takes him approximately
20
minutes to get from his home to his place of employment on North 7th Avenue; and if traffic
. on Durston Road is required to stop until a break in traffic on North 19th Avenue occurs, that
time could be substantially lengthened. He expressed concern about the safety of children
crossing at this intersection, as well as the safety of drivers going through that intersection as
people become impatient with waiting for an opportunity to cross the road.
Ms. Karen Monts, 307 North 18th Avenue, stated she is one of the two crossing
guards who will assist children in crossing North 19th Avenue at Durston Road. She stated
that 30 to 40 children must cross through that intersection every day; and she is very
concerned about their safety as well as her own. She noted that
with the 25 mile-per-hour
speed limit on Durston Road, traffic often moves at 30 to 40 miles per hour; and she is
concerned that traffic on North 19th Avenue will be traveling even faster.
Mr. Denbigh Starkey, 17500 Timberline Creek Drive, member of the board for the
. Swim Team, forwarded the board's support for expansion of the Swim Center. He noted that
the facility is used extensively by members of the community; and the expansion will allow for
better administrative facilities as well as improved changing rooms.
Mr. Dean Mikkelson, Principal of Emily Dickinson school, stated he has been involved
in the education system for many years, and has served as crossing guard at various times.
He noted that with the existing "T" intersection and stop sign on North 19th Avenue, natural
breaks in the traffic have occurred during which the children can be safely escorted across the
street. He expressed concern that with traffic coming off the interstate and onto North 19th
Avenue, the speeds will be quite high; and natural breaks in traffic will not occur.
He also
noted that people driving to the school will probably find alternative routes, using residential
streets, to reach the school rather than going through the subject intersection.
. Ms. Anne Foster, 4938 Itana Circle, stated she is the other crossing guard at North
19th Avenue and Durston. She stated that last year, at that intersection, she was involved in
an incident where she was required to pull a child from a bicycle to avoid having either of them
being hit by a car. She expressed concern that with the opening of the northward extension
08-21-95
__n_._n.._..._ _ ---..-..--
--., ...-.
- 22 -
of North 19th Avenue and no traffic signal, those incidents will be greater in number and
severity.
Mr. Jim Cannata, 608 West Babcock Street, questioned whether a traffic
signal at
North 19th Avenue and Durston Road will provide as much benefit as people anticipate. He
. then forwarded his position that government is growing too fast, particularly in view of the
substantial increase reflected in this budget. He noted that many people currently live on the
streets in Bozeman because they cannot afford the housing costs; and increases like this could
cause even more to live on the street. He stated that he has lived in
Bozeman for twenty
years; and this is the first time he has been so concerned that he felt it necessary to attend a
Commission meeting.
Ms. Yogi Khalsa, 1207 South Rouse Avenue, stated she does not agree with
the
proposed tax increase. She noted the number of people who are moving outside the city limits
because they cannot afford the taxes inside the city limits. She suggested that the Commission
consider annexing properties around the city to increase the tax base, rather than increasing
taxes. She expressed concern that wages in the community do not increase as rapidly as the
. taxes rise.
Mrs. Ruth Steele, 513 North 4th Avenue, stated she feels the crossing guards
do
have something to worry about. She noted that a recent article in the Billings Gazette revealed
that a crossing guard who had been trying to get a traffic signal at an intersection for an
extended period of time was killed at that intersection. She stated that the North 19th Avenue
roadway is elevated above the Durston Road alignment, which decreases visibility at that
intersection; and North 19th Avenue curves just north of Durston Road, further inhibiting
visibility. She also noted that many students who live west of North 19th Avenue
will be
crossing that roadway to attend the middle school and the high school.
She stated that
merging traffic and school buses should also be taken into consideration when reviewing this
intersection.
. Ms. Gretchen Rupp, 221 Lindley Place, spoke on behalf of the Bozeman Creek/Mount
Ellis Study Committee. She noted that group is comprised of many different interests, and has
met on a regular basis over the past several years to consider items which will impact that area.
She stated that, as a result of those meetings, she has requested, and the City Manager has
agreed, to dedicate an upcoming work session to long-term water planning for the community.
08-21-95
- 23 -
She suggested that a meeting, with water experts in attendance, could be
very beneficial, and
could result in enacting efficiency measures rather than developing a new
dam with all of its
attendant costs. She encouraged the Commission to use a portion of the
$100,000 which has
been included in the budget for geotechnical studies for promoting efficiency
measures and
. other alternatives instead. Ms. Rupp concluded by stating that she is not opposed to
construction of a new dam, particularly since she is a civil engineer;
however, she feels that
alternatives are available at the present time.
Mrs. Anne Banks, 7 Hill Street, member of the Recreation and Parks Advisory
Board,
stated her support for including expansion of the Swim Center in the budget
for this fiscal year.
She noted the public health and safety issues involved with the current
facility, particularly in
the changing rooms. She stated that the staff, which currently operates
in a very small area,
has been efficient despite their surroundings; however, she feels they
should be provided the
type of administrative offices that are desirable and lead to better efficiency.
Mr. Ken Lane, 905 Woodland Drive, stated concurrence with the comments
which
have been previously forwarded about the need for a traffic signal at the
intersection of North
. 19th Avenue and Durston Road, particularly to ensure pedestrian safety.
He also noted that
traffic control devices are designed to provide for the efficient movement
of traffic, and
suggested that the road configuration and traffic signal should include
left turn lanes and
arrows to facilitate that movement.
Mr. Brian Leland, 528 North Bozeman Avenue, noted that over the past few
years,
nearly every development proposal that has been submitted to the Commission
has been
approved with the anticipation that the expanded tax base will pay for
infrastructure
improvements.
He noted that the $10 million increase in this year's budget, attributable in
large part to infrastructure improvements, reflects the fact that development
does not pay its
own way.
He suggested that, through the implementation of impact fees, the costs
. encountered by the general taxpayer in the community could be alleviated
in the future.
Responding to Commissioner Stueck, Administrative Services Director Gamradt stated
that a previous Commission had appropriated the monies for the cul-de-sac
on North 20th
Avenue; and this Commission may reappropriate those monies if it so desires.
The following letters were entered into the record: a letter from Maurie
Magee, 318
North 20th Avenue, encouraging the installation of a traffic signal at
North 19th Avenue and
08-21-95
--- --.--..---
- 24-
Durston Road; a letter from Leslie C. Farris, 309 East Cleveland Street,
encouraging the
Commissioners to pursue water conservation measures rather than construction
of a new dam;
and a letter from the Greater Yellowstone Coalition also encouraging that
alternatives to
construction of a new dam be pursued.
. Mayor Vincent closed the public hearing.
The City Manager reminded the Commission that the appropriation ordinance will be
placed on the September 5 agenda for final adoption.
Public hearina - Commission Resolution No. 3073 - intent to increase revenues
from ad valorem
taxes for Fiscal Year 1995-1996
This was the time and place set for the public hearing on Commission Resolution
No.
3073, as approved by the City Attorney, entitled:
COMMISSION RESOLUTION NO. 3073
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOlEMAN,
MONTANA, STATING THE CITY'S INTENT TO BUDGET AN INCREASED
AMOUNT OF AD VALOREM TAX REVENUE FOR FISCAL YEAR 1995-1996.
. Mayor Vincent opened the public hearing.
The Mayor stated that the testimony received during the previous pUblic hearing,
pertaining to the increase in revenues from property taxes for this fiscal
year, will be considered
a part of the record for this public hearing as well.
No one else spoke in support of or in opposition to the City's intent to
budget an
increased amount of revenue from property taxes for this fiscal year.
Mayor Vincent closed the public hearing.
The City Manager stated that the resolution setting the mill levy for this
fiscal year
will be placed on the September 5 agenda for action.
Break - 7:50 to 7:58 D.m.
. Mayor Vincent declared a break from 7:50 p.m. to 7:58 p.m., in accordance
with
Commission policy established at their regular meeting of March 14, 1983.
Public hearing - ProDosed Ordinance No. 1405 - deannexation of east block
face of 600 block
of South 15th Avenue from the MSU Residential Parkina District
This was the time and place set for the public hearing on the proposed
Ordinance No.
08-21-95
_____ __.m .__ _______.____.._._
- 25 -
1405, as approved by the City Attorney, entitled:
ORDINANCE NO. 1405
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING THE BOZEMAN MUNICIPAL CODE BY AMENDING
SECTION 10.32.395.A, PERTAINING TO THE AREA DESIGNATED AS THE
MSU RESIDENTIAL DISTRICT TO REDUCE THE AREA TO BE INCLUDED
. WITHIN SAID DISTRICT PURSUANT TO SECTION 10.32.395.M OF THE
BOZEMAN MUNICIPAL CODE, WHICH CREATES THE PROCEDURE FOR
REVISING THE BOUNDARIES OF AN ESTABLISHED RESIDENTIAL ON-
STREET PARKING PERMIT REGULATION PROGRAM.
Mayor Vincent opened the public hearing.
Assistant City Manager Ron Brey presented the staff report. He stated that
under this
proposed ordinance, the east side of the 600 block of South 15th Avenue, which is located in
the extreme northwest corner of the parking district, is to be removed from the parking district.
He noted that, since several irregularities already exist in that portion of the district boundary,
staff has not identified any negative impacts from this proposed deannexation.
The Assistant City Manager reminded the Commission that South 14th Avenue
and
South 15th Avenue between West Dickerson Street and West College Street were not included
. in the original district boundaries, but were added before the district was enacted through a
petition representing exactly one-half of the estimated 54 properties involved. He noted that
none of the property owners on the east side of the 600 block of South 15th Avenue signed
that petition; however, they have submitted a petition for deannexation of the subject block
face, with that petition containing the signatures of 100 percent of the property owners.
Assistant City Manager Brey stated that the only concern identified by
staff during
review of this request is the fact that visitors to houses along the west side of the street may
park along the east side because it is outside the district. He stated that this concern was
discussed with the principal petitioner; and he does not believe that will be a problem.
Mr. Glenn Black, 608 South 15th Avenue, stated that the petition contains
both 100
percent of the property owners as well as 100 percent of the residents on this block face. He
. then encouraged the Commission to approve their request for exclusion from the parking
district.
Ms. Margaret Morrison, 723 South 14th Avenue, stated she feels that South
14th
Avenue and South 15th Avenue between West College Street and West Dickerson Street
should be removed from the parking district, not just the east side of the 600 block of South
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15th Avenue. She stated that she did not sign the petition to be included in
the parking
district; and she questioned whether the original petition was adequate when submitted and
whether the Commission should have acted favorably on it. She noted that when the petition
was circulated, inaccurate information was disseminated; and residents were not told that they
. would be required to purchase permits to park on the street.
Ms. Morrison cited the bases upon which inclusion in the parking district is based as
well as the objectives to be met. She noted that the purpose of the parking district is to limit
non-resident parking along the street, so that the residents have a better opportunity to park
on the street. She stated that she does not believe a problem existed before
the parking
district was implemented; and she does not feel that one will exist if these streets are removed
from the district. She indicated that, at the present time, there are vehicles parking along the
street that do not have parking permits; however, they are not being ticketed.
She then
encouraged the Commission to deannex the same streets that it annexed in the previous
petition.
Commissioner Stueck noted that the Commission can only act on that portion of the
. district for which the petition has been received. He then stated
that the property owners
along South 14th Avenue could petition to be excluded from the district, in the same manner
that this petition has been filed.
Mayor Vincent closed the public hearing.
It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the
Commission provisionally adopt Ordinance No. 1405, deannexing the east side of the 600 block
of South 15th Avenue, and that it be brought back in two weeks for final adoption.
The
motion carried by the following Aye and No vote: those voting Aye
being Commissioner
Stueck, Commissioner Frost. Commissioner Stiff and Mayor Vincent; those voting No, none.
Public hearing - Zone Code Amendment - Main Mall Merchants Association - amend various
. sections of ChaDter 18.65. to define multi-tenant retail comDlexes. and increase total sauare
footage and tvDes of signaae allowed (Z-9572)
This was the time and place set for the public hearing on the Zone Code Amendment
requested by the Main Mall Merchants Association, under Application No. Z-9572, to amend
various sections of Chapter 18.65, to include defining of multi-tenant retail complexes and
increase the total square footage and types of signage allowed for such establishments.
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City Manager Wysocki stated that the City-County Planning Board has continued its
public hearing on this application and recommended that the Commission
open and continue
this public hearing until that recommendation has been received.
Mayor Vincent opened and continued the public hearing until a recommendation is
. received from the City-County Planning Board.
Public hearing - COA with deviations from Section 18.18.030. 18.18.050
and 18.18.050.C
to allow detached two-car aaraae with aDartment above to encroach 7 % feet
into 8-foot side
yard and 19 % feet into 20-foot rear yard setback. and allow accessory
structure to exceed
heiaht of orinciDal structure bv 3 % feet. and to allow two dwellina units
on 7 .000-sQuare-foot
lot - Lots 11 and 12. Block 26. Park Addition - Gregorv Moraan (501 West
Story Street) (Z-
9586)
This was the time and place set for the public hearing on the Certificate of
Appropriateness with deviations from Sections 18.18.030, 18.18.050 and
18.18.050.C, as
requested by Gregory Morgan, under Application No. Z-9586, to allow a detached
two-car
garage with second-story apartment to encroach 7% feet into the 8-foot
side yard and 19%
feet into the 20-foot rear yard setback, to allow an accessory structure
to exceed the height
. of the principal structure by 3% feet. and to allow two dwelling units on a 7.000-square-foot
lot, on Lots 11 and 12, Block 26, Park Addition. The subject site is more
commonly located
at 501 West Story Street.
Mayor Vincent opened the public hearing.
Associate Planner/Urban Designer Patrick Morris presented the staff report. He stated
that under this application, an existing one-car garage is to be demolished
and replaced with
a 24-foot by 28-foot two-car garage with two-bedroom apartment above. The
new structure
would be located in essentially the same location as the existing garage;
however, because of
the substantially larger size, the new structure is to be located only
nine inches from the rear
property line and the side property line.
The Associate Planner stated that, since the subject property is located in an R-3a,
. Residential--Two-family, Medium-density, zoning district, a second dwelling
unit on the same
zone lot is allowable. He noted that if those two dwelling units are attached,
a 6,000-square-
foot lot is required; however, if the dwelling units are detached, 5,000-square-feet
per dwelling
unit, or a 1 O,OOO-square-foot lot, is required. In this instance, the
subject lot contains 7,000
square feet.
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The Associate Planner stated that the proposed garage/apartment structure
will
exceed the height of the main structure by 3 feet 3 inches; however, it
will be well within the
height limitations for the R-3a zoning district.
He stated that, because of its size and the
minimal height difference, staff feels it is appropriate. He noted that
the main purpose of the
. requirement that an accessory structure not exceed the height of the principal structure is to
avoid the potential of significant height differences on a lot and to mitigate
any impacts that
may be incurred by adjacent properties.
Associate Planner Morris stated that staff has reviewed this application
and the
attendant deviations. Afte
r its review, in which staff considered each requested deviation
individually, a recommendation for approval of the three requested deviations
was forwarded
to the Design Review Board. After its review of the application, at its
meeting on August 8,
the Design Review Board supported staff's recommendation; and that recommendation
has
been forwarded to the Commission.
He noted that if the Commission concurs in this
recommendation, the ten conditions contained in the August 10 memo should
be incorporated
into the approval.
. The Associate Planner noted that the applicant has indicated his intent
to make this
two-bedroom apartment an affordable unit. He suggested that, in light of
that intent, and in
accordance with the City's recently-adopted affordable housing policy,
relaxation of standards
may be considered. He noted that even if this issue were not taken into
consideration, staff
feels that the requested deviations stand on their own merits.
Associate Planner Morris stated that the Planning office has received two
letters of
opposition to this project, which have been forwarded to the Commission,
those being from
Dick and Mary Pohl, 422 South 6th Avenue; and Lance D. and Marlys K. Johnson,
409 South
5th Avenue. He noted that these are the only comments received from the
public regarding
this application.
. Responding to questions from Commissioner Frost regarding Fire Chief Aaron
Holst's
memo dated August 17, Associate Planner Morris recognized the concerns regarding fire safety
which the Chief has raised, characterizing them as valid concerns that
must be addressed. He
noted that the Development Review Committee reviews applications for technical
issues, which
fire safety is considered, while the Design Review Board focuses on the
design elements of an
application. He then assured the Commission that, with the building being
located this close
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to the property line, a minimum one-hour construction will be required under the Uniform
Building Code.
Responding to Commissioner Stiff, the Associate Planner stated that adequate off-
street parking is proposed with this application. He indicated that two parking spaces are to
. be provided in the garage. while two more parking spaces will be provided immediately in front
of the garage, on the driveway.
Mr. George Mattson, architect, stated that the residence which sits on the front of
the lot is very small; and the apartment to be located over the garage will be small as well. He
emphasized the applicant's intent to make the apartment available as low-income housing. He
reminded the Commission that the subject lot contains 7,000 square feet; and a duplex can be
constructed on a G,OOO-square-foot lot in this zoning district. He stated that, by placing the
second dwelling unit above the new garage, a majority of the existing yard and its mature
vegetation will be retained. He noted that the garage across the alley is located on the property
line; and the garage on the adjacent lot is located approximately five to six feet from the
property line. He stated that the proposed location of this garage is actually the least intrusive,
. particularly to the adjacent property.
Mr. Mattson addressed the concerns raised in Fire Chief Holst's memo, noting that
side yard setbacks seem to be a planning issue rather than a fire safety issue. He then stated
that the requirements of the Uniform Building Code will be met in the construction of the new
garage/apartment building. Since the proposed structure is to be
within five feet of the
property line, it will have no openings in the walls on those two sides. He also noted that the
appropriate fire rated construction will be utilized.
Mr. Mattson stated that, while the proposed apartment over the garage will make it
a two-story structure, it will be kept as low as possible, with the roof being located on top of
four-foot walls. He then cited several existing houses within the immediate
area which are
large two-story structures.
. Mr. Mattson suggested that the proposed second dwelling unit on this lot will be less
intrusive than it would be if connected to the existing residence.
Responding to Commissioner Stueck, Mr. Mattson stated that under this proposal,
cars will access the garage via the alley rather than through a curb cut from the street.
He
indicated that, because of the need to curve from the alley to line up with the garage doors,
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the garage cannot be moved away from the property line. He noted that this
will minimize the
number of on-street parking spaces that would be lost in this area.
No
one was present to speak in opposition to the requested deviations.
Mayor
Vincent closed the public hearing.
. Mayor Vincent then forwarded his desire to not waive the customary waiting period
for land use decisions, to provide an opportunity to weigh the issues and
concerns which have
been raised. He asked that the decision on this application be placed on
the afternoon agenda
for the September 5 meeting.
Adjournment - 8:40 D.m.
There
being no further business to come before the Commission at this time, it was
moved by Commissioner Stiff, seconded by Commissioner Stueck, that the
meeting be
adjourned. The motion carried by the following Aye and No vote:
those voting Aye being
Commissioner Stiff, Commissioner Stueck, Commissioner Frost and Mayor Vincent;
those
voting No, none.
.
ATTEST:
~J~
ROBIN L. SULLIVAN
Clerk of the Commission
.
08-21-95