HomeMy WebLinkAbout1995-02-21 ccm
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
February 21, 1995
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. The Commission of the City of Bozeman met in regular session in the Commission
Room, Municipal Building, February 21, 1995, at 3:00 p.m. Present were Mayor
Vincent,
Commissioner Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost, City
Manager Wysocki, City Attorney Luwe and Clerk of the Commission Sullivan.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
None of the Commissioners requested that any of the Consent Items be removed for
discussion.
Minutes - Februarv 6 and February 13, 1995
It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the
minutes of the meetings of February 6 and February 13, 1995, be approved as submitted. The
. motion carried by the following Aye and No vote: those voting Aye being Commissioner
Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost and Mayor Vincent;
those voting No, none.
Presentation of award from Butte ChaDter of the American Red Cross to the Recreation
Department - Dick Bacon, Chair of the local Red Cross Chapter
Mr. Dick Bacon, Chair of the local Red Cross Chapter, presented a plaque to the City's
Recreation Department on behalf of the Pioneer Chapter of the American Red Cross in Butte.
The inscription on the plaque recognizes the City of Bozeman for allowing use of its pool
facilities and fine staff in retraining and recertifying all life guard instructors and instructor
trainers in the state.
. Recreation Superintendent Sue Harkin received the award on behalf of the City.
Decision - Conditional Use Permit fpr Planned Unit Development - to modify the Walker Planned
Unit DeveloDment to incorcorate an additional 23.064 acres - Tract A, COS No. 1498C, located
in the SW%, Section 25, T1S, R5EL-MPM (1500 Reeves Road) (Z-9483)
This was the time and place set for the decision on the Conditional Use Permit for a
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Planned Unit Development requested by Susan Taylor Nelson, under Application Z~9483, to
modify the Walker Unit Development to incorporate an additional 23.064 acres located in Tract
A, Certificate of Survey No. 1498C, in the Southwest one-quarter, Section 25, Township 1
South, Range 5 East, Montana Principal Meridian. The subject site is more commonly located
. at 1 500 Reeves Road.
It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that action
on this item be deferred to March 6, per staff's recommendation. The motion carried by the
following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Stueck,
Commissioner Frost, Commissioner Youngman and Mayor Vincent; those voting No, none.
ConceDt plan review - A.R. Nelson ~ subdivision and zoning PUD for commercial develoDment
in a BP zone - 13.7 acres located at the northwest corner of the intersection of Fowler Road
and Huffine lane (2-9505)
Mayor Vincent reviewed the process to be followed in a concept plan review,
emphasizing the importance of remembering it is strictly a concept.
Mr. Joe Sabol, attorney representing Mr. Mike Potter, applicant, stated that this concept
. plan is for a conditional use permit for a planned unit development and a subdivision planned
unit development on a total of 28 acres located at the northwest corner of the intersection of
US Highway 191 and Fowler Avenue extended. He stated the subject property is currently
owned by Mr. R.R. Nelson, and is to be developed by PC Development.
Mr. Mike Potter, applicant, reviewed the location of the property, noting it is
immediately south of the Valley Creek Subdivision which is currently being developed and
immediately west of the new USDA building. He stated that this concept plan review is for the
southern 13.7 acres of the subject 28-acre parcel. Under the plan, he proposes to develop the
BP, Business Park, portion of the site with commercial uses, basically as an extension of the
Valley Commons Business Park which lies immediately west of the new USDA complex. The
. parcel, which lies between Fallon Street and US Highway 191 is to be divided into six lots; and
the common open space is to be located in approximately the center of the parcel, north of
Fallon Street. tn addition, a strip of common open space is to be provided from the
beautification easement and common open space strip along US Highway 191, through the
center of the property, along the relocated ditch/stream, to the large common open space tract.
Mr. Potter stated that covenants and architectural guidelines, similar to those used for the
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Valley Commons Business Park, will be developed. A use list, comprised of
many B-1,
Neighborhood Service, and B-2, Community Business, uses, is also being developed, similar to
the use list for Valley Commons; and any use within this new development must comply with
that list. The property lying north of Fallon Street is zoned R-4, Residential--High-density; and
. development of that portion of the site is anticipated to include 31 duplex lots, which will
contain 62 dwelling units, a 1.5-acre apartment complex with approximately 50 units, and a
2.0-acre site for office development. The common open space for the planned unit
development, which is located between the proposed apartment complex and office space, is
designed to provide an amenity for those two uses as well as provide buffering from the
commercial uses. Mr. Potter stated that he feels this central location for the large
block of
common open space will be beneficial to everyone within the entire project, not just the
planned unit development under consideration in this application.
At the City Manager's request, Mr. Joe Sabol reviewed the problems encountered in
obtaining an easement across a 33-foot strip of land in the Fowler Avenue alignment.
He
stated that, during the 1980's, when the Valley Unit Subdivision encountered its original
. problems, title to the property was transferred from Mr. Virgil Jahnke to Mr. Michael Delaney;
and Mr. Delaney further subdivided the property. In that process, right-of-way for one-half of
Fowler Avenue was dedicated; however, a 33-foot strip of land to the east of that dedication,
from U.S. Highway 191 to West Babcock Street, remained in Mr. Delaney's ownership.
He
stated that Mr. Delaney has agreed to convey that strip of land as a gift, provided he can obtain
tax benefits and, in the meantime, he has provided an easement across the property so that
this project can move forward.
Assistant Planning Director Arkell noted that, included in the packet information, was
a list of the proposed uses for this planned unit development; and she submitted a correction
sheet to the Commissioners at last week's meeting. She reminded the Commission
that the
concept for this project is the same as the concept for the Valley Commons Business Park
. because once the planned unit development is approved, with its pre-approved list of uses and
architectural guidelines, no specific project will be submitted to the Commission for review.
The Assistant Planning Director stated that the Development Review Committee has
reviewed this concept plan and forwarded its comments. She noted that the Director of Public
Service has indicated an interest in seeing a north/south street along the west side of the
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common open space, to break up the 1 ,200-foot block which currently exists. She stated that
,
this recommendation is in compliance with the subdivision regulations, which try to maintain
shorter block lengths than 1,200 feet.
Commissioner Frost forwarded his concerns about some of the uses contained in the
. use list, i.e., "wholesale distributors", which could create a major draw for people and "retail
uses", which he feels is too broad. He then suggested that Lot 3 be rotated so that it runs
east/west rather than north/south, with the parking to be located on the north side of the lot.
He also proposed a bridge across the stream/ditch as it traverses the common open space
between Lot 1 and Lot 2, to provide easy pedestrian access between those lots.
He stated
that, on the whole, this proposal looks good.
Responding to Commissioner Stueck, Mr. Potter stated he anticipates that the duplexes
will have garages rather than carports.
Commissioner Stueck noted that the 33-foot strip of land about which Mr. Sabol spoke
will provide a second access to the fish ponds. He stated support for the concept
plan.
Responding to Commissioner Youngman, Assistant Planning Director Arkell stated she
. would need to calculate the number of housing units that could be constructed on the R-4
zoned property.
Commissioner Youngman stated she likes the use of multi-family housing to buffer the
duplexes from the commercial uses to the south. She then questioned why "research
laboratory" has been deleted from the use list, suggesting that it might be one of the quieter
sorts of neighbors for the mixture of uses. Both Mr. Potter and Assistant Planning Director
Arkell responded that they do not know why that use was eliminated.
Commissioner Youngman then stated her support for Commissioner Frost's proposal
that Lot 3 be rotated a quarter turn.
Commissioner Stiff asked if there are any traffic issues which may have been
. overlooked and which should be addressed in conjunction with this project, particularly since
he anticipates that this proposed development will generate a significant amount of traffic.
Assistant Planning Director Arkell stated that most traffic from this development will
probably use Fowler Avenue and US Highway 191. One of the conditions which the applicant
will be required to meet is signing of a waiver of right to protest the creation of a special
improvement district for installation of a traffic signal at that intersection when warrants are
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met. She then indicated that she will review the plans for the upgrade to US Highway 191 to
ensure that cabling and conduit are provided for the installation of a traffic signal, so it can be
easily installed at the appropriate time.
Mayor Vincent stated he is always concerned when BP zoned property is developed as
. commercial; however, he recognized that if that is to occur, this is probably the best place.
He indicated his support for the proposal to construct apartments, offices and mixed uses on
one tract. He noted that with this mix of uses in one development, those choosing to live in
this area do so knowing what type of development is proposed for the remainder of the site,
which is different from what occurred with the Valley Commons Business Park. He then stated
he does not want to see Bozeman become "the retail capital of western Montana"; and he is
concerned about traffic impacts on area streets because of this development. He noted that,
no matter what the level of traffic may be on a street, an increase of two or three times that
amount of traffic has a negative impact on the residents along that street. He recognized that,
in reality, people will take the shortest efficient route possible; and he is concerned that those
approaching this development from the north will use residential streets to do so, rather than
. using US Highway 191. He then indicated that, while he is concerned over the traffic impacts,
he is pleased with the proposed project itself.
Responding to City Manager Wysocki, Mr. Potter stated he anticipates the office
complex will contain 8,000 square feet of office space.
Commissioner Youngman noted that R-4 is the highest density residential zoning in the
city; and there is not much R-4 zoned property available for development. She suggested that
if the density of residential development appears to be low on this site, it may be beneficial to
consider construction of a four-plex, a six-plex, or possibly more apartments to raise that
density.
The Commission concluded its review of the concept plan by indicating general support,
with the exceptions noted.
.
ConceDt Dlan review - Don Hannah ~ zonina PUD for in.district uses in a R-S zone on 150
single-familv lots - 147 acres located at the northeast corner of the intersection of South Third
Avenue and Goldenstein lane (Z-9508)
Mr. Don Hannah, applicant, stated he proposes to divide 77 acres into 150 single-family
residential lots, approximately one-half acre in size, with 17 acres dedicated to street rights-of-
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way and the remaining 53 acres being dedicated as common open space. He stated that the
half-acre lots are to be clustered along county-standard roads. He noted that an alternative for
development of the southwest corner of the property has also been submitted; and that
alternative provides for smaller lots upon which affordable housing units would be constructed.
. He stated that, while he realizes that the density of development could be decreased to 147
units, he prefers to provide 150 lots and include affordable housing units. He indicated that
building of houses on the front portion of the lot will be encouraged, possibly with a stipulation
that the rear yard setback must be maintained in a natural state to give an appearance of a
larger common open space.
Mr. Bob Lee, planning consultant for the applicant, stated that the plan for development
of this subject 147-acre parcel has been ever changing, in response to concerns expressed by
neighbors as well as constraints encountered because of soil types, groundwater levels and
topography. He stated that this concept plan has been prepared with protection of the natural
features of the site in mind; and he feels that the proposed clustering helps to accomplish that.
He also noted that the trail system proposed through the development will enhance the area
. and allow people to enjoy the natural features of the property. He noted that through the use
of county road standards, the borrow ditches can be used as detention sites, to contain run-off,
as opposed to the storm drainage system that would be required if city-standard streets with
curb and gutter were installed. He indicated that sidewalks are to be installed along one side
ot the roadway, within the public right-ot-way; and bicycle lanes are proposed on the roadways
it 28-foot-wide roadways are constructed instead of the 24-foot-wide roadways which have
been proposed.
Mr. Bob Lee stated that during Development Review Committee review of this concept
plan, concerns raised included providing for bicycle traffic, enhancing the pedestrian circulation
system and providing access to McLeod Park and the Sourdough Trail.
. Mr. Bob Lee stated that the proposed county road standard is better suited for the rural
atmosphere which is intended in this subdivision. He noted that it will also enhance the low-
density residential concept for this site, which is in keeping with the surrounding residential
neighborhoods. He stated that the open space, which totals approximately 36 percent of the
property, is to be owned by and maintained by the homeowners' association. Under this
concept plan, wildlife habitat will be protected and enhanced where possible. Also,
stream
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corridors will be protected by open space, and enhancement of the streambanks is also a part
of this plan.
Mr. Dave Crawford, consulting engineer, addressed the issue of sewer capacity in
lines
which would serve this development. He stated that there are a couple of bottlenecks in the
. system which would require upgrading to accommodate this development; and they are aware
of those problems. He noted that the elevation of the southwest corner of the subject parcel
precludes adequate gravity flow of water to provide for fire protection; and they recognize that
a small booster station may be required to provide adequate water pressure. He then addressed
the issue of streets, stating that allowing the use of county standard streets will generate less
impervious surface and provide better storm run-off and detention for the surfaces that do
exist.
Assistant Planning Director Debbie Arkell stated that, attached to the information
on
the concept plan is her memo, dated February 9, in which she forwarded several comments for
Commission consideration. She addressed the issue of clustering, expressing concern that it
is difficult to identify half-acre lots as an attempt at clustering. She also Questioned whether
. half-acre lots are appropriate within city limits; however, she also recognized that they may be
appropriate as a transition between city-density residential development and the residential
development to the south, east and west, which is typically on 1 + -acre sites.
The Assistant Planning Director noted that a cougar was sighted on this parcel
last
week. She cautioned that the sensitive areas and wildlife habitats should be carefully
considered and protected when determining the locations of lots and trails within the
development.
The Assistant Planning Director stated that the City's Street Department is adamantly
opposed to the installation of county~standard roads within city limits, but firmly believes that
city streets should be build to city standards. She noted, however, that a majority
of the
. Planning Board members indicated support for the county-standard roads which are proposed.
She forwarded her concern that Graf Street has previously been identified as a collector street,
with the north end of it already being constructed to that standard. She noted
that during
consideration of previous development proposals for Graf's Fourth Addition, which was
annexed more than twenty years ago, requiring the extension of that roadway at collector
standards has been a part of the review. She expressed concern that to allow this property to
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install any type of continuation of that street alignment at less than collector standard could
result in an undesirable precedent or create a problem in transition from collector standard to
a 24-foot-wide county road standard. She then forwarded the County Road Superintendent's
concern that the proposed Silver Bow Drive access is too close to the intersection of South
. Third Avenue and Goldenstein Lane.
Assistant Planning Director Arkell reminded the Commission that the northeast corner
of the property lies in a Zone X floodplain. She noted that the floodplain regulations allow
development to occur in Zone X without any special permits; however, she questioned whether
development should be allowed in that corner of the property. She emphasized the uniqueness
of that area and the wildlife habitat which currently exists there, suggesting that to retain it in
common open space would better protect that area.
The Assistant Planning Director raised the issue of traffic impacts. She recognized that,
while South Third Avenue is not the only access to this site, it will definitely carry a majority
of the traffic. She noted that the County Road Superintendent has reviewed this concept plan,
taking into consideration the road alignments which lead to the edges of this property, including
. Good Medicine Way, Sundance Drive and Sourdough Creek Road, and has suggested that
possibly one of those roads could be extended into this development to provide access to
adjacent developments rather than being an island with access only from Goldenstein Lane.
Responding to Commissioner Frost, Mr. Hannah stated the strips of common open
space range from 100 to 120 feet wide. He then indicated his desire to limit the locations of
fences and the types allowed, stating his preference that they not be allowed in front yards and
possibly on a limited basis only in the back yards.
Further responding to Commissioner Frost, Mr. Hannah stated he anticipates that the
common open space will be retained in a natural state, rather than planted into grass and
maintained like a park. He also noted that no specific playground area has been identified
within the common open space.
. In response to additional Questions from Commissioner Frost, Mr. Crawford reviewed
the criteria established for building in a Zone X floodplain area, noting that the minutes from
the Planning Board meeting do not accurately reflect those criteria. He stated that under the
floodplain regulations, downstream flows may not be negatively impacted beyond a certain
level due to construction in a Zone X designation. During that discussion, it was also noted
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that there are different designations in the 100-year and 500-year floodplains which may
impact development.
Commissioner Frost stated he likes the idea of having the houses located close
to the
street, with the back of the lot being left open. He suggested that an alternative would be to
. create quarter-acre lots, which would be more in line with development inside city limits,
allowing the property owners to utilize their entire parcel, and providing for more common open
space. He also noted that this would allow for more efficient use of City services.
Commissioner Frost then stated he feels the developer should be required to provide
stream improvements upfront. He also feels that a streambank setback of greater than 35 feet
should be required. He stated concurrence with the narrower streets, suggesting that 28-foot-
wide streets be required for the main streets in the development, with 24-foot-wide side streets
being allowed. He indicated support for the homeowners' association being required
to
maintain the common open space.
Commissioner Frost suggested the dogleg in Deer Trail Drive and Arrowhead Drive
be
slightly realigned and given the same name instead of two separate names.
. Commissioner Frost expressed concern that Peace Pipe Drive is a long street with
minimal cross streets; and high speeds could be attained by those traveling it. He stated that
trail connections should be provided from the end of every cul-de-sac street to the common
open space, to avoid the potential of trails-by-use being located behind every house. He stated
that the trail connections should be constructed of asphalt, so there is no question that they
are trails.
Commissioner Frost stated he is concerned about the potential of flooding downstream
as a result of this development. He stated that he does not believe it
is appropriate to allow
development in the Zone X floodplain. He then suggested that asphalt
pathways be provide
along both sides of the street, which would be used by either bicyclists or pedestrians; and he
. further suggested that stop signs be installed at their intersections with streets. He forwarded
his preference for looped roads rather than cul-de-sacs. He then suggested
that the houses
along Goldenstein Lane be set as far back from the roadway as possible, to provide a more
open appearance along that roadway.
Commissioner Frost stated that, while he supports the inclusion of affordable housing
within this development, he does not support the proposed plan.
He suggested that more
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creativity be used in that portion of the site, possibly through the use of smaller lots along a
looped road, with an open space area to give the appearance of larger lots.
He stated it is
important to ensure that the theme for the overall development is carried into that portion of
the development as well.
. Commissioner Frost expressed concern that the plan before the Commission at this time
is the same as the plan which was submitted in July of 1993.
He then reiterated several of
the concerns which he entered into the record during deliberations about the annexation.
Those comments include the fact that creative and innovative efforts must be taken to develop
the parcel while protecting the amenities and natural beauty.
Commissioner Stueck stated he is concerned about the proposed access to South Third
Avenue from two of the lots, suggesting that the subdivision be reconfigured to either eliminate
those lots or provide a different access. He stated that, while he supports
the issue of
affordable housing, he does not support the plan submitted. He Questioned whether this rural
type of setting lends itself to an affordable housing development, suggesting that to have it
spread throughout the development might be an alternative worth considering.
. Commissioner Stueck stated
support for the Director
of Public Service's
recommendation that the two "T" intersections in Deer Trail Drive/Arrowhead Drive be replaced
with curves. He then indicated an interest in possibly seeing Good Medicine Way extended into
this subdivision, connecting to Peace Pipe Drive.
Planning Director Epple noted that, while the Planning Board indicated support for
providing trail connections to the ends of Good Medicine Way, Sundance Drive and Sourdough
Creek Road, they did not support extension of any of those roadways, particularly where they
might traverse sensitive areas and wetlands.
Commissioner Youngman stated that, in light of the City's affordable housing policy,
she feels it is important to encourage the inclusion of affordable housing in this development,
with a provision for guarantee of long-term affordability.
She then indicated that she would
.
prefer a better design for the proposal than the one which has been submitted for an affordable
section within this development; and she feels that a better street design, with a higher density
of clustering and more open space would enhance that portion of the site.
She noted the
importance of easy access to the trails and open spaces on the site, particularly from the
affordable housing section.
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Commissioner Youngman stated her support for protecting the wetlands and marshy
areas on this site. She suggested that more open space could be preserved in portions of the
property by using some quarter-acre lots instead of half-acre lots. She noted these lots should
be marketable, even though the applicant has suggested that the market dictates the use of
. half-acre lots.
Commissioner Youngman stated her discomfort with allowing access to the two lots
from South Third Avenue.
Commissioner Youngman noted that the Gallatin Valley Land Trust has submitted a
letter regarding the proposed trail system in this concept plan, and asked that their suggestions
be seriously considered. She noted that this trail system will provide a valuable connection
between the Gallagater Trail and the Sourdough Trail. She questioned allowing
a trail along
Nash Spring Creek, based on the letter from the Gallatin Valley Land Trust, stating she feels
it is important to protect the riparian and wildlife habitat. She further stated that the northeast
corner of the site should not be developed, because of the Zone X floodplain designation and
because of the wildlife habitat that it offers. She also urged the applicant to meet
with
. representatives from the Fish, Wildlife and Parks Department before proceeding further, as
suggested by staff.
Commissioner Youngman supported the idea of requiring that the back one-third of all
of the lots in the development be retained in a natural state, similar to the condition for
approval of the Fort Ellis Leisure Community project. She then stated that she
feels bicycle
traffic could be accommodated either in a 28-foot-wide roadway or on separated facilities
provided on each side of the street, as proposed by Commissioner Frost. She indicated support
for the use of county-standard roads, as long as the main roads are wider then the side streets.
She also indicated that a curvilinear north/south street makes sense, rather than the "T"
intersections that are proposed.
. Commissioner Stiff stated his support for inclusion of affordable housing within this
project, indicating that he can support it being spread throughout the development or located
in one particular portion of the development. He stated that, while he does not want those lots
to carry a stigma, he feels it is imperative that steps be taken to ensure that their affordability
is retained, rather than allowing someone to take advantage of a windfall because of the lower
priced, smaller lot.
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Responding to questions from Commissioner Stiff, the Assistant Planning Director
stated that under the planned unit development process, an applicant may seek relaxation of
the City sidewalk standards.
Commissioner Stiff stated support for upgrading Arrowhead Drive/Deer Trail Drive to
. a collector standard, in a curvilinear configuration, noting that appears to be in the best interest
of long-term development of the area.
Mayor Vincent stated he views this as a standard proposal rather than a creative or
innovative plan; and it does not appear to address the issue of preserving the natural
characteristics of the area. He noted that the artist's rendering of the proposal does not
accurately depict what would probably occur under the concept plan. He then read excerpts
from a recent article on providing green areas within communities, citing several examples from
around the United States where developments with large areas of common open space have
been successfully created.
Mayor Vincent stated he is also concerned about traffic impacts, recognizing that South
Third Avenue will be the primary access. He then indicated support for Jim Devitt's comments
. on the Planning Board minutes, in which he suggested that everyone stop pretending that this
plan preserves wildlife habitat. He stated that concerns about development in the Zone X
floodplain have not been adequately addressed. He questioned how much of the open space
is truly accessible. He then stated that Peace Pipe Drive is too long and agreed that Deer Trail
Drive and Arrowhead Drive should be reconfigured into a curvilinear street; however, he stated
that steps should be taken to ensure that they do not become high volume roadways. He then
expressed concern that this proposal does not meet the intent of clustering. He characterized
the street names as "contrived", noting they have no local meaning or character.
Mayor Vincent stated he feels that greater setbacks should be required along the stream
corridors. He is concerned about surface run-off and downstream impacts. He then stated he
favors requiring sidewalks along both sides of the street. While he supports the inclusion of
. affordable housing within this development. he does not support the proposal which has been
submitted.
Responding to the City Manager, Mr. Hannah stated he plans to develop the site in
phases.
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The City Manager suggested that an open space strip be retained in the side yards of
the homes adjacent to Goldenstein Lane, with the houses set back from Goldenstein as far as
possible on those lots.
Planning Director Epple stated that the Planning Board discussion revolved around the
. idea of a 28-foot street section which would accommodate vehicles, bicycles and pedestrians,
rather than the 24-foot street section proposed by the applicant. He cautioned that under this
scenario, there is not sufficient room to stripe a bicycle lane along the sides of the roadway,
although he acknowledged that a stripe could be used to denote the edge of the driving lane.
The Commission concluded its review of the concept plan by thanking the applicant and
his representatives for their presentation.
Decision - proDosal from James Duncan and Associates to add a sUDDlemental agreement to
the County's imDact fee study for the City's transportation imDact fee study in the amount of
$25.000
Included in the Commissioners' packets was a memo from Planning Director Epple,
dated February 17.
. Planning Director Epple distributed to the Commission a memo dated February 21, in
which he provided information regarding the revised proposal from James Duncan and
Associates, to add a supplemental agreement to the County's impact fee study for the City's
transportation impact fee study in the amount of $22,500 instead of the $25,000 originally
quoted. Attached to that memo was a copy of the supplemental agreement which would be
entered into if this proposal is accepted.
The Planning Director noted that the County's road impact fee will cost $27,300; and
he feels that the proposal to do the City's road impact fee for $22,500 is appropriate,
characterizing the $5,000 difference as recognition of the work already completed in-house.
He reminded the Commission that this will ensure that the City and County impact fee
programs are coordinated in both their methods of calculating fees and the timing of
. implementation. He stated that the work to be completed under the original contract appears
to be on schedule, with an anticipated completion date of September 1995. He then forwarded
the Planning staff's recommendation to act favorably on this proposal, authorizing staff to
review and/or prepare the necessary legal documents.
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Responding to Mayor Vincent, the Planning Director stated that, technically, it is
possible to establish impact fees through use of in-house services rather than through a
consultant. He noted that in this instance, use of the consultant would ensure coordination and
consistency between the County's impact fees and the City's impact fees.
. Mayor Vincent noted it is possible that the impact fee proposal received from the
consultant may not be acceptable to either the City or the County or both, and would require
modification if it was adopted.
City Manager Wysocki reminded the Commission that Mr. Duncan is a recognized
professional in the area of impact fees, and was highly recommended for this study. He noted
that the proposal may be amended as the result of public hearings on the proposals; and some
of those recommended changes could be forwarded by Commissioners.
The Planning Director reminded the Commission that the consultant is preparing the
proposed impact fees under the direction of the steering committee, upon which he and Fire
Chief Aaron Holst serve. He suggested that if the Commission approves
this proposal, a
Commissioner should also be appointed as liaison to the steering committee.
. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the
Commission authorize staff to review and/or prepare the legal documents necessary to
effectuate a supplemental
agreement with James Duncan
and Associates to add
a
transportation impact fee study for the City, in the amount of $22,500, with those documents
to be submitted to the Commission for approval prior to execution. The motion failed by the
following Aye and No vote: those voting Aye being Commissioner Frost and
Commissioner
Youngman; those voting No being Commissioner Stiff, Commissioner Stueck and Mayor
Vincent.
City Manager Wysocki asked the Commissioners to discuss their reasons for voting the
way they did.
. Commissioner Stiff stated he feels the City could accomplish quite a bit on impact fees
for the monies it would cost to have the consultant do just the transportation impact fees. He
noted that the Planning Director has previously indicated that the work on the impact fees is
nearly complete.
Commissioner Stueck stated he feels that $22,500 is a lot to spend for only one of
several pieces of the impact fee package.
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The City Manager asked that further discussion be deferred until after the public
hearings have been held, due to the lateness of the meeting.
Recommendation from the Bozeman Beautification Advisorv Board re oossible acceDtance of
Jim Dolan Sculoture
. Historic Preservation Officer Derek Strahn reviewed his memo of February 15, a copy
of which was included in the Commissioners' packets. He reminded the Commission that an
anonymous donor has offered a slightly-Iarger-than-life-size sculpture of a deer made by local
sculptor Jim Dolan. He noted that this offer is contingent upon the sculpture being placed at
the American Federal Savings site at the northeast corner of the intersection of North 7th
Avenue and Durston Road.
The Historic Preservation Officer stated that the Bozeman Beautification Advisory Board
has reviewed this proposal in light of the guidelines which were adopted at the meeting of
February 6 and has sought comments through an informal review before the Design Review
Board. He forwarded the Board/s recommendation for acceptance of the donation, subject to
. all parties involved executing an agreement which has either been prepared by or approved by
the City Attorney/s office.
It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the
Commission accept the donation of the Dolan sculpture, for placement at the American Federal
Savings site, contingent upon complete execution of an agreement which has either been
prepared by or approved by the City Attorney's office. The motion carried by the following Aye
and No vote: those voting Aye being Commissioner Youngman, Commissioner Stiff,
Commissioner Stueck, Commissioner Frost and Mayor Vincent; those voting No, none.
Consent Items
City Manager Wysocki presented to the Commission the following Consent Items.
. Deviation from Section 18.65.050.E. to allow sign to have 8-foot vertical
clearance instead of the reauired 9-foot vertical clearance - Fred's
Mesauite Diner, 451 East Main Street: oer DRB recommendations
Commission Resolution No. 3045 - intent to imDlement a 12.0% increase in
waste water rates, effective Mav 1 , 1995: set Dublic hearing for March
20. 1995
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COMMISSION RESOLUTION NO. 3045
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, ORDERING A PUBLIC HEARING TO BE HELD ON A PROPOSED
TWELVE PERCENT (12.0%) INCREASE IN THE WASTE WATER (SEWER) RATE
CHARGED TO CUSTOMERS OF THE MUNICIPAL WASTE WATER (SEWER)
SYSTEM.
. Acknowledae receiPt of application from Lattice Materials Corooration for
tax reduction under Sections 15-24-1401 and 15-24-1402. M.C.A.
(new and expandina manufacturing industry): refer to staff
Acknowledae receiPt of application for annexation - 6.15 acres known as
a portion of Tract 1. and all of Tracts 2. 3. 4. Fowler Subdivision.
located in the SE~. NW~. Section 11. T2S. R5E. MPM (2701 West
Babcock Street) - Dennis and Joni Balian: refer to staff
Appoint Neighborhood Coordinator
IGrantsperson James Goehruna
as
Hearings Officer for needs assessment public hearing for upcoming
round of Community Development Block Grant applications
Authorize City Manaaer to sian - Acceptance of Sewer and Water Pipeline
and Access Easement and Agreement - Delanev & Company. Inc. - 33-
foot-wide easement across parcel located in the SW~. Section 11.
T2S. R5E. MPM (at Fowler Avenue. north of US 191)
Authorize Clerk of the Commission Sullivan to attend IIMC Conference -
louisville. Kentucky - May 21-26. 1995: appoint Judy Corcoran as
Actina Clerk
. Award bid for combination hydraulic sewer iet cleaner and manhole vacuum
system-truck mounted for Sewer Department - Maric Sales. Salt lake
City. Utah (Vac-Con) - total bid of $138.735.00
Award bid for heavy-duty dump truck for Street Department - Schedule I
(cab & chassis) - Billings Truck Center. Billinas. Montana - net bid of
$76.384.24: Schedule II (dump box. plow. sander) - Kois Brothers
Eauipment Company. Great Falls. Montana - $20.695.00: Schedule '"
(hydraulics) - Yellowstone
Hydraulics. Inc..
Billings. Montana -
$9.756.00: for a total of $106.835.24
Buildina Inspection Division report for January 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,
Commissioner Youngman and Mayor Vincent; those voting No, none.
Recess. 5:30 p.m.
Mayor Vincent declared a recess at 5:30 p.m., to reconvene at 7:00 p.m., for the
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purpose of conducting the schedule public hearings.
Reconvene - 7:00 p.m.
Mayor Vincent reconvened the meeting at 7:00 p.m., for the purpose of conducting the
. scheduled public hearings.
Public hearina - Commission Resolution No. 3046 - declarina that bliahted areas exist within
the municipalitv and that the rehabilitation. redevelopment or a combination thereof is in the
interests of the public health. safetv. morals or welfare of the residents
This was the time and place set for the public hearing on Commission Resolution No.
3046, as approved by City Attorney entitled:
COMMISSION RESOLUTION NO. 3046
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN.
MONT ANA, DECLARING THAT
BLIGHTED AREAS
EXIST WITHIN THE
MUNICIPALITY AND THE
REHABILITATION. REDEVELOPMENT,
OR A
COMBINATION THEREOF OF SUCH AREA OR AREAS IS NECESSARY IN THE
INTEREST OF THE PUBLIC HEALTH, SAFETY, MORALS, OR WELFARE OF THE
RESIDENTS OF SUCH MUNICIPALITY.
. Mayor Vincent opened the public hearing.
Assistant City Manager Ron Brey presented the staff report. He stated that, through
adoption of this resolution, the Commission will declare that blight, under the statutory
definition, exists in Bozeman, specifically in its downtown business district. He reminded the
Commission of several discussions which have already been conducted on urban renewal
programs and tax increment financing, as well as the types of projects for which those monies
may be used. He cautioned the Commission, however, that this public hearing is to be limited
to the issue of whether blight exists in the community.
The Assistant City Manager reminded the Commission that in October 1991, the City
Commission adopted a resolution directing staff to investigate conditions in the community and
the need for, desirability of and feasibility of creating an urban renewal program. He noted that
. the study was completed in 1992; however, no recommendation was forwarded to the
Commission regarding implementation of an urban renewal program at that time. In 1994, in
response to a request from both the Downtown Bozeman Association (DBA), the Downtown
Improvement Steering Committee (DISC), and the Parking Commission, the study was updated
02-21-95
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and a report was prepared. That written report has been previously distributed
to the
Commission and discussed at length.
Assistant City Manager Brey characterized the study area as the core of the community,
comprised primarily of the B-3, Central Business, zoning district and generally including non-
. residential development. The outside extremities of the proposed urban renewal district
generally follow along Broadway Avenue, Lamme Street, North Fifth Avenue and Olive Street,
except for the CMC Heartland property along the eastern end of the district. Publicly
-owned
structures within the proposed district include Hawthorne School, Emerson Cultural Center,
Willson School, Gallatin County Courthouse, City Hall and the Carnegie Building.
The Assistant City Manager stated that the study of this core area has revealed that
deterioration of facilities and age obsolescence exist in the areas of water, sewer, storm
drainage, parking facilities, streets and sidewalks. He further noted
that the study area
represents 2 percent of the community's area; and a review of statistics reveals that 10 to 14
percent of the fire-related incidents in 1993 and most of 1994 were within the study area; and
15 percent of the sewer lines on the monthly flush list are within the study area. He noted that
. 5500 lineal feet of water mains are identified as substandard; and four sewer mains within the
study area currently exceed design capacity, encountering periods of surcharging. Also, three
storm drains have been identified as emptying directly into Bozeman Creek.
He pointed out
that many fire and building code deficiencies have been identified in the older buildings; and
many of those facilities do not meet the Americans with Disabilities Act requirements. The
costs of providing the necessary upgrades is very expensive; and under the proposed district,
financial assistance could be provided. The lack of parking facilities in the downtown area has
also been identified as a problem which needs to be addressed. Several
transportation
deficiencies have also been identified, as evidenced by the fact that twenty of the projects
contained in the Bozeman Urban Transportation Plan 1993 Update are within the proposed
. district; and four of those are to be funded through the general obligation bond issue which was
recently approved. Problems pertaining to contamination have been identified, including
the
contamination resulting from stockpiling of raw asbestos on the CMC Heartland property; and
potential contamination has been identified from underground storage tanks, in both known and
unknown locations within the district.
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Assistant City Manager Brey stated that if the Commission adopts Commission
Resolution No. 3046, the next step will be to develop a method for preparing an urban renewal
plan. He again reminded the Commission that this hearing is to be limited to the issue of blight,
noting that the development of the urban renewal plan and identifying how the monies will be
. used are issues which will be addressed at a later date. He noted that the plan will be
subjected to at least two public hearings, thus allowing adequate opportunity for public input.
Mr. Chris Pope stated he represents the Downtown Bozeman Association, which is
comprised of 166 members who live or work in the downtown area. He noted that
the
implementation of an urban renewal plan for the downtown area has been a priority of the DBA
for over a year; and they have been actively working on it this past year.
Mr. Pope noted that many of the buildings in the downtown area are old, some of them
being over 100 years old. He stated that many of those beautiful, historic
structures are
suffering from infrastructure deficiencies and are in definite need of rehabilitation.
He noted
that this will require a significant capital investment, for upgrading of both the public
infrastructure and the individual buildings. He characterized this as an economic liability from
. the aspect of being able to continue providing competitive and viable businesses and activities
in a downtown that has remained vital despite national trends. He concluded by encouraging
the Commission to adopt this resolution.
Mr. Larry Bowman, downtown businessman and member of the Parking Commission,
stated that blight exists in the downtown area, particularly when considering the issue of
parking. He noted that the Parking Commission has attempted to address the lack of adequate
and convenient parking in the downtown for several years; however, they lack the funding to
adequately address this problem. He stated that, due to the lack of parking, on-street parking
overflows into the residential areas around the downtown, negatively impacting those areas
as well. He noted that the implementation of projects identified in the Transportation Plan will
further aggravate the problem, since some of the existing parking spaces will be eliminated to
. address safety issues. He then encouraged adoption of this resolution, as the
initial step to
developing an urban renewal plan.
Mr. John Hopeman, Vice President of the Downtown Bozeman Association and owner
of the Montana Gift Corral, summarized his experiences in various communities before moving
to Bozeman. He stated that he was attracted to Bozeman because of its vital and lively
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downtown; and he wishes to see it preserved. He then recounted his experiences in three
different communities. In the first city, which is a suburb of a much larger city, they took good
care of the downtown area; and it remained an asset to that city. In the second city, the
community did not address the issue of blight; and today, that downtown is rapidly
. approaching a ghost town. In the third city, a fairly good effort has been undertaken to
maintain the downtown area, as it is in one of the most historic towns in the United States;
and it has generally retained its vitality. He then cautioned that, based on his personal
experience, he has found that if a community does not address the types of issues identified
in this study, the downtown enters into a downward spiral effect that is difficult to reverse.
Mrs. Shirley Sedivy, representing the Bozeman Chapter of the Coalition of Montanans
with Disabilities, cited downtown Great Falls as an example of failure to address the needs of
a downtown. She noted that it was "deplorable" and basically deserted; and over the past few
years, efforts have been made to upgrade it. She observed that, while the area has been
redone and is "gorgeous", you can still count the number of cars parking along Central Avenue
"on probably two fingers". She stated, on the other hand, Bozeman has a viable and lively
. downtown, with sidewalks and areas for parking in a deplorable state. She stated that if these
conditions, which meet the statutory definition of blight, are not taken seriously, the downtown
will encounter severe problems.
Mr. Brian Leland, 528 North Bozeman Avenue, asked about the condition of the sewer
lines in the downtown area, and whether they are truly in need of repair or replacement. He
reminded the Commission that during review of a proposed project on the south side of town,
information was submitted indicating that the sewer lines could adequately accommodate the
project, even with the infiltration water that was anticipated to accompany the project. He
stated there is no doubt that the downtown needs rehabilitation; however, he expressed
concern that this one element could negatively impact the entire program.
Assistant City Manager Ron Brey responded to Mr. Leland's comments by reviewing
. the sewer lines which are included on the monthly flush list as well as those which have been
identified as exceeding capacity. He noted that a majority of the lines contained on those lists
are east/west lines; and none of them are involved in servicing the project to which Mr. Leland
referred.
Since there were no Commissioner objections, Mayor Vincent closed the public hearing.
02-21-95
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Mayor Vincent noted the comments regarding lack of parking in the downtown area and
suggested that reference to that item should be made in the resolution.
Commissioner Stueck noted that at some of the recent Downtown Improvement
Steering Committee meetings, there have been repeated discussions concerning the lack of
. parking. He noted that the cost of constructing a parking facility is well beyond the monies
available; and the creation of an urban renewal district, based on the determination that blight
exists, could assist in that effort. He also indicated his support for adding
a reference to
parking in the resolution.
Commissioner Frost stated his support for adding a reference to parking to the
resolution. He noted that a city is defined by its downtown; and Bozeman is fortunate to have
a healthy downtown. He further noted that the older buildings in the community have
concerned him over the years, both from a maintenance and a safety standpoint; and he feels
that this program will help to ensure the retention of a beautiful and healthy downtown.
Commissioner Youngman pointed out that the urban renewal program and tax increment
financing have been the subject of substantial discussion over the past few weeks. She then
. stated her support for adding parking to the list of items in the resolution.
It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the
Commission direct staff to add reference to parking to Commission Resolution No. 3046 and
bring it back in two weeks for adoption. The motion carried by the following Aye and No vote:
those voting Aye being Commissioner Stueck, Commissioner Frost, Commissioner Youngman,
Commissioner Stiff and Mayor Vincent; those voting No, none.
At Mayor Vincent's request, the City Attorney reviewed the process which will be
followed. He noted that after the Commission adopts Commission Resolution No. 3046 in two
weeks, Assistant City Manager Brey will seek direction on how to proceed with the urban
renewal plan and program. Once the plan is developed, the Planning Board will have sixty days
. to review it, conduct a public hearing, and forward a recommendation to the Commission. The
Commission will then conduct its public hearing on the plan, and make the final decision.
02-21-95
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Public hearina - Conditional Use Permit - Town PumD. Inc.. & Affiliates for Bozeman Holding
L.L.C. - allow construction of two casino structures servina alcoholic beverages: variances from
Section 18.30.050. 19.30.060.D.. and 18.50.120.F. - Tract 1A. COS No. 1364. located in
the NE ~. SE ~. Section 11. T2S. R5E. MPM
This was the time and place set for the public hearing on the Conditional Use Permit as
requested by the Town Pump, Inc., and Affiliates for Bozeman Holding L.L.C., under
. Application No. Z-94143, to allow construction of two casino structures serving alcoholic
beverages, and variances from Sections 18.30.050, to encroach 2 % feet into the required 25-
foot front yard setback, 18.50.060.0., to encroach up to 27 feet into the required 35-foot
streambank setback, and 18.50.120.F., to reduce the required number of parking spaces by
one, on Tract 1 A, Certificate of Survey No. 1364, located in the Northeast one-quarter,
Southeast one-quarter, Section 11, Township 2 South, Range 5 East, Montana Principal
Meridian. The subject site is more commonly located at 2401 West Main Street.
Mayor Vincent opened and continued the public hearing to March 6, to allow the
Planning Board an opportunity to conduct its public hearing.
Public hearina - Zone MaD Amendment - R-3 to R-MH - Garv Oakland - 16.1 acres located in
. the SW~. Section 16. T2S. R5E. MPM (east of Gooch Hill Road. adiacent to and southeast of
Kina Arthur Mobile Home Park) (Z-94139)
This was the time and place set for the public hearing on the Zone Map Amendment
requested by Gary Oakland, under Application No. Z-94139, to change the zoning from "R-3",
Residential--Medium-density, to "R-MH", Residential--Single-family Mobile Home, for 16.1 acres
located in the Southwest one-quarter, Section 16, Township 2 South, Range 5 East, Montana
Principal Meridian. The subject property is more commonly located east of Gooch Hill Road,
adjacent to and southeast of King Arthur Mobile Home Park.
Mayor Vincent opened the public hearing.
Assistant Planner Lanette Windemaker presented the staff report. She stated that the
subject property is the subject of an approved preliminary plat, for Westview Park Subdivision,
. under which 71 housing units, including 21 single-family, 16 duplex, 2 tri-plex and 3 four-plex
units, would be constructed on 42 lots. Access to the subject parcel is from Chestnut Avenue
and Dogwood Drive, in the Rea Subdivision. This preliminary plat approval is valid until May
17,1996.
02-21-95
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The Assistant Planner stated that this requested zone map amendment has been
reviewed in light of the twelve criteria contained in Section 76-2-304, Montana
Code
Annotated; and staff's findings are contained in the written staff report which was previously
included in the Commissioners' packets. She briefly highlighted some of those
findings,
. summarizing them by stating that staff finds that the proposed new zoning is in general
compliance with those twelve criteria and recommends approval.
The Assistant Planner stated that at its public hearing held on November 1, 1994, the
City-County Planning Board received the staff report and pUblic testimony, after which it voted
to recommend approval of the requested zone map amendment.
Ms. Holly Brown, attorney representing the applicant, noted that she submitted the
application for this requested zone map amendment, on behalf of her client. She emphasized
the need for additional mobile home sites in the Bozeman area, noting that approval of this
application will allow for the expansion of the King Arthur Mobile Home Park. She noted that
the subject parcel is to be served through the existing Rea Subdivision County Sewer and
Water District.
. Mr. Gary Oakland, applicant, stated he has owned the King Arthur Mobile Home Park
for approximately twelve years. He noted that two previously-approved expansions of the park
have already occurred; and he is excited about the prospects of another expansion to allow
additional capacity for affordable housing.
Mr. Oakland enumerated the changes which have occurred in manufactured housing
over the past few years, noting that this type of housing now provides a viable alternative for
those seeking affordable housing. He noted this is particularly true in Bozeman,
where the
average home costs between $125,000 and $150,000; but a mobile home can be purchased
for $40,000 to $60,000.
Mr. Oakland stated he anticipates that the lots in the new portion of the mobile home
park will be evenly divided between double-wide and single-wide; and those homes will be able
. to use the facilities which have been constructed with the previous phases of the park, I.e., the
club house, swimming pool and laundry facilities.
Mr. Oakland stated that the King Arthur Mobile Home Park is currently served by the
Rea Subdivision Water and Sewer District; and there is adequate capacity to serve this subject
16-acre parcel as well. He then encouraged the Commission to approve this requested zone
02-21-95
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map amendment, noting that this is an ideal location in which
to provide additional
opportunities for affordable housing.
Mrs. Kathy Fletcher, 3315 Stucky Road, read a letter into the record in which she and
her husband forwarded several concerns regarding the proposed rezoning and subsequent
. development. She expressed concern that the proposed R-MH zoning will result in a
substantially greater influx of children than would be encountered under the R-3 zoning,
particularly since an irrigation canal runs along the eastern property line. Mrs. Fletcher stated
that the subject parcel has been planned for R-3 development for many years; and she believes
that is the most appropriate type of development for the area, particularly since it is adjacent
to the Rea Subdivision.
Mrs. Fletcher stated that she and her husband own the property abutting the subject
parcel on two sides. They have run cattle on that property for several years, as did the
previous owners; however, children living in the area are becoming more and more destructive,
tearing down the fences, leaving gates opening, and shooting and killing cattle with BB guns
and arrows. She stated that they are trying to sell the property because it is no longer
. beneficial to them; however, approval of this requested zone map amendment will leave the
parcel landlocked and, therefore, unmarketable. She then asked the Commission to not act on
this application immediately, but allow them an opportunity to address the problems which
have been raised.
Mr. Bob Ingram, 5743 Boxwood Drive, stated he is also concerned about the dangers
which the pond could create with more children and more people living in the immediate area.
He then stated that, as a resident of Rea Subdivision, he is concerned about the impacts which
an expansion of the mobile home court may have on Minder Park, which was dedicated with
the Rea Subdivision. He noted that, as a member of the Rea Subdivision Water and Sewer
District board, he is concerned about the impacts which expansion of the mobile home park will
have on their systems. He noted that at the present time, they have three lagoons, all of which
. are leaking and need to be relined to meet standards. He questioned whether the addition of
customers will require the opening of a fourth lagoon. He expressed concern about the
additional traffic that will be generated, cautioning that he believes the proposed R-MH zoning
will create greater traffic impacts than the existing R-3 zoning.
02-21-95
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Mr. Ingram cautioned that development of the subject parcel as a mobile home park
could increase the problems with run-off which residents of Rea Subdivision currently
encounter. He feels that development of this parcel will result in the loss of wildlife habitat.
He noted that the drainfield for the Rea Subdivision is located close to the property line; and
. he is concerned that the proposed development could negatively impact it.
Mr. Ingram then noted that the idea of having low units to the east of the Rea
Subdivision is more appealing than the potential for two" or three-story structures that would
block their views, the reason he moved to the subdivision.
Responding to Commissioner Frost, Assistant Planner Windemaker stated that all of the
concerns which have been raised this evening must be addressed before development of the
site may occur. She then stated that the minimum lot sizes in the R-3 and R~MH zones are
essentially the same; therefore, the density will be approximately the same, with the same
number of children and the same traffic impacts. She noted that the next step in the process
will depend on whether the property is to be subdivided into individual lots or divided into lots
for rent, which could trigger a major site plan review rather than a preliminary plat review. She
. cautioned that, in either case, the final decision will not be made by the City Commission.
Break - 8:07 to 8:11 D.m.
At Commissioner Stiff's request, Mayor Vincent declared a break from 8:07 p.m. to
8: 11 p.m., to allow an opportunity to consult with the City Attorney.
Public hearing (continued) " Zone MaD Amendment - R-3 to R-MH - Garv Oakland - 16.1 acres
located in the SW%, Section 16, T2S, R5E, MPM (east of Gooch Hill Road, adiacent to and
southeast of Kina Arthur Mobile Home Park) (Z-94139)
Ms. Holly Brown, attorney representing the applicant, reminded the Commission that
the subject property is already zoned R~3; and the site has been approved for a development
which includes several multi-family structures. She stated that, hopefully, the density
of
. development under the requested R-MH zoning will be less than has been approved under the
existing R-3 zoning. She noted that the concerns which have been raised must be addressed
during the planning process, particularly issues like leaving an adjacent parcel landlocked. She
then reminded the Commission of the need for more affordable housing in Gallatin County and
encouraged approval of this application.
02-21-95
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Since there were no Commissioner objections, Mayor Vincent closed the public hearing.
There were no Commissioner objections to waiving the customary one-week waiting
period for land use decisions, so the Commission proceeded to the motion and vote.
Responding to Commissioner Stueck, City Attorney Luwe stated that, after he has had
. an opportunity to talk to Planning Director Epple and Assistant Planning Director Arkell, he will
report back to the Commission on the process which will be followed for development of the
site.
Commissioner Youngman noted that more mobile home lots are needed in the Bozeman
area. She expressed concern, however, that these additional lots will not relieve the
congestion in existing mobile home parks because this expansion of the King Arthur Mobile
Home Park is to be filled with new mobile homes, purchased from the park owner. She then
stated she would have been more supportive of approving this application if a percentage of
the new lots could have been filled with existing mobile homes which meet stringent quality
standards rather than requiring that new mobile homes be set on the lots.
Mayor Vincent stated his support for the requested zone map amendment; however,
. he also recognized that several legitimate concerns have been raised. He noted the importance
of addressing those concerns during future review processes, to ensure that the site is
appropriately developed.
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the
Commission approve the Zone Map Amendment requested by Gary Oakland, under Application
No. Z-94139, to change the zoning from "R-3", ResidentialnMedium-density, to "R-MH",
ResidentialnSingle-family Mobile Home, for 16.1 acres located in the Southwest one-quarter,
Section 16, Township 2 South, Range 5 East, Montana Principal Meridian. The motion carried
by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner
Youngman, Commissioner Stiff, Commissioner Stueck and Mayor Vincent; those voting No,
none.
. City Attorney Luwe stated that staff will bring back an ordinance enacting this zone
map amendment in the near future.
02-21-95
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Public hearing - Commission Resolution No. 3039 - intent to annex 2.526 acres described as
Lots 2 and 13, Gordon Mandeville State School Section Subdivision - 2275 North 7th Avenue
(immediatelv north of old KBMN site)
This was the time and place set for the public hearing on Commission Resolution No.
3039, as approved by the City Attorney, entitled:
. COMMISSION RESOLUTION NO. 3039
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONT ANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF
BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A
TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN
MORE PARTICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID
CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN
THE CORPORATE LIMITS THEREOF.
Mayor Vincent opened the public hearing.
Senior Planner Dave Skelton presented the staff report. He stated that the subject
parcel, described as Lots 2 and 13, Gordon Mandeville State School Section Subdivision, is a
2.526-acre tract of land located along the west side of North 7th Avenue, immediately north
of the old KBMN site and is currently occupied by Pioneer Ready Mix. The applicant, Mr. John
Murdoch, is seeking annexation to obtain municipal infrastructure services, including water and
. sewer, and proposes to relocate the Farm and Ranch Supply retail store to this site, which is
commonly known as 2275 North 7th Avenue. The Senior Planner reminded the Commission
that the property along the east side of North 7th Avenue has previously been annexed; and
annexation of the commercial and industrial properties along the west side of the roadway is
of interest to the City.
Senior Planner Skelton stated that staff has reviewed this application in light of the
eight goals and twelve policies set forth in Commission Resolution No. 2716; and the staff
findings are contained in the written staff report, which was previously submitted to the
Commission. He reviewed those findings, summarizing the report by stating that, since the
property is bounded by city limits on only two sides, it does not meet Goal Nos. 4 and 5; and
since it is smaller than five acres, it does not meet Goal No.3. He stated that the proposed
. annexation is in general compliance with the twelve policies.
The Senior Planner forwarded four conditions which staff recommends be incorporated
into approval of proceeding with the annexation of the subject property:
1. That the applicant provide documentation of waivers of right to protest
the creation of an SID for improvements to Mandeville Lane and Flora
Lane to full City standard streets;
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2. That the applicant provide documentation of a waiver of right to protest
the creation of an SID for signalization improvements at the intersection
of North Seventh Avenue and Mandeville Lane/Griffin Drive;
3. That the applicant shall provide usable water rights, or cash-in-lieu
thereof, in an amount determined by the Director of Public Service at
the time the Annexation Agreement is signed; and
. 4. That the applicant provide a legal metes and bounds description,
completed by a Montana licensed surveyor, of the annexation request,
identifying the general area of the parcel in question and the adjacent
public road rights-of-way (i.e., North Seventh Avenue/US Highway No.
10 and Flora Lane).
The Senior Planner stated the applicant's representative is unable to attend this public
hearing; however, he has forwarded his concurrence with the recommended conditions for
annexation via a telephone call earlier today.
Since there were no Commissioner objections, Mayor Vincent closed the public hearing.
It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the
Commission direct staff to prepare a resolution of annexation upon applicant's satisfaction of
Condition Nos. 1 through 4 and execution of the annexation agreement. The motion carried
by the following Aye and No vote: those voting Aye being Commissioner Youngman,
. Commissioner Stiff, Commissioner Stueck, Commissioner Frost and Mayor Vincent; those
voting No, none.
Public hearing - Commission Resolution No. 3040 - intent to annex 1.0 acre located in the
NE %. SE %. Section 31. T1 S. RGE. MPM - 1233 Story Mill Road (west side of Story Mill Road
between Bridaer Drive and Mcllhattan Road)
This was the time and place set for the public hearing on Commission Resolution No.
3040, as approved by the City Attorney, entitled:
COMMISSION RESOLUTION NO. 3040
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONT ANA, DECLARING IT TO BE THE INTENTION
OF THE CITY OF
BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A
TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN
MORE PARTICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF THE
. SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT
WITHIN THE CORPORATE LIMITS THEREOF.
Mayor Vincent opened the public hearing.
Associate Planner/Urban Designer Patrick Morris presented the staff report. He stated
the subject 1 .O-acre parcel is located along the west side of Story Mill Road between Bridger
Drive and Mcllhattan Road. He noted that the subject parcel is currently
zoned M-1, Light
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Manufacturing, and currently contains one single-family residence. The applicant has indicated
a willingness to seek a zone map amendment, if necessary, to a residential designation.
Associate Planner Morris stated that staff has reviewed this application in light of the
eight goals and twelve pOlicies set forth in Commission Resolution No. 2716; and the staff
. findings are contained in the written staff report, dated November 15, 1994, which was
previously submitted to the Commission. He summarized those findings, stating
that this
application is in general compliance with most of the goals and policies. He noted the property
is bounded by the city limits on three sides; is located within the urban service boundary, with
City services readily available; and will benefit the transportation system through the dedication
of right-of-way and signing of waivers of right to protest for improvements to Story Mill Road.
The Associate Planner forwarded
four conditions which staff
recommends be
incorporated into approval of proceeding with the annexation of the subject property:
1. The property owner shall provide useable water rights, or cash-in-lieu
thereof, in an amount determined by the Director of Public Service at
the time the Annexation Agreement is signed.
2. The property owner shall provide and file with the Gallatin County Clerk
. and Recorder's Office an executed waiver of right to protest the
creation of SID's for the following improvements:
a. Street improvements to Story
Mill Road, including
paving, curb/gutter, sidewalk
and storm drainage.
b. Signalization improvements
at the intersection of Story
Mill Road and Bridger Creek
Drive.
The waiver shall specify that in the event SID's are not utilized for the
completion of these projects,
the property owner shall agree to
participate in an alternative financing method for completion of said
improvements on a fair share, proportionate basis as determined by
square footage of the property, linear front footage of the property,
taxable valuation of the property, or combination thereof. A copy of the
document shall be submitted with the Annexation Agreement.
3. The applicant shall, at the time the Annexation Agreement is signed,
provide documentation of a legal easement held in perpetuity for the
purpose of providing sewer service line access from the northwest
corner of the subject property to the sewer main located within the
. Bridger Creek right-of-way.
4. The applicant shall provide a mylar map, suitable for filing, of the
annexation area which is acceptable to the Director of Public Service.
Mr. Rick Pope, applicant, encouraged Commission approval of this application.
No one was present to speak in opposition to the requested annexation.
Since there were no Commissioner objections, Mayor Vincent closed the public hearing.
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It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that the
Commission direct staff to prepare a resolution of annexation upon applicant's satisfaction of
Condition Nos. 1 through 4 and execution of the annexation agreement. The motion carried
by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner
. Stueck, Commissioner Frost, Commissioner Youngman and Mayor Vincent; those voting No,
none.
Continued discussion - decision on DroDosal from James Duncan and Associates to add a
sUDDlemental aareement to the County's imDact fee study for the City's transDortation imDact
fee study in the amount of $25.000
City Manager Wysocki stated he is concerned that the staff, upon clear direction from
the Commission, requested a proposal from Mr. Duncan for a supplement to the County's
impact fee study agreement to add the City's transportation impact fee, to ensure coordination
of the two governmental efforts.
Commissioner Stueck noted that the Commission has, through almost unanimous
agreement, decided that water, sewer and transportation impact fees are essential; and police
. and fire received a high number of votes as well. He does not feel that the City is getting
enough credit for the work that has been done by staff, suggesting that the fee should possibly
be cut in half. He also questioned what developing the other impact fees will cost if this one
costs $22,500. He noted that. while he agrees with the fact that the Commission directed
staff to proceed in this direction, he is not comfortable with the cost.
City Manager Wysocki stated that a fire impact fee is already in the agreement which
the County has signed; and the City has contributed $5,600 for that portion of the study.
Commissioner Frost stated he feels it is important to work with the County whenever
possible, particularly on an important project like this. He then asked what the next step is if
the Commission does not accept this proposal.
Responding to Commissioner Youngman, the City Manager stated that the County
. Commission is the body which questioned whether an impact fee developed by City staff would
be legally defensible. He then reminded the Commission that just a few years ago, Director of
Public Service Forbes attended a week-long seminar on developing impact fees and came back
with the feeling that staff could develop legally defensible impact fees by following certain
steps and ensuring that specific questions had been answered.
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City Attorney Luwe noted that one of the factors concerning the County was the
availability of someone to testify on their behalf in the event of a challenge, to lend credibility
to the impact fee structure. He noted, however, there is nothing which prohibits the City from
developing the fee structure in-house, using staff members.
. Commissioner Youngman stated that, in principle, it is good to work with the County.
She Questioned if establishing different transportation impact fees for the City and the County
will create problems.
City Manager Wysocki stated that he anticipates the transportation impact fees will be
different for the City and the County, even if they are developed by the same consultant, due
in large part to the difference in standards. He then cautioned that if
the Commission is
considering a major change in the City's street standards, now may not be the time to develop
an impact fee.
Commissioner Stiff forwarded his confusion about this item, and how the Commission's
action will impact one of its top priority goals, which is to implement impact fees.
City Manager Wysocki
reminded the Commission that
staff had begun the
. transportation impact fee study; then the Commission decided that the City should coordinate
its efforts with the County, through use of its consultant.
Commissioner Youngman expressed concern about the workload that is being placed
on staff, particularly in the Planning, Engineering and Director of Public Service offices.
She
encouraged the Commissioners to be realistic, determine priorities and recognize what can
reasonably be accomplished.
Responding to Commissioner Frost, City Attorney Luwe stated that impact fees can be
implemented at any time, as long as the proper process is followed. He then noted that impact
fees for water and sewer have been in place in Billings for approximately four years; and those
fees were phased in over a period of time.
Mayor Vincent asked if the $22,500 is an offer or if it is the result of negotiations. He
. suggested that if it is an offer, there may be room for negotiation.
City Manager Wysocki cautioned that timing must be taken into consideration.
He
noted that if the consultant is retained, the impact fee study should be complete in September;
and the fees could be in place for the 1996 construction season. He noted that if staff is asked
to complete the work, there is a possibility that the fees will not be in place for the 1996
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construction season; and the City could lose more monies than it would pay to have the study
completed with the consultant.
Responding to questions from Commissioner Stueck, the City Manager estimated that
the facilities plans for water and sewer services should be complete within three to four
. months. He noted that those plans must be completed before work in impact fees for those
activities can be undertaken.
City Manager Wysocki asked that this item be placed on the March 6 agenda for further
discussion and possible reconsideration of the action taken today.
He indicated that, in the
meantime, he will gather additional information for Commission consideration.
Ordinance No. 1397 - amending Section 1 O.32.030.A. 7. of the Bozeman Municipal Code to
provide that the distance for parking from a flashina beacon. stop sign or traffic control sianal
be increased from twenty feet to thirty feet
Included in the Commissioners' packets was a copy of Ordinance No. 1397, as
approved by the City Attorney, entitled:
ORDINANCE NO. 1397
. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING THAT
THE BOZEMAN MUNICIPAL
CODE BE
AMENDED BY REVISING SECTION 10.32.030.A.7 OF SAID CODE, PROVIDING
THAT THE DISTANCE FOR PARKING FROM A FLASHING BEACON, STOP SIGN
OR TRAFFIC CONTROL SIGNAL BE INCREASED FROM TWENTY FEET TO
THIRTY FEET.
City Manager Wysocki reminded the Commission that this ordinance is to bring the
City's ordinances into compliance with the language in Montana Department of Transportation
contracts for North 7th Avenue and to address safety concerns. He then recommended that
the ordinance be provisionally adopted at this time and that it be brought back in two weeks
for final adoption.
It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the
Commission provisionally adopt Ordinance No. 1397 on first reading, increasing the distance
. for parking from a traffic control device from twenty feet to thirty feet, and that it be brought
back in two weeks for final adoption on second reading. The motion carried by the following
Aye and No vote: those voting Aye being Commissioner Stueck, Commissioner Frost,
Commissioner Youngman, Commissioner Stiff and Mayor Vincent; those voting No, none.
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Authorize Mayor to sign - EmDloyment Agreement with City Manager
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the
Commission authorize and direct the Mayor to sign the Employment Agreement with the City
Manager for Calendar Year 1995. The motion carried by the following Aye and No vote: those
. voting Aye being Commissioner Frost, Commissioner Youngman,
Commissioner Stiff,
Commissioner Stueck and Mayor Vincent; those voting No, none.
Ordinance No. 1398 - setting salarv for City Manaoer for Calendar Year 1995
Included in the Commissioners' packets was a copy of Ordinance No. 1398, as
approved by the City Attorney. entitled:
ORDINANCE NO. 1398
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, FIXING THE MONTHLY SALARY AND OFFICIAL BOND OF THE
CITY MANAGER OF THE CITY OF BOZEMAN, AS REQUIRED BY LAW.
It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the
Commission provisionally adopt Ordinance No. 1398 on first reading, setting the City
. Manager's salary for Calendar Year 1995, 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 Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost and
Mayor Vincent; those voting No, none.
ADDointment to Desion Review Board
It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that the
motion placed on the table at the February 6 meeting be removed. The motion carried by the
following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Stueck,
Commissioner Frost, Commissioner Youngman and Mayor Vincent; those voting No, none.
The motion removed from the table was: "It was moved by Commissioner Stiff that
. Lowell Springer be appointed to replace Richard Parrish on the Design Review Board, with a
term to expire on June 30, 1997. Mayor Pro Tempore Stueck
yielded the gavel to
Commissioner Youngman and seconded the motion." Following discussion, the Commissioners
voted on the motion; and the motion failed by the following Aye and No vote: those voting
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Aye being Commissioner Stiff and Commissioner Stueck; those voting No, none. Commissioner
Frost, Commissioner Youngman and Mayor Vincent abstained.
Discussion - FYI Items
. City Manager Wysocki presented to the Commission the following "For Your
Information" items.
( 1 ) Memo from Commissioner Frost providing clarified wording of the Commission's
goals for Fiscal Year 1995-1996.
(2) Memo from City Attorney Luwe to Planning Director Epple, dated February 2,
in which he indicated that the Clair Daines project must be subjected to the subdivision
process.
Responding to Commissioner Frost, the City Attorney stated that his memo is based
on an Attorney General's opinion that the City is required to follow.
(3) Copy of the May 27, 1994, memo from Assistant City Manager Brey and
Planning Director Epple to the Commission, in which the list of needed studies to supplement
. the master plan is provided.
The City Manager stated this memo is to serve as a reminder of items yet to be
add ressed.
(4) Copy of HB284, regarding the requirements for primary elections.
(5) Notice that there will be no County Commission meeting this week.
(6) Agenda for the Planning Board meeting to be held at 7:00 p.m. on Wednesday,
February 22, in the Commission Room.
(7) Agenda for the Development Review Committee meeting which was held at
10:00 a.m. today in the Commission Room.
(8) Letter from Jennifer Mitchell, Chair of the Study Commission, dated February
8, forwarding their proposal for filling of vacancies.
. (9) Copy of a letter from the US Department of Justice to Chief of Police Larry
Conner, dated February 8, announcing that the City has received monies through the COPS
FAST grant for one additional officer.
(10) Letter from the Citizens to Save Open Space for Bozeman, Inc., dated February
14, regarding the proposed Westfield Subdivision, Phase IV.
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(11 ) List of the legislative bills which various members of the staff are following
through the session.
The City Manager provided an update on some of the bills which he has been actively
following, noting that some of this information was obtained during his trip to Helena at the end
. of last week. Bills for which he provided updates included HB397, HB398, SB52, SB227,
HB399, HB297, HB473 and SB359.
Commissioner Youngman noted that several of the bills in the Legislature could cause
negative consequences for cities. She then asked if a better method of communicating could
be established for the second half of the legislative session so that Commissioners and
interested citizens could better provide input.
The City Manager reminded the Commission that the legislators will begin the mid-
session break tomorrow, and suggested that a meeting could be set for Thursday or Friday so
that the Commissioners can share their concerns with their legislators.
(12) The City Manager submitted his weekly report, as follows. (1) Noted that there
is no flooding in Bozeman Creek at the present time; but the East Gallatin River seems to be
. gorging below the Waste Water Treatment Plant. (2) Attended a meeting on the pedestrian
circulation system for the Walker Planned Unit Development last week. (3) Attended the
MMIA's annual retreat last week. (4) Attended a meeting with the Governor on Friday
regarding legislative concerns. (5) Met with representatives from the School District regarding
the annexation agreement for the Middle School site. (6) Stated that one of the City employees
fell into the water when chopping ice out of Bozeman Creek just over a week ago. He stated
that, to address this type of hazard, he will be asking for monies to drill another two or three
wells to introduce warmer water into the creek to prevent icing from the bottom up.
(13) Commissioner Frost submitted the following. (1) Noted the irony in the fact that
a couple of years ago, staff expressed concern about the negative impacts that a moratorium
would have on the community; however, some of the legislation under consideration in this
. year's Legislature would essentially serve to build walls around a community. (2) Attended the
Design Review Board meeting last week, which was a very productive one. (3) Expressed
concern that, after reviewing the staff goals once again, there do not seem to be any goals
specifically for the Park Department. He noted that one of the issues discussed by the
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Recreation and Parks Advisory Board was surfacing of trails, and their unhappiness with the
wood chips.
(14) Commissioner Youngman submitted the following. (1) Stated she has been
involved in a hectic legislative week, that ended with a victory. (2) Attended the Library Board
. meeting last week. (3) Asked that the list of goals to be used for setting priorities be reduced
to one page, or possibly two if necessary.
( 15) Commissioner Youngman asked for Commissioner feedback on whether they
would be interested in meeting with legislators this week, noting that she would be.
Commissioner Stiff stated he is meeting with the legislators, if he is in town.
Mayor Vincent stated a willingness to meet with legislators. He cautioned, however,
that some of the legislators may not be in town.
Commissioner Stueck stated he would be available to meet any time except Friday.
(16) Commissioner Stiff stated that he attended the Senior Center Advisory Board
meeting last week, at which possible expansion of the facility to house an adult day care
facility was discussed. He noted that one of the issues raised was whether the Centennial Park
. to the south of the facility is actually dedicated parkland, or if it is just City property.
The City Manager suggested the possibility of considering the construction of a second
senior center in the community, instead of continuing to expand the one existing facility.
( 17) Commissioner Stiff expressed concern about the reduction of goals from the 31
submitted by the individual Commissioners to just 18, as suggested by both Commissioner
Frost and Commissioner Youngman. He stated his strong preference for establishing a priority
order for all 31 goals rather than the 18 goals, as suggested. He expressed concern that
through some of the proposed goals, Bozeman could become more like Boulder, Colorado,
where the lower income people have had to move to neighboring communities; and he is
concerned about the negative impact that those goals may have on the development of more
affordable housing.
. (18) City Attorney Luwe stated that the hearing on the appeal of the City Court
decision in the City vs. Yankowski begins tomorrow in District Court.
He reminded the
Commission that the case is for trespass, stemming from an incident in which Mr. Yankowski
disrupted a mother/daughter meeting.
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(19) Clerk of the Commission Sullivan stated that the revised list of goals will contain
19 goals, in response to Commissioner Stueck's request that replacement of the Mystic Lake
Dam be placed on the list.
Commissioner Youngman suggested that is already covered in the one of the 18 goals
. listed; Commissioner Stueck stated that is acceptable, as long as it is understood by all
Commissioners.
Adjournment - 10: 1 0 c.m.
There being no further business to come before the Commission at this time, it was
moved by Commissioner Frost, seconded by Commissioner Stueck, that the meeting be
adjourned. The motion carried by the following Aye and No vote: those voting
Aye being
Commissioner Frost, Commissioner Stueck, Commissioner Stiff, Commissioner Youngman and
Mayor Vincent; those voting No, none.
. ATTEST: J
/) /~
~~
ROBIN L. SULLIVAN
Clerk of the Commission
.
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