HomeMy WebLinkAbout1994-08-15 ccm
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
August 15, 1994
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. The Commission of the City of Bozeman met in regular session in the Commission
Room, Municipal Building, August 15, 1994, 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 - Special meetings of Julv 12, 15, 19 and 22, 1994
It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the
minutes of the special meetings of July 12, July 15 and 19, 1994, be approved as submitted
, and that the minutes of the special meeting of July 22, t 994, be approved as amended. 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.
Continued public hearing - Conditional Use Permit - Springer Group Architects for Richard
Kountz - allow construction of one golf course, with clubhouse. on a 58.18-acre portion of
Section 15. T2S. R5E. MPM (south of Huffine Lane along the east side of Cottonwood Road)
(2-9453)
This was the time and place set for the continued public hearing on the Conditional Use
Permit requested by Springer Group Architects for Richard Kountz, under Application No. Z-
9453, to allow construction of one golf course, with clubhouse, on a 58.18-acre portion of
, Section t 5. Township 2 South, Range 5 East, Montana Principal Meridian. The subject
property is more commonly located south of Huffine Lane along the east side of Cottonwood
Road.
Mayor Vincent reopened the public hearing.
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City Attorney Luwe reviewed his memo dated August 11, which had been included in
the Commissioners' packets. He reminded the Commission that
Mr. Springer had raised a
question about Condition No.2, particularly in light of the recent U,S. Supreme Court decision
in Dolan versus Tigard. He stated that since the public hearing on July 5, he requested a copy
I of that decision and has carefully reviewed it. His recommendations are contained in his memo
of August 11, and include a proposed revised Condition No.2.
Responding to Commissioner Frost, City Attorney Luwe stated that under this revised
condition, the applicant is required to show where the trail is to be located; however, no
dedication or easement is being requested at this time. He suggested that if the subject parcel
is ever subdivided in the future, it may be possible to obtain the trail easement through that
process. He then stated that if the property is not subdivided and if the
applicant does not
agree to selling the property to the City for a trail, condemnation proceedings could be utilized,
if the trail is determined to be in the public interest.
Commissioner Stueck stated that a telephone call to Mr. Jim Smith, First West
Insurance, this morning revealed that a trail across a golf course is a definite "no no" because
I of the potential for injury. He noted that just yesterday, a golfer was hit in the head by a golf
ball and was taken to the hospital. He noted that Mr. Smith's caution was that if the City
mandates something that becomes a liability hazard, the City must hold the owner harmless.
City Attorney Luwe stated that is not an issue to be made in this decision-making
process, but will be addressed under a different process. He reminded the Commission that
under his proposed condition, the City is not mandating that a trail be installed, but that a trail
be shown on the final site plan so that in the future, the City can possibly obtain a trail
easement or dedication. He then stated the Planning Director will be responsible for reviewing
the proposed location of the trail to ensure that it is consistent with the master plan and that
all safety and liability issues are addressed. He noted that
could result in locating the trail
around the periphery of the golf course rather than through it.
I Responding to questions from Commissioner Youngman, Assistant Planner LaneUe
Windemaker reviewed her memo dated July 25, in which she proposed revisions to Condition
Nos. 6 and 10. She stated that a conversation with a representative of the Soil Conservation
Service revealed that if environmentally responsible grasses which require little watering were
used, concerns about the use of pesticides, herbicides and fertilizers could be minimized. She
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stated those grasses could be used for the roughs and possibly for the
fairways. She indicated
that the greens will be planted with the appropriate type of grass, which
does require more
water; however, that should not create any problem.
Responding to Commissioner Youngman, the Assistant Planner stated that
with the
I recommended revisions to Condition Nos. 6 and 10. there is no need to revise Condition NO.5.
No one was present to speak in support of or in opposition to this requested
conditional
use permit.
Since there were no Commissioner objections, Mayor Vincent closed the
continued
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.
It was moved by Commissioner Stueck, seconded by Commissioner Frost,
that the
Commission approve the Conditional Use Permit requested by Springer Group
Architects for
Richard Kountz, under Application No. Z-9453, to allow construction of
one golf course, with
clubhouse, on a 58.18-acre portion of Section 15, Township 2 South, Range
5 East, Montana
I Principal Meridian, subject to following conditions:
1. Development on the artificial lot must be in compliance with the code,
to
include
setbacks, parking, landscaping, and signage;
2. The
final site plan show a 20-foot trail access easement in a location
approved
by the Planning Director;
3. Developer
must obtain written approval from Farmer's Canal Company
for
the proposed handling of the canal's crossing this property prior to
submission
of the final site plan. A 310 permit and/or any other
applicable
permits must be obtained prior to final site plan approval;
4. The
developer shall file with the Gallatin County Clerk and Recorder's
Office,
prior to final site plan approval, an executed waiver of right to
protest
the creation of SID's/RID's for the signalization of the Huffine
Lane
(U.S. 191) and Cottonwood Road. A copy of the final documents
must
be submitted to the Planning office prior to the final site plan
approval;
5. The
use of pesticides, fertilizers, insecticides and/or other chemicals for
I maintenance
of the golf course shall be in compliance with all applicable
local, state, and federal guidelines;
6. The developer shall obtain an on-site investigation,
by a qualified
authority,
which delineates wetlands prior to final site plan approval.
Any
wetlands shall be identified on the final site plan and if necessary,
a wetlands
permit shall be obtained from the Corps of Engineers;
7. Developer
must obtain an encroachment permit from the Gallatin County
Road
Office;
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8. Drainfield
must be approved by the Gallatin County Sanitarian;
9. Future
improvements to the site will require the reassessment of the
adequacy
of the fire protection. For future fire protection, the final site
plan
should indicate how emergency access to the nearest water fill site
can
be provided;
10. The
landscaping plan must be prepared and certified in accordance with
I the
code. The landscape plan must include tabulation of landscaping
requirements and enhancements for the artificial
lot. The developer shall
utilize a majority of environmentally responsible
plantings, to include
trees, shrubs and grasses.
The environmentally responsible plantings
shall
be as recommended by the Soil Conservation Service for each soil
type
on the site;
11. Seven
copies of the final site plan containing all of the conditions,
corrections,
and modifications approved by the City Commission shall be
submitted
for review and approval by the Planning Director within six
months
of the date of City Commission approval. Signed copies shall be
retained
by the City departments represented on the Development
Review
Committee, and one signed copy shall be retained by the
applicant;
12. The
applicant shall enter into an Improvement Agreement with City to
guarantee
the installation of required on-site improvements at the time
of final
site plan submittal. Detailed cost estimates, construction plans
and
methods of security shall be made a part of that agreement;
13. A building
permit must be obtained within one (1) year of final site plan
approval.
Building permits will not be issued until the final site plan is
, approved.
No site work, including excavation, may occur until a building
permit is issued;
14. If occupancy of the structure or commencement
of the use is to occur
prior
to the installation
of all improvements, the
Improvements
Agreement
must be secured by a method of security equal to one and
one-half
times the amount of the estimated cost of the scheduled
improvements
yet installed. Said method of security shall be valid for a
period
of not less than twelve (1 2) months; however, all on-site
improvements
shall be completed by the applicant within nine (9) months
of occupancy
to avoid default on the method of security;
15. That
the right to a use and occupancy permit shall be contingent upon
the
fulfillment of all general and special conditions imposed by the
conditional
use permit procedure;
16. That
all of the special conditions shall constitute restrictions running with
the
land use and shall be binding upon the owner of the land, his
successors
or assigns;
17. That
all conditions specifically stated under any conditional use listed in
I this
title shall apply and be adhered to by the owner of the land,
successors or assigns; and
18. That all of the special conditions shall be consented
to in writing by the
applicant.
The motion carried by the following Aye and No vote: those voting Aye
being Commissioner
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Stueck, Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Vincent;
those voting No, none.
Status reDort re closure of Perkins Place
, Mayor Vincent asked that comments be limited to new information, since the
Commission has received considerable input to date.
Neighborhood Coordinator/Grantsperson James Goehrung reviewed the contents of his
memo dated July 18. Attached to that memo was a drawing showing the amount of right-of-
way needed to provide the cul-de-sacs needed in conjunction with the installation of a
barricade. He stated those drawings reveal the need to acquire one 18-foot by 1 aD-foot strip
or two 9-foot by 100-foot strips along the existing 3D-foot right-of-way.
The Coordinator reminded the Commission that its decision to allow closure of the street
on a temporary basis was contingent upon acquisition of an easement for a turn-around. He
has contacted the nine property owners at essentially mid-block; and he has received either
negative responses or no response, with one property owner indicating a willingness to give
. the needed property for a turn-around. The problem is that the lot is only 50 feet wide; and
100 feet of length is needed to meet standards.
Commissioner Frost noted that the drawings for alternatives show that only 50 feet of
length would be needed for a hammerhead turn-around.
Coordinator Goehrung responded, while that is true, to complete the maneuver, an
additional right-of-way would be needed on the Church side of the street to accommodate the
backing maneuver which completes the turn around; and no property owner on that side of the
street has indicated a willingness to give up the amount of back yard that would be required
to do so, since it would be greater than the length of a garbage truck or fire truck.
Neighborhood Coordinator Goehrung suggested one remaining option is a chicane, which
is used in Seattle. In that instance, a barricade is placed in the street, so that vehicles cannot
, go around the ends; and a sharp curve is then installed at one end of the barricade to allow
traffic around. This turning maneuver slows traffic dramatically. In this instance, there may
be only enough right-of-way to install a one-way road around the end of the barricade.
He
expressed concern that, while this maneuver might slow traffic in the middle and discourage
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unnecessary traffic, it could result in people traveling faster toward the ends of the street to
make up the time lost.
Commissioner Stueck questioned, if a barricade is installed at mid-block and dead-end
signs are installed at Lamme and Peach, why it would be necessary to provide a turn-around
at the barricade.
, City Manager Wysocki reminded the Commission that garbage trucks must regularly use
this street, and must have an area to turn around. Also, if a fire truck or other
emergency
vehicle goes in the wrong end, it is important that the vehicle be able to turn around quickly
and go to the other end of the street. He noted that this is not a normal width street; however,
it is not an alley.
Neighborhood Coordinator Goehrung stated that Mr. Rudy Svehla has retained Ms. Lisa
Banick as his attorney; and she is present to address the Commission. He then requested that
the Commission take action on this item, so that he can make the necessary arrangements to
have the closure complete before winter, if that is the Commission's direction.
Commissioner Stueck suggested that jf a locked gate were installed, employees on the
I garbage trucks and emergency vehicles could unlock it and go through; and the smaller vehicles
would then require a smaller turn-around.
Commissioner Frost suggested this item should be submitted to the Director of Public
Service for his review and recommendations before the Commission takes action.
He also
suggested an alternative might be a redesign of the street, with bollards installed periodically
to reduce the width of the street, thus slowing traffic.
Commissioner Youngman stated her preference for a gate, noting that emergency
vehicles could go through it if necessary.
City Attorney Luwe cautioned the Commission that the Fire Marshal had submitted a
letter stating opposition to the closure of this street. He noted that operators
of emergency
vehicles are often required to make split-second decisions; and if they make a wrong decision,
, then they must determine whether to proceed through a locked gate or not. He then suggested
that any selected option for closure of the street should be forwarded to the Fire Department
for comment prior to making a final decision.
Commissioner Stiff stated he feels the Commission seems to be working too hard to
make this closure work. He noted the Commission's decision was to approve closure of the
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street, if adequate turn-a rounds could be obtained.
He stated that at this time, he feels the
Commission should resolve the issue instead of pursuing multiple options.
Mr. Rudolph Svehla, 419 East Lamme Street, stated his desire is simply to reduce the
amount of traffic on Perkins Place; and installation of a gate seems
the cheapest and most
, effective alternative. He stated that at the present time, there is unnecessary traffic and traffic
which travels too fast. He then suggested the possibility of the City
purchasing a 50-foot-wide
lot from Perkins Place to North Rouse Avenue, noting that some type of
access could then be
provided to Rouse in conjunction with closure of Perkins Place at approximately
mid-block.
Mr. Svehla stated he does not believe that Perkins Place is a street, particularly since
all of the utilities are located underground and above ground along this
road. He further stated
he does not believe any trucks should use Perkins Place, but that an
alternative route should
be found.
Mayor Vincent noted that any Commission action must be in accordance with rules and
regulations. He then stated that at this time, the Commission has all
of the information it needs
upon which to base its decision, noting an interest in having the Director
of Public Service
I review that information and forward a recommendation upon which the Commission may take
action.
Ms. Lisa Banick, attorney representing Mr. Svehla, stated a willingness to work with
City staff in an attempt to find a reasonable way to address this issue.
Mayor Vincent requested this item be placed on an upcoming agenda, possibly August
29, for action.
Reauest from Parking Commission to expand membership from five to UP
to seven members.
Included in the Commissioners' packets was a memo from Clerk of Commission Sullivan,
dated August 12, and the minutes of the Bozeman Parking Commission meeting
of August 6.
Included in the minutes was a request to the City Commission that they
exercise the statutory
, provision for up to seven members on the Parking Commission; and included
in the Clerk's
memo was the name of one applicant for the Parking Commission.
City Attorney Luwe stated that if the Commission acts favorably on the Parking
Commission's request, staff will bring back a resolution enacting the
change, for consideration
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at next week's meeting. He then suggested that if the Commission does act affirmatively on
the request, an appointment can be made at this time.
It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the
Commission approve the request forwarded by the Parking Commission for expansion of its
I membership from five members to up to seven members. 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.
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the
Commission appoint Bruce D. McCallum to the Parking Commission, with an initial term to
expire on June 30 1997. 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. 1387 - settina salaries for Commissioners. effective July 1. 1994
Included in the Commissioners' packets was a copy of Ordinance No. 1387, as
I approved by the City Attorney, entitled:
ORDINANCE NO. 1387
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING ORDINANCE NO. 1295, FIXING THE SALARIES OF THE
CITY COMMISSIONERS AND MAYOR OF THE CITY OF BOZEMAN, MONT ANA,
IN ACCORDANCE WITH SECTION 2.04.070 OF THE BOZEMAN MUNICIPAL
CODE.
Commissioner Stiff noted that the Commissioners had previously approved an increase
in their salaries from $80 per week to $90 per week; however, this ordinance reflects that
increase in a monthly format. He noted that calculations reveal that, while
the change in
format has been made, the figures are accurate. He then suggested
that the new provision
regarding deductions in pay for unexcused absences be amended to state that $150 will be
deducted from the Mayor's salary for an unexcused absence. He noted this is in the same ratio
I between Commissioners and the Mayor as the monthly pay. The Commissioners concurred in
this proposed revision.
It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the
Commission adopt Ordinance No. 1387 on first reading, as amended, setting the salaries for
the Commissioners as of July 1, 1994, that it be brought back in two week for final adoption.
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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.
I Discussion - FYI Items
City Manager Wysocki presented to the Commission the following
"For Your
Information" items.
( 1 )
Tentative agenda for the Montana League of Cities and Towns Conference to be
held in Butte on October 5 through 7, 1994.
(2) Letter
from Don Bachman, 109 North Broadway, dated August 10, regarding the
Housing Task Force recommendations.
(3) Letter
from F.R. Gilskey, 1103 West Dickerson Street, dated August 9, to
Commissioner Youngman, regarding the residential parking district.
(4) Letter
from several past presidents of the Bozeman Soroptimist Club asking that
the name Downtown Bozeman Soroptimist Park be retained on the park at
the corner of South
Rouse Avenue and East Main Street.
I The City Manager noted that when the Downtown Bozeman Association took
over the
maintenance of the park, they requested a change in the name of the park,
which was denied.
Responding to Commissioner Stiff, the City Manager stated he does not
believe any
action is required, since the name of the park is already Soroptimist
Park.
(5) Proposed
letter to the members of the Housing Task Force, as prepared by
Commissioner Youngman.
Commissioner Youngman stated she has another copy of the memo for the
Commissioners to sign if they concur; the Commissioners agreed and signed
the memo.
(6) Letter
from Sylvia Miller, dated August 4, regarding the housing task force
recommendations.
I (7) Letter from M. Lawrence Bayern, 408 West College Street, dated August 11,
encouraging the Commission to remove parking from South 8th Avenue.
(8) Letter
from Alice Tor, 1005 Durston, dated August 11, regarding the proposed
improvements to Durston Road.
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(9) Letter from Christine Torgrimson, 607 West Lamme, dated August 3, regarding
the problems which pedestrians face in this community.
(10) Letter from Jennifer Knickerbocker, 222 North Wallace Avenue, dated August
4, regarding the proposed change of the one-way streets.
I ( 11 ) Letter from the Montana Department of Transportation, dated July 29, regarding
the 1995 State Transportation Improvement Program (STIP).
( 12) Information sheet from the Chamber of Commerce bulletin, providing
statistics
on the business climate in Bozeman.
Commissioner Stueck noted that in Belgrade, the average sales price of a home jumped
from $67,224 to $74,265 in the past year, which represents a 10 percent increase.
He
expressed concern that the problem of affordable housing is now spreading from Bozeman to
the adjacent communities, further compounding the problem.
( 13) Agenda for the County Commission meeting to be held at 1 :30 p.m.
on Tuesday,
August 16, at the Courthouse.
(14) Agenda for the Highway Commission meeting to be held in Billings on Thursday,
I August 25.
( 15) Agenda for the Development Review Committee meeting to be held
at 10:00
a.m. on Tuesday, August 16, at the Carnegie Building.
( 16) Agenda for the City-County Planning Board meeting to be held at
7:00 p.m. on
Tuesday, August 16, in the Commission Room.
( 17) Final listing of the transportation projects to be funded through
a general
obligation bond issue, dated August 9, along with a corrected listing dated August 15.
Responding to questions from Commissioner Youngman, the City Manager stated he
feels it is appropriate to move the monies from the South 15th Avenue project into the Front
Street project, where it can be utilized for acquisition of right-of-way, if necessary.
( 18) Copy of the amended Ordinance No. 1386, which will be submitted
for final
I adoption at next week's meeting.
(19) Copy of the amended Commission Resolution No. 2997, which was adopted at
last week's meeting.
(20) The City Manager submitted his weekly report, as follows. (1) Courtesy
tickets
are now being issued in the neighborhood parking district, to those who do not have permits;
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and on September 1, citations will begin. Those who are violating other parking restrictions
within the parking district, such as two-hour parking and yellow curbs, are currently being
issued citations. (2) An eligibility list for firefighters
is currently being developed. (3) Has
asked each bargaining group to select a member to serve on the health insurance committee
e to review the current benefits and prepare a recommendation on future benefits. (4) City crews
are striping crosswalks in anticipation of the school year. (5) Attended the growth forum at
the Holiday Inn on Wednesday.
(21 ) Commissioner Stueck submitted the following.
(1) Attended the Park and
Recreation Advisory Board meeting two weeks ago. (2) Will attend a luncheon with the City
Manager, the Gallatin Development Corporation and Governor Racicot on Wednesday. He is
working with Marilyn Wessell at MSU to possibly set a private meeting with Governor Racicot
later in the day. (3) Updated the Commission on the status
of the West Babcock Park
development, noting that realignment of the ditch and removing top soil from the area which
is to be paved parking lot are scheduled for next week.
(22) Commissioner Frost submitted the following. (1) Attended a satellite
broadcast
I on downtown revitalization, through the National Historic District on Main Street program. (21
Attended the planning session on the green building at MSU on Thursday. He noted that
possible uses and the possible design of the building were discussed. He noted that building
operation costs, when amortized over twenty years, represent only 10 percent of the total
costs of a business operation.
(23) Commissioner Youngman stated she has been receiving telephone calls on
the
critical lands studies and the affordable housing issue. She then asked when the Commission
wishes to discuss the recommendations forwarded by the housing task force.
Following
discussion, the Commissioners set the work session for an evening session on Monday, August
29.
(24) Commissioner Stiff stated he has been receiving telephone calls regarding
the
e affordable housing issue and the transportation issue.
(25) Commissioner Stiff noted that, just before today's meeting, he received
a call
from someone in the northeast neighborhood, who appears to be calling Commissioners one
at a time and inviting them to go on personal tours of the area and providing them with packets
of information. He then expressed his discomfort with the idea of individual Commissioners
08-1 5-94
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meeting with a group, since it is possible that each of the Commissioners
will receive different
information.
Commissioner Youngman stated the group has chosen to invite only one
Commissioner
at a time to avoid the problems encountered when a quorum is present.
She then noted their
e intent is to have the Commissioners view the area before any issues are brought before the
Commission in a public meeting.
Commissioner Stueck stated that if the issues being raised during a site
visit include any
that are to be brought before the Commission, he feels it is illegal
and improper because it is
ex parte communication. He suggested, rather, the issues should be addressed
through staff.
City Manager Wysocki stated he has not been contacted, questioning whether
the
issues being raised should be more appropriately submitted to administration.
Mayor Vincent stated he has gone on the tour, noting that when he campaigned,
he
indicated a willingness to meet with anyone.
He indicated that only a walk through the
neighborhood was involve. In addition, he was given a packet of information,
which he has
not yet reviewed.
I Commissioner Stiff reiterated his concern about conducting Commission business in this
manner. He stated that, while he has no problem with touring a neighborhood,
he does not
want to be guided around the area on an issue that may be coming before
the Commission as
a whole.
Commissioner Stueck concurred, stating that while he has no problem with
touring a
neighborhood by himself, he is concerned about being guided by a representative
of a group.
City Attorney Luwe stated that if the tour includes any projects that
may be coming
before the Commission, enforcement issues or matters of litigation, the
Commissioners should
decline the invitation. He noted, however, that if it is simply a tour
of the neighborhood, the
Commissioners may use their discretion and refuse to discuss matters
which fall into the
categories listed.
e City Manager Wysocki requested a copy of the packet of information being
submitted
to the Commissioners.
Responding to Commissioner Stiff, the City Manager stated that since
three of the
Commissioners have already accepted the invitation, he feels it is important
for Commissioner
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Stueck and Commissioner Stiff to do so, so that all of the Commissioners
are working with the
same information.
Mayor Vincent suggested that the use of situation reports might help
to address some
of the concerns which have been raised.
e (26) City Attorney Luwe submitted the following. (1) Noted that an amended copy
of the ordinance setting the Commissioners' salaries will be submitted
under FYI Items in next
week's packet. (2) Stated that a copy of County Attorney Salvagni's opinion
on impact fees
has been placed in each of the Commissioners' boxes.
(27) Clerk
of the Commission Sullivan submitted the following. ( 1) Reviewed the
agenda for next week's meeting, which includes four public hearings.
(2) Stated she has
distributed copies of the room reservations which she has made for the
League conference.
She requested that the Commissioners forward any changes as soon as possible.
(28) Ms.
Daria Joyner, Executive Director of the Bozeman Area Chamber of
Commerce, stated that the growth forum held last week received good coverage
in the Billings
Gazette. She then noted that the forum has not slowed interest in Bozeman.
She then stated
I that a summary of the survey results will be prepared and distributed.
. (29) Mayor Vincent submitted the following. (1) Participated in the Chamber of
Commerce growth forum on Wednesday. (2) Stated that he feels the number
of telephone calls
and letters he is receiving is a positive sign, reflecting the public's
willingness to provide input
to the Commissioners.
(30) Mayor
Vincent stated his interest in retaining the 3:00 p.m. start time, even after
school starts.
The Commission concurred in retaining the start time. The City Attorney
stated he will
bring back a resolution for Commission action next week.
Consent Items
e City Manager Wysocki presented to the Commission the following Consent
Items.
Deviations from Section 18.65.050(E) - to allow sign to be less than
9 feet
from
around (8 feet 6 inches) and to allow two signs on marauee -
Montana
Trails Gallerv. 219 East Main Street: Der DRB recommendations
(Z-9496)
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Commission Resolution No. 2998 - elace question of $5 million general
obliaation
bond issue to fund soecified transeortation eroiects on ballot
for
November election
COMMISSION RESOLUTION NO. 2998
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING THE CITY'S INTENT TO SUBMIT THE QUESTION OF
e ISSUING GENERAL OBLIGATION BONDS IN THE AMOUNT OF $5 MILLION FOR
IMPLEMENTING A SERIES OF TRANSPORTATION PROJECTS, INCLUDING
DESIGN, AS IDENTIFIED IN THE BOZEMAN URBAN TRANSPORTATION PLAN
1993 UPDATE.
Ratifv
Procurement Officer's (Citv
Manager) uphOld in a of
teleehone
committee
decision re late submittal of best and final offer
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.
I Recess - 4:22 p.m.
Mayor Vincent declared a recess at 4:22 p.m., to reconvene at 7:00 p.m.,
for the
purpose of conducting the scheduled 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.
Continued Dublic hearing - Commission Resolution No. 2955 - intent to
annex 28. 759-acre tract
located in the SW%. SE%. Section 24. T2S. R5E. MPM (west side of South
Third Avenue)
This was the time and place set for the continued public hearing on Commission
e Resolution No. 2955, as approved by the City Attorney, entitled:
COMMISSION RESOLUTION NO. 2955
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN,
THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND
CONTIGUOUS
TO SAID CITY
OF BOZEMAN, AND HEREIN
MORE
PARTICULARL Y DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF
08-1 5-94
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BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE
CORPORATE LIMITS THEREOF.
Mayor Vincent reopened the public hearing.
Assistant Planning Director Debbie Arkell presented the staff report. She stated
the
subject parcel is located along the west side of South Third Avenue, one-third mile south of the
. intersection of South Third Avenue and Graf Street and one-half mile north of the intersection
of South Third Avenue and Goldenstein lane. It is contiguous to the city limits to the east,
across South Third Avenue. The subject parcel is zoned" A-S", Agriculture Suburban; and the
applicant has applied for rezoning to "PU", Public lands and Institutions, with the public
hearing on that application scheduled immediately following this public hearing.
The Assistant Planning Director stated that School District No.7 proposes to construct the new
middle school on this site.
Assistant Planning Director Arkell stated the public hearing on this application was
originally set for March 21, 1994; however, at the School District's request, it has been
continued twice. During that time, representatives from the School District have met with City
staff members to discuss the recommended conditions contained in the staff report. She also
I noted that during that time, the School District requested that the original application, which
involved annexation under contiguous land, be withdrawn, and submitted a new application,
for consideration under the annexation of contiguous government land process. She reminded
the Commission that, following review of that request, staff forwarded a recommendation that
the Commission proceed under the annexation of contiguous land process; and the Commission
concurred in that recommendation by adopting a resolution affirming its previous action.
The Assistant Planning Director stated that staff has reviewed this application in light
of the eight goals and twelve criteria set forth in Commission Resolution No. 2716, and the
detailed staff findings are contained in the written staff report, dated February 10, 1994. She
noted that concern has been expressed about the additional pedestrian traffic which will be
. generated by development of this site as a new middle school; and some mechanism for
enhancing the pedestrian facilities in that area must be considered.
Assistant Planning Director Arkell noted that the Gallagater Trail runs along the
abandoned Chicago, Milwaukee, St. Paul and Pacific Railroad right-of-way. She reminded the
Commission that a 20-foot wide recreation and utility easement was granted in conjunction
08-1 5-94
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with the Morning Star school site; and such an easement should be provided
with this school
site as well.
She also noted that, because of a stream along the western boundary of the
subject parcel, a portion of the site lies within a 1 DO-year floodplain,
which must be depicted
on the final site plan.
e Assistant Planning Director Arkell noted that, since the subject parcel is located 3.2 to
3.5 miles from the nearest fire station, the new school must include
an automatic fire sprinkler
system. She stated that the Director of Public Service has recommended
that sewer to the site
be from the Far West trunk, which is approximately four miles from the
site. She noted that,
while there is a sewer main in Figgins Addition, which is much closer,
the Director is concerned
by that adding the school to the main, bottlenecks could be created when
other subdivisions
within the immediate area are developed. She then noted that the Director
of Public Service
has requested that the applicant be required to provide a looped water
system to the site.
The Assistant Planning Director then summarized the staff findings, as
contained in the
staff report. She noted that this application does comply with Goal Nos.
1, 2/ 3, 7 and 8 and
does not substantially conflict with any goals. While this application
does raise some concerns
I about Policy No.7, if the issues identified in the staff report are adequately addressed, this
application does not substantially conflict with any of the policies.
The Assistant Planning Director then referenced her memo of July 20 (actually,
her
memo dated "July 11,
1994 for your July 25, 1994 meeting"), in which staff has
recommended revisions to some of the issues to be addressed in the Annexation
Agreement.
She then reviewed those items, which are as follows:
1. That
the following rights-of-way be dedicated on the annexation map:
a)
45 feet on the south boundary of the property;
b)
45 feet along the west boundary of the property;
c)
30 feet on the north boundary of the property;
d)
Up to 50 feet for South Third alignment, with exact width
necessary to be determined by the City Engineering Department
and the applicant's
surveyor prior to completion
of the
Annexation Agreement.
e 2. That
the applicant shall execute the following waivers of right to protest
creation of SID's, which 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 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, as an
attachment
to the Annexation Agreement:
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a)
Street improvements to South 3rd Avenue including paving,
curb/gutter, sidewalk and storm drainage.
b)
For reconstructing South 3rd from Kagy south through the east-
west portion of South 3rd (Graf Street extension).
c)
Signalization at South 3rd and Kagy Boulevard.
3. That
a detailed traffic study including the level of service evaluation
assessing
the transportation impacts of the future improvements of the
e site
shall be provided by the applicant, and shall mitigate any significant
impacts identified in the traffic study and complete
any required
improvements necessary to maintain a Level of
Service (LOS) "C" at the
Kagy/Third;
Goldenstein/Third; and
Graf/Wagon Wheel/Third
intersections,
where the traffic study determines the LOS will drop below
LOS
"C" as a result of the project.
4. The
applicant shall participate in the cost of reconstruction of the
intersection
of 3rd/Graf/Wagon Wheel with the apportionment of the cost
based
on the traffic study provided by the applicant.
5. That
a minimum 20-foot wide recreation easement be provided for the
Gallagater
Trail along South 3rd Avenue, if additional easement is
identified
as being needed.
6. That
all floodplain and stream location permitting requirement identified
by the
City' Engineering Department be satisfied prior to issuance of a
building
permit for the site.
7. That
the Montana Department of Health and Environmental Sciences,
Water
Quality Bureau, be contacted by the applicant to determine if an
I erosion/sediment
control permit is necessary, prior to issuance of a
building permit for the site.
8. That the applicant shall extend the water and
sewer mains necessary to
serve the site.
The water main must "loop" in and back to the City
water
main infrastructure. Plans and specifications and a detailed design
report
for water and sewer main extensions must be prepared by a
Professional
Engineer (PE) and shall be provided to and approved by the
City
Engineer and 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. 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.
Minimum
30-foot wide easements for the water and sewer main
extensions
shall be granted to the City of Bozeman, prior to construction
of said
infrastructure. In no case shall the utility be less than 10 feet
from
the edge of the easement.
9. That
the water and sewer main extensions must be constructed to the
e site
prior to construction on the site. Improvements required to the
street and/or sidewalk must be completed prior
to opening the school.
10. That
the Annexation Agreement include a direct participation clause for
financial
participation in the correction of sewer system bottlenecks that
is acceptable
to both the City and the School District. The following
language
is proposed:
Both
parties hereby
recognize that current
capacity problems
(bottlenecks)
exist in that part of the City's sanitary sewer collection
08-1 5-94
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system
proposed to serve this tract of land and other tracts within the
City
limits, upon full development of all served tracts. The City
understands
and agrees that normally it is the obligation of the City to
take
action to eliminate said bottlenecks through construction of
improvements
to the sewage collection system.
Both
parties also hereby recognize and agree that this tract of land is within the
"Far
West Trunk" sewer service area. Said Far West Trunk currently terminates
e at US
191 in Valley Unit Subdivision approximately four miles from this tract of
land. The use of the more proximate sewer trunk
within the Figgins Subdivision
by this tract of land is being proposed for the
convenience of the landowner and
will
exacerbate current capacity problems.
In order
to mitigate the financial impacts of the City of eliminating said
bottlenecks
at a point in time determined solely by the City, the
landowner
hereby agrees
to participate in
the cost of those
improvements
needed to eliminate the bottlenecks. The level of
participation
shall be calculated as a percentage of the costs of such
improvements
to include
design, construction, inspection,
and
engineering
certification at completion.
Said
percentage will be calculated as the ratio of the peak flow from said
tract
of land as it relates to the total peak flows within the sewer at each
bottleneck
at the time of construction of the improvements to eliminate
said
bottleneck.
All
sewer improvements necessary to provide sewer service to this tract
for
its development and use as a school will be done at the sole expense
of the
landowner only after the design of said improvements have been
I reviewed
and approved by the City of Bozeman Engineering Office and
the Montana Department of Health and Environmental
Sciences.
11. That water rights or cash-in-lieu thereof, sufficient
to meet the peak
demands for water after development of the site
be provided to the City
prior
to final acceptance of the annexation agreement. The preliminary
calculations
estimate the need 68 acre-feet per year, with an estimated
cash-in-lieu
amount of $24,601.51.
12. That
the Annexation Agreement include a section that the applicant will
submit
a plan to be
approved by staff that
addresses (a) a
comprehensive
pedestrian facilities needs evaluation for pedestrian
access
to the school site, and (b) a plan and recommendation for
securing
the needed improvements.
13. That
a storm water plan be submitted to the City Engineering Department
for
review and approval that includes sufficient site grading and elevation
information
(particularly for
the basin site),
typical stormwater
detention/retention
basin and discharge structure details, basin sizing
calculations,
and a stormwater maintenance plan. The stormwater
maintenance
plan shall include plans for development of a system
designed
to remove solids, silt, oils, grease, and other pollutants from the
e runoff
from the parking areas. This plan must be approved prior to
issuance of a building permit for the site.
14. That
in the Annexation Agreement, the applicant shall stipulate that in
lieu
of following all applicable zoning regulations, a Site Development
Report
addressing how all conditions placed on the annexation will be
met.
15. That
a written agreement from the applicant to the City stating that all
educational
and commercial structures built on the property will be fully
08-1 5-94
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equipped with an approved fire sprinkler system be submitted prior to
completion of the Annexation Agreement.
16. That an annexation map be provided by the applicant on mylar, no
smaller in size than 18" X 24", that clearly delineates the metes and
bounds description of the parcel, the legal description of the property,
existing public utilities and adjacent developments. Said map shall also
indicate the minimum improvements, rights-of-way and easements
e judged necessary through the analysis conducted by affected City
departments to provide services to the parcel.
Responding to Commissioner Frost, Assistant Planning Director Arkell estimated that,
based on 10 average vehicle trips per day per dwelling unit, and an average of six dwelling
units per acre within an R-2 zoning district, 1800 average vehicle trips per day would be
created by residential development of the subject parcel. She then noted that the proposed
middle school will not generate that much traffic since the students don't drive; however, she
noted that it will generate some bus traffic, which is not generated by a typical residential
development.
Commissioner Frost noted that the school will generate traffic which moves essentially
opposite from traffic generated by residential development.
Ms. Marcelle Quist, attorney representing the Bozeman Schools, distributed a two-page
I memo to the Commissioners. dated August 15. setting forth the reasons that the School
District property should be annexed under the "Contiguous Government Land" section of the
Montana Code Annotated rather than under the "Contiguous Land" section.
Ms. Quist noted that State statutes provide local governments with seven different
methods of annexation. She stated that, while the City of Bozeman
typically uses the
contiguous land process, that is not the only one available and, in this instance, she believes
that the process for annexation of contiguous government land would be more appropriate.
She noted that government land is different because it typically houses a facility which benefits
the community rather than being developed by a developer with a profit motive.
Ms. Quist stated that if Part 44, which provides for the annexation of contiguous
e government land. is used, the issues to be addressed are (1) sound urban development, (2)
governmental services development for protection of health, safety and welfare, (3) extension
of municipal boundaries within legislature standards, and (4) conformation with uniform
legislature standards immediately following annexation.
08-15-94
- 20 -
Ms. Quist noted that, since the School District is a governmental entity, the City realizes
no tax base benefit from annexation of the subject property. She suggested, however, that
annexation under Part 44 allows both governmental entities to work together, for the benefit
of both entities as well as the entire community.
. Ms. Quist stated that annexation under Part 44 is the most appropriate way to approach
this application and requested that the Commission consider this annexation under that portion
of the State statutes.
Dr. Paula Butterfield, Superintendent of Schools, noted some of the cooperative efforts
in which the City of Bozeman and School District NO.7 have been involved in recent years,
including Christie Fields and the Valley Unit land exchange. She
stated that, while she is
concerned about costs and taxes, her primary concern is the children. She estimated that two-
thirds of the children attending this new middle school will be city residents, with the remaining
one-third being from the county.
Dr. Butterfield stated that when the School Board was considering siting of the new
school, members of the City staff testified that the subject site would be a good place for the
I new school and that it would not create negative impacts on traffic flows because traffic would
be moving in the opposite direction from most of the peak hour traffic.
Dr. Butterfield noted that when the School District sought voter approval for a bond
issue to construct the new school, the amount of the bond issue was based on the estimated
costs of that structure. In view of the conditions recommended by staff in conjunction with
this annexation, those costs have increased significantly; and the School District has no way
to fund them except through a reduction in the school building. She stated that alternative is
to remain in the county and construct septic fields and drill a well; however, that is also very
expensive.
Dr. Butterfield concluded by stating that the health, safety and welfare of the children
attending the school are of prime concern. She noted, therefore, she has no problem
with
. installing a fire sprinkler system. She stated, however, the School District cannot afford to pay
all of the costs that will be incurred in addressing all of the items listed by staff.
Mr. Craig McVicker, representing the Bozeman Schools, distributed a three-page memo
to the Commissioners, dated August 14, estimating the financial impact which the proposed
conditions for annexation would place on the School District. He noted that the costs for many
08-1 5-94
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of the items listed are not known, such as the waivers of right to protest the creation of a
future special improvement district for improvements to South Third Avenue. Other unknowns
include the costs of public infrastructure improvements and correcting of sewer system
bottlenecks.
e Mr. McVicker estimated the costs of extending the sewer and water mains at
$262,000; however, approximately $150,000 was budgeted in the projected costs of the
building. He also stated there are no monies included in the budget for the cash-in-lieu of water
rights payment, which is estimated at $25,000.
Mr. McVicker stated that the School District has reached a verbal agreement with the
Gallatin Valley Land Trust for a trail through the subject parcel. He recognized
the need to
provide a safe walkway for the students. He estimated that a walkway from Kagy Boulevard
to the school site, which is approximately 8,000 lineal feet, will cost $90,000. While the costs
of the plan have been accommodated in the budget, no monies have been included for
acquisition of easements or rights-of-way or construction.
Mr. Craig McVicker expressed concern about the requirement that all infrastructure
I improvements be completed before a building permit will be issued. He stated that if the
School District is required to follow this procedure, it could negatively impact the August 1996
occupancy of the structure.
At the Commission's request, Mr. McVicker summarized those costs not anticipated in
the School District's estimate, as follows:
Traffic study $ 20,000
Participation in reconstruction of
Third/Graf/Wagon Wheel 12,500
Extension of sewer and water mains (difference) 120,000
Cash-in-lieu of water rights 25,000
All-weather walkway along South Third 90,000
Responding to Commissioner Stueck, Mr. McVicker stated the School District had
anticipated connecting to the water main which is located at the intersection of South Third
e Avenue and Graf Street. He stated that to provide the desired looping will require that the main
be extended along Wagon Wheel Road to the existing water main in that roadway, which is a
distance or approximately 4,000 feet.
Mr. Mark Refling, School Board member, 2618 Spring Creek Drive, stated he lives close
to the subject property. He stated concurrence with Ms. Quist's assertion that the Legislature
08-1 5-94
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provided a mechanism for annexation of contiguous government land to
address the special
circumstances involved. He stated that is the most appropriate manner
in which to annex this
subject property, noting the one issue to be addressed is whether it
is in the best interests of
the municipality and the inhabitants of the property. He stated that
annexation of the subject
. parcel is in the best interests of the students, two-thirds of whom are city residents, particularly
because of the police protection, fire protection, water, sewer and other
City services provided.
He stated the City will benefit with a much better, more efficient building.
He cautioned that,
even if the site is not annexed, the City will encounter the same impacts
from construction of
the new school.
Mr. Refling then stated that if the School District does extend the water main to create
a looped system, it should be reimbursed by developers who may wish to
tap into that line in
the future.
He noted that the same provision should be made for any sewer line extensions
which the School District may be required to provide.
Mr. Darrell Behrent, 208 Lindley Place, stated support for the requested annexation.
He stated that he served as a part of the committee which prepared the
budget for this new
I middle school; and many of the proposed costs of the annexation were not included in that
budget.
Mr. Behrent noted that when determining the capacity of the water and
sewer lines,
consideration must be given to the times when demands will be placed
on those systems. He
stated that the peak demand times are around 7:00 a.m. and between 5:00
p.m. and 8:00
p.m., which are times when school is not in operation. He suggested,
therefore, the impacts
on those systems may not be great enough to cause any severe problems
in that area.
Mr. Behrent suggested that construction of a new middle school could
dramatically
alleviate some of the traffic impacts that are currently being experienced,
particularly in the
North 11th Avenue area.
He stated that with the construction of a second middle school,
many of the students will be able to walk to school.
. Mr. Behrent suggested that the City can benefit from working with the
School District
in this annexation process. He stated that, no matter which entity bears
the costs, the same
people will actually be paying. He noted the bond issue has already passed;
and it is impossible
for the School District to seek additional monies from that source to
pay the costs being
encountered. He cautioned that to delay construction will result in higher
costs; and the issue
08-1 5-94
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of crowding at the existing middle school must be addressed as quickly as possible.
He
suggested that, by spreading the students out, some of the problems currently being
encountered may be alleviated.
Mr. Bill Dewey, county resident and High School trustee, stated the new school is
e desperately needed. He noted that, as a former resident of Figgins Addition, he recognizes the
existing problems on South Third Avenue; and he does not believe the School District should
be held totally responsible for addressing those problems.
Mr. Lowell Springer, member of the long-range planning committee, emphasized the
importance of the School District and the City working together in a cooperative effort.
He
suggested that the City might participate in the costs of extending the water and sewer lines,
in addition to the payback proposed by Mr. Refling. He also suggested
that through impact
fees and hook-up fees, the City could possibly recover those costs faster than through a
payback based on future development. He then encouraged annexation of the subject parcel,
stating it would be advantageous to the entire community.
Ms. Patty Litle, 3416 Wagon Wheel Road, asked the Commission to carefully consider
I the traffic impacts which the new school will have on the area. She noted the importance of
recognizing those impacts, because they do exist. She then expressed concern about the
speed with which traffic currently moves along South Third Avenue in that area.
Commissioner Stueck asked about the possibility of creating a 15-mile-per-hour zone
for the school; the City Attorney stated that he must research the State statutes before
responding.
Responding to Commissioner Frost, Dr. Butterfield stated the boundaries for the new
school have not yet been established.
At City Manager Wysocki's request, Ms. Marcelle Quist addressed how the Part 44
annexation process would be in the best interests of the community. She stated there is not
money in the School District's budget to pay for the improvements which the City has
e requested in the staff report. She noted that under Part 44, the City and the School District
can work cooperatively to install the improvements, sharing in the costs, rather than placing
the total responsibility on the School District. She emphasized the fact that in this instance,
there is no developer involved, and no benefit in requiring that the School District bear the
entire cost.
08-1 5-94
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City Manager Wysocki noted that the School District has been insistent that the City
annex the subject parcel under Part 44 rather than under Part 43; and it appears the
assumption is that under Part 44 they will not have to meet all of the City's requirements. He
reminded the Commission that if the City participates in the costs, then only city residents will
e pay those costs, while county residents help to pay the costs if the School District is
responsible.
Responding to Commissioner Frost, Mr. McVicker stated that the School District intends
to provide a fire sprinkler system for the school. He stated that if the property is not annexed
and wells are used, the School District must install a storage tank and pumps to provide water
for that system.
Responding to additional questions from Commissioner Frost, Ms. Quist stated that the
City will receive 100 percent of the benefits derived from annexation of the school property,
even though only two-thirds of the students will be city residents. She then stated that Part
44 recognizes that there is never an economic benefit in annexing government land.
Dr. Butterfield stated that the School District has discussed the possibility of a
I $200,000 cash contribution to the City, to be used in whatever manner is determined
appropriate by the City, in conjunction with the annexation of this subject parcel.
Commissioner Frost stated the County will receive benefit from the new school;
therefore, the City will not be receiving 100 percent of the benefit, as Ms. Quist has suggested.
Commissioner Youngman noted that in most budgets, there is a set aside for increased
costs and unanticipated costs. She then asked if such an amount was included in calculations
for this project.
Responding to Commissioner Stueck, Assistant Planning Director Arkell stated that the
sites for the Emily Dickinson school and the Morning Star school were annexed before those
schools were ever planned or constructed; therefore, they were not subjected to this process.
Responding to Commissioner Stiff, the City Manager stated he feels the City could
e provide for a mechanism for paybacks for connections to any water or sewer main extensions
which the School District may complete in conjunction with this annexation.
Respondingto additional questions from Commissioner Stiff, Assistant Planning Director
Arkell stated that in her July 11 memo, the recommended conditions require
that a
comprehensive pedestrian facilities plan be completed; however, it does not require that the
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School District install those improvements immediately. She noted, in fact, the existing asphalt
pathway along portions of South Third Avenue and possibly the linear trail could provide some
of the needed pedestrian links to the new site.
Commissioner Stiff stated that, after a review of the conditions forwarded by staff and
e the comments forwarded by representatives of the School District. it appears the City and the
School District are closer than the School District are representing. He then emphasized the
financial reality that the School District has a broader base from which to obtain revenues than
the City has; and the District must recognize that one-third of the students will not be from
within city limits.
City Manager Wysocki reminded the Commission that the staff has reviewed this
application in light of the existing annexation policy and forwarded comments based on that
review. He then stated that the Commission has the final decision on the requirements for this
annexation.
Responding to the requirement for installation of infrastructure prior to issuance of a
building permit, Dr. Butterfield assured the Commission that no students would be moved into
I the new building without water and sewer services being available.
Assistant Planning Director Arkell cautioned the Commission that discussion of
recommended conditions should be based on her July 11 memo, since those conditions are
different from the conditions contained in the original staff report which was prepared in
February. She then noted that in the new conditions, the requirement to comply with the zone
code has been eliminated.
The Assistant Planning Director then reviewed the reasons why the City requires looping
of water mains. First, looping keeps the water in the line from becoming
stagnant when it
stands, such as during vacations and summers. Second, it provides a more dependable water
supply, with a back-up water source available if one of the water lines becomes disfunctional.
She cautioned that if there is no water, then the fire sprinkler system is no longer functioning;
e and that is a major concern. She then stated that. while no formal applications have yet been
submitted, the owner of the property immediately to the east has submitted a pre-application
for development of that tract. She suggested that if the timing of that development coincides
with construction of the new school, there is a potential for shared costs in that water main
08-1
5-94
...._-,----
- 26 -
extension. The Assistant Planning Director then asked that the Commissioners
keep the
reasons for looping of the water lines in mind when making their decisions.
Responding to Commissioner Frost, the Assistant Planning Director stated that the water
main extension to Emily Dickinson school from the Brentwood Subdivision is a very short one;
e and a blow-off has been provided to ensure that the water does not become stagnant.
Responding to questions from Commissioner Stueck, Assistant Planning Director Arkell
stated that Planning Director Epple attended the School Board meeting at which sites for the
new middle school were discussed and provided written documentation on each of those sites.
She noted, however, that City staff did not favor one site over another.
Responding to Commissioner Frost, the Assistant Planning Director stated a copy of the
information submitted to the School Board can be forwarded to the City Commissioners.
Commissioner Frost also asked Dr. Butterfield to provide copies of the minutes from the
School Board meeting to the City Commission.
City Attorney Luwe entered into the record a copy of his memo dated July 18.
He
reminded the Commissioners that at that time, they adopted Commission Resolution No. 2991,
. reaffirming their intent to proceed with this annexation request under Part 43. He cautioned
that if the Commission wishes to annex the subject parcel under Part 44, as requested by the
School District, the process must be undertaken once again, with a new resolution of intent to
annex and another public hearing.
Dr. Butterfield stated there are contingency funds included in the project estimates;
however, she expressed concern that the extraordinary costs can be extremely damaging to
a project. She then stated that the School District wants to be a good neighbor and work with
the City. She stated that if there are funds remaining after the project is complete, the School
District would then consider assisting the City with some of the impacts not originally covered.
She then expressed concern that she has not received a copy of the memo to which Assistant
Planning Director Arkell has been referring; therefore, it is difficult for her to respond to those
e revised conditions.
Dr. Butterfield then encouraged the Commission to treat the School District as another
governmental entity rather than as a developer. She also encouraged
the Commission to
recognize the benefits which the new school will provide to the community in its decision-
making process.
08-1 5-94
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Since there were no Commissioner objections, Mayor Vincent closed the public hearing.
City Manager Wysocki asked the Commissioners to forward their questions to Assistant
Planning Director Arkell by Thursday. He then asked that this item be placed on the August
29 agenda for discussion.
. Mayor Vincent asked that staff include comments on annexation under Part 43 versus
Part 44 in their response.
Mayor Vincent requested that this item be placed on the August 29 agenda for a
decision.
Continued Dublic hearing - Zone MaD Amendment - A-S to PLI - Bozeman School District No.
7 - COS NO. 482. located in the SWy... SEy... Section 24. T2S. R5E. MPM (west side of South
Third Avenue)
This was the time and place set for the public hearing on the Zone Map Amendment
from "A-S", Agriculture--Suburban, to "PU", Public Lands and Institutions, requested by
Bozeman School District No.7, under Application No. Z-9404, for a 28.759-acre parcel known
as Certificate of Survey No. 482, located in the Southeast one-quarter of Section 24, Township
12 South, Range 5 East, Montana Principal Meridian. The subject parcel is more commonly
located along the west side of South Third Avenue approximately one-quarter mile south of its
intersection with Graf Street.
Mayor Vincent reopened the public hearing.
Assistant Planning Director Debbie Arkell presented the staff report.
She stated that
under this application, the 28.759-acre tract which was the subject of the annexation request
in the above agenda item is to be changed from A-S, Agriculture Suburban, to PLI, Public Lands
and Institutions. The land use designation in the master plan for the subject parcel is public
lands and institutions; and this application is in compliance with the master plan.
The Assistant Planning Director stated that the Planning Board conducted its public
hearing on this application at their regular meeting of March 1, 1994. At that
time, they
. reviewed the application in light of the twelve criteria set forth in the Montana Code Annotated,
taking into consideration the staff findings which have been provided in the written staff report.
She stated that, generally, the Board determined that the requested PLI zoning would be in
compliance with those criteria and, following the public hearing, voted to recommend approval
of the application, contingent upon annexation of the subject parcel.
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Responding to Commissioner Frost, the Assistant Planning Director stated that the
section of the code under which the subject property is annexed will not impact this requested
zone map amendment.
Mr. Craig McVicker, representing the applicant, indicated a willingness to respond to
e questions,
No one was present to speak in opposition to the requested zone map amendment.
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.
It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the
Commissioner approve the Zone Map Amendment from" A-S", Agriculture--Suburban, to "PU",
Public Lands and Institutions, requested by Bozeman School District No.7, under Application
No. Z-9404, for a 28.759-acre parcel known as Certificate of Survey No. 482, located in the
Southeast one-quarter of Section 24, Township 2 South, Range 5 East, Montana Principal
Meridian, contingent upon annexation. The motion carried by the following Aye and No vote:
I those voting Aye being Commissioner Stueck, Commissioner Frost, Commissioner Youngman,
Commissioner Stiff and Mayor Vincent; those voting No, none.
Break - 8:48 to 8:55 c.m.
Mayor Vincent declared a break from 8:48 p.m. to 8:55 p.m., in accordance with
Commission policy established at their regular meeting of March 14, 1983.
Public hearina - Conditional Use Permit - Lowell Scrinaer for Jim DiBerardinis - allow chanae
from one non-conforming use to another non-conforming use bv converting an existing triclex
to a duclex - Lots 19 and 20. Block 1. Fairview Addition (404 South Willson Avenue) (Z-9476)
This was the time and place set for the public hearing on the Conditional Use Permit
requested by Lowell Springer for Jim DiBerardinis, under Application Z-9476, to allow a change
e from one non-conforming use to another non-conforming use by converting an existing triplex
on Lots 19 and 20, Block 1, Fairview Addition, to a duplex. The subject site is more commonly
located at 404 South Willson Avenue.
Mayor Vincent opened the public hearing.
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Assistant Planning Director Debbie Arkell presented the staff report,
a copy of which
had been distributed to the Commissioners. She stated that the staff
report was prepared by
Senior Planner Wall, who has since resigned.
She noted the subject site is located at the
southeast corner of the intersection of South Willson Avenue and West
Koch Street, in an
e · R- 2.. Residential--single- family. medium-density. zoning district. I n add ition to converting the
existing building from a triplex to a duplex, the applicant proposes
to construct a 640-square-
foot addition.
The Assistant Planning Director reviewed the adjacent land uses, which
include primarily
single-family residences, with a mixture of apartments, multi-family
units and a bed and
breakfast.
Assistant Planning Director Arkell stated that, since this is an application
for a change
from one non-conforming use to another non-conforming use, it has been
reviewed in light of
the ten criteria set forth in Section 18.50.160.1. of the Bozeman Municipal
Code; and those
findings are contained in the written staff report. She further stated
that, since this application
is for a conditional use permit, it has been reviewed in light of the
six criteria set forth in
. Section 18.53.030 of the Bozeman Municipal Code; and those findings are also contained in
the written staff report. She briefly summarized those findings, noting
that staff has
determined that only 15 percent of the lot is to be covered by structures.
The existing parking
area is a deteriorating graveled area; and under this application, a
new two-car garage plus four
stacked spaces on a newly paved driveway are proposed. She stated that
street trees are to
be planted in the East Koch Street boulevard; and the parking is to be
screened along the north
and south boundaries. No adverse effects on abutting properties have
been identified, since
the number of dwelling units is to be reduced. The Assistant Planning
Director noted that the
application complies with the master plan and would address several of
the goals and policies
of that document.
Assistant Planning Director Arkell stated that not all of the criteria
for review of an
e application to change one non-conforming use to another non-conforming
use must be met;
however, a review of those criteria should favor the application as a
whole. She briefly
highlighted the findings contained in the staff report, concluding that
with the reduction in the
number of dwelling units, no adverse impacts have been identified.
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The Assistant Planning Director stated that the City-County Planning
Board considered
this application on the consent agenda at their August 2 meeting.
Board member Marty
Weaver cast a dissenting vote because of her discomfort with the number
of additional
bedrooms to be included in the duplex use, and a concern that the proposed
change in use
e would not lessen the impacts on the neighborhood. She noted that with a five-bedroom unit
and a four-bedroom unit, the duplex would have nine bedrooms; and it
is not known how many
currently exist in the triplex.
The Assistant Planning Director then forwarded the Planning
Board's recommendation for approval of this application, subject to seventeen
conditions.
Commissioner Frost expressed concern that some of the issues raised by
Acting Historic
Preservation Officer Catherine Goetz and staff were not discussed during
the Design Review
Board meeting. He cited the roof pitch of the new addition as an example.
Assistant Planning Director Arkell stated that if those items are simply
mentioned in the
staff report, they are simply items to be discussed, with direction to
be provided to staff. She
emphasized the fact that these are only issues, not staff recommendations.
She also noted
that, unless conditions are needed to address Secretary of Interior standards,
the DRB attempts
. not to change the architectural treatments proposed.
Commissioner Frost stated that the Acting Historic Preservation Officer's
comments do
address the Secretary of Interior standards. Those include the lack of
a west elevation in the
site plans.
He noted that from her comments, it appears there are no windows on the west
side of the addition; and asked if that is true.
Mr. Lowell Springer, architect representing the applicant, stated there
was substantial
discussion at the Design Review Board after the staff report was prepared.
He cited Mr.
DiBerardinis' involvement in establishing the South Willson Historic
District and his continued
commitment to historic preservation. He noted that under this application,
a triplex is to be
changed to a duplex; and in the future, Mr. DiBerardinis is considering
changing that use to a
single-family use. Mr. Springer stated that one unit is to be a four-bedroom
unit; and the other
e unit is to be a three-bedroom unit with a den, which he recognized could
be used as a bedroom.
Mr. Springer stated that the pitch of the roof was addressed at length
by the Design
Review Board. He noted that with the steeper pitch, it is not possible
to install windows on
the west side. Following discussion and revision of the plans, the Design
Review Board agreed
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with the steeper pitch and no windows. He then stated that, with revised
plans, he feels that
all of the Design Review Board questions and concerns have been adequately
addressed.
Mr. Springer stated the applicant agrees to the conditions recommended
by the City-
County Planning Board.
. Commissioner Frost once again reiterated his concern that the issues raised by the
Acting Historic Preservation Officer have not been adequately addressed.
He stated an interest
in adding windows to the west elevation, particularly since it faces
South Willson Avenue.
Also, he feels a condition should be added to require that the materials
be compatible with the
existing materials on the structure. Further, he would like to add a
condition to require that the
addition be moved further to the south, or further away from West Koch
Street. He stated
these items are based on the Secretary of Interior standards.
Commissioner Stueck stated he has no problem with the proposed condition
to require
that the materials be compatible with existing materials; however, he
cannot support the other
proposed conditions.
He stated that if the Design Review Board had felt those issues were
important, they would have added the necessary conditions.
I Commissioner Youngman stated she supports adding the proposed condition regarding
materials. She then stated she does not like the idea of a large windowless
expanse facing
South Willson Avenue. She noted, however, that if the windows serve no
practical purpose
because of their location, she does not feel it is appropriate to require
the addition of windows.
Responding to Commissioner Frost, Assistant Planning Director Debbie
Arkell stated that
a review of the reports based on the original submittal suggested that
the plans be sent back
for redesign.
She noted, however, that no new comments from the Acting Historic
Preservation Officer were forwarded, based on the redesigned plans. She
further reminded the
Commission that the redesign has been submitted to the Design Review
Board; and the ORB
had forwarded its recommendation for approval, subject to conditions,
to the Planning Board
and the City Commission.
e Mr. Lowell Springer stated he feels the issue of the roof pitch was valid.
He noted,
however, that to keep the height of the roof down with the steep pitch,
the side walls have
been lowered.
Because of that change, he reminded the Commission, there is not adequate
room for the windows; and the ORB concurred that it would be appropriate
to include windows
on the south and north sides only.
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Commissioner Frost expressed concern that the minutes from the Design Review Board
do not reflect that many of these issues were addressed.
Following a brief discussion, City Attorney Luwe suggested that the tapes of the Design
Review Board meeting be reviewed or transcribed prior to making a decision on this item.
. No one was present to speak in opposition to the requested conditional use permit and
proposed change in non-conforming use.
Since there were no Commissioner objections, Mayor Vincent closed the public hearing.
Due to the questions which have been raised, the Mayor requested that the decision on
this application be placed on next week's agenda.
Public hearina - Conditional Use Permit for Planned Unit DeveloDment - Susan Nelson - to
modify the Walker Planned Unit Development to incorcorate an additional 23.064 acres - Tract
A. COS No. 1498C. located in the SE%. Section 25 T1 S. R5E. MPM (1500 Reeves Road) (Z-
9483 )
This was the time and place set for the public hearing on the Conditional Use Permit for
Planned Unit Development requested by Susan Taylor Nelson under Application No. Z-9483,
to modify the Walker Planned Unit Development to include an additional 23.064 acres located
I 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 1500 Reeves Road.
Mayor Vincent opened the public hearing.
Senior Planner Dave Skelton presented the staff report, a copy of which had been
distributed to the Commissioners. He reminded the Commission that the Walker Planned Unit
Development is generally bounded by Springhill Road on the west, U.S. Highway 10 on the
south and Reeves Road on the east. Under this application, 23.064 acres located
along the
east side of Reeves Road are to be included in the Walker Planned Unit Development, and
subject to the development guidelines for that project. He cautioned the Commission that at
e this time, only the concept is to be considered; and emphasized the fact that no proposal for
development of any portion of the 23 acres has been submitted as of this date.
The Senior Planner stated that the application contains a list of proposed land uses
which the applicant wishes to have pre-approved under this application; and those uses could
be developed without any further review. He noted that the first five uses on the list are listed
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permitted uses in the R-S, Residential--Suburban, zoning district which was recently approved
for the subject 23.064-acre parcel.
Senior Planner Skelton stated this application has been reviewed in light of the fourteen
criteria for planned unit developments as well as the six criteria for conditional use permits; and
. the detailed findings are included in the written staff report. He briefly highlighted some of
those findings which generated some of the recommended conditions for approval. He stated
that under this application, development of the subject property would be subject to the
architectural and landscape guidelines which were approved for the Walker Planned Unit
Development in 1991. A concern has been identified about allowing
the subject property to
develop in the same manner as the remainder of the planned unit development, particularly
since this parcel serves as a buffer between the commercial uses allowed in the existing Walker
PUD and the existing agricultural land and single-family development to the east. As a result
of that concern, the Planning Board has recommended that commercial development be allowed
in only the southwest corner of the original PUD, at the intersection of U.S. Highway 10 and
Springhill Road.
I Senior Planner Skelton stated the subject 23 + -acre parcel is currently the subject of a
minor subdivision to divide the parcel into four lots. Since this is a minor subdivision located
outside city limits, it is subject to review and approval by the County Commission. He noted
that the original subdivision was also reviewed and approved by the County Commission, while
the conditional use permit for the planned unit development was approved by the City
Commission. He stated that under the subdivision, a pedestrian circulation
system was
identified, and is noted on the plat. He noted that system is located along the road rights-of-
way; and County Superintendent Gianfrancisco has recently expressed concern about locating
the pedestrian walkways within that public right-of-way, even if it is separated from the
roadway as required along county roads. He noted that during Design Review Board review,
the Board suggested that the pedestrian pathways should have been required at the same time
. as the vehicular system, rather than in conjunction with the development of lots.
In light of
that concern, a condition has been recommended which requires that the pedestrian system
be installed within three years or at the time of development, whichever occurs first. He noted
the purpose of the trail system is to allow residents and those working within the development
to move safely through the development.
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Senior Planner Skelton stated that a fill pond for firefighting was developed in
conjunction with the original planned unit development, and that pond has been approved by
the Belgrade Fire Department. The 1 OO-foot-wide habitat preservation easement along the East
Gallatin River in the original PUD is to be extended through the subject 23-acre parcel.
He
. stated this 100-foot-wide easement does encroach along a bench on the subject parcel, which
will dictate where development may occur. This easement is designed to protect wildlife and
wildlife habitat.
The Senior Planner stated that all development criteria in this application have been
reviewed and found to be in compliance with the criteria for the original Walker PUD which was
approved in 1991 and with the planned unit development chapter of the zone code.
Senior Planner Skelton stated that the City-County Planning Board conducted its public
hearing on this application at their regular meeting of August 2, 1994. Following
the public
hearing, the Board forwarded its recommendation for approval, subject to eleven conditions.
Mrs. Susan Taylor Nelson, applicant, submitted a three-page letter to the Commission,
dated August 15, which she read into the record. Many of the comments pertained to specific
I conditions which have been recommended. She requested that, in place of the list of pre.
approved conditional uses, the following list be inserted: plant nursery, greenhouses, veterinary
use, day care center, bed and breakfast/lodging house, and other outdoor recreational uses.
She suggested that approval of these uses could not compromise the intent of the transitional
character of the subject parcel, but would save a considerable amount of review time when one
of those uses is proposed.
Mrs. Nelson then addressed the issue of an internal pedestrian circulation system at
length. She stated the proposed pathway system will lead to conflicts between landowners
and the public, particularly in light of the attendant liability issues. She also expressed concern
about the safety issues which arise when a path is located near the fill site pond.
Mrs. Nelson submitted to the Commission a copy of the criteria for review of planned
e unit developments, as contained in Section 18.54.020 of the Bozeman Municipal Code. She
noted that homes have been grouped on cul-de-sacs, which will consolidate automobile travel.
She does not believe that any additional savings in traffic generation would be realized because
of the pedestrian walkway system. She also noted that, since the tunnel under the North 19th
Avenue overpass has not been constructed in conjunction with that Highway project, a
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pedestrian walkway system no longer enhances the safety of those who wish to walk from the
office development to the commercial node. She also noted
that since this planned unit
development contains a substantial amount of open space, it is significantly different from the
smaller, more compact planned unit developments found within city limits.
She then stated
. that the bylaws and covenants allow for the members to install improvements within the
common open spaces, with a provision for assessments to cover the costs. She suggested
that when those for whom the pathway system is designed to serve feel that such an
improvement would be important, the mechanism is available for installation of the pathway.
Mrs. Susan Nelson stated that under this application, only three of the four lots in the
minor subdivision are to be included within the Walker Planned Unit Development. She then
stated that, until this evening, it was their understanding that the pathway was strictly for the
use of those who live and work in the development, rather than being a public pathway. She
stated that the pathway would have no connection to any exterior links; and walking along
Springhill Road and U.S. Highway 10 is unsafe at the present time.
Mrs. Bea Taylor, partner in the development, submitted a two-page letter to the
I Commission, dated August 15. which she read into the record. She stated that a
misunderstanding about the pedestrian pathway has become a problem between the applicants
and the Planning staff. She noted that, since they live in a rural setting,
a pathway along a
road is her interpretation of a pedestrian walkway; however, in an urban setting, the pathway
is typically separated from the street. She suggested that, because
of the very large open
space included within this planned unit development, she feels the pathway should be installed
as the need becomes apparent rather than through a condition requiring that the pathway be
installed at a specific time.
Mrs. Taylor expressed concern that the inclusion of the subject 23 + acres into the
Walker Planned Unit Development seems to be in jeopardy because of the pathway issue. She
stated that allowing the subject parcel to develop under the strict covenants and design
e guidelines for the Walker PUD would be beneficial.
She noted, however, that adding a
condition to approval of this application which would require the trail system for the entire
Walker PUD within three years is inappropriate. She also noted that two other recommended
conditions pertain to the same issue.
Mrs. Taylor stated her opposition to the inclusion of these conditions for several
08-1 5~94
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reasons. She stated that under the original plan, the open spaces are to be planted in native
grasses; and construction of a pathway through those areas would have a detrimental impact.
She expressed concern that, while the pathway is to be for the benefit of those within the
planned unit development, it will have the appearance of a public facility and will attract people
e into the development. This could lead to unnecessary conflict between landowners and the
public. She also noted that with the minimal amount of pedestrian and vehicular traffic within
the subdivision, a pathway is not needed at this time and should not be mandated, particularly
with the mechanism which is in place for such improvements within the development.
Mrs. Taylor then asked the Commission to overturn Condition Nos. 2, 5 and 7.
Responding to Commissioner Frost, Senior Planner Skelton stated that staff is concerned
about allowing the subject 23 + acres to develop under the guidelines for the original planned
unit development because of its R-Q zoning and because of concern about strip commercial
development, particularly in an entryway corridor. He noted that if the requested uses are pre-
approved, there will be no opportunity to review the size and density of those uses.
Responding to Commissioner Stueck, City Attorney Luwe stated he must research
. whether the Oregon case Dolan versus Tigardwould apply in this instance. He stated that the
fact this trail system is not being dedicated to the public may make a difference in how the
issue is addressed.
Senior Planner Skelton reviewed the condition contained in the original approval, noting
it requires that the final plat depict the trail system; and the blue line shows where the trail
system is to be located.
Senior Planner Skelton then noted that the development within the original Walker PUD
is not intended to be low-density development. He stated the list of permitted uses on Pages
3 and 4 of the booklet for this development reflect a substantial number of conditional uses.
He noted that in the B-1 zoned area, a number of B-2 and B-3 uses are listed.
The Senior Planner then requested an opportunity to review the original subdivision
e planned unit development as it relates to the open space areas and public access prior to the
Commission making its decision.
Commissioner Youngman asked if there are any uses on the proposed pre-approved uses
for the 23 + acres with which the staff would be comfortable. She suggested that if there are,
those should probably be included in approval of this application.
08-1 5-94
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Commissioner Youngman then suggested the possibility of increased traffic
in this
development because of the North 19th Avenue interchange. She stated
that if the traffic is
increased, it may be necessary to provide a safe pedestrian pathway.
Senior Planner Skelton encouraged the Commission to keep the long-range
plans for this
e development in mind when making a decision. He then indicated that the possibility of
constructing a pedestrian/bike path along the North 19th Avenue interchange
with
enhancement monies is under consideration; and he feels that extension
of that path into this
development would be appropriate.
Commissioner Frost noted that one of the projects being considered by
the enhancement
committee is a bicycle/pedestrian pathway from Belgrade to Bozeman along
the highway. He
stated that, while this project will probably not be presented for two
years, it is currently under
consideration.
Mrs. Nelson encouraged the Commissioners to look at the five pre-approved
uses she
has proposed in her letter.
She noted that under the original PUD, they dedicated a
considerable amount of land located in the northwest corner of the property
to the Department
. of Fish, Wildlife and Parks for use by the public; and that was not counted toward the parkland
dedication or open space. She also noted that they agreed to provide
a 50-foot-wide buffer
strip, with extensive landscaping, along U.S. Highway 10. She stated
that under their original
proposal, a 10-foot-wide easement for pedestrians and bicycles was proposed;
and that was
eliminated during the planning process. She stated that the Department
of Fish, Wildlife and
Parks also discouraged a pathway along the 1 DO-foot buffer strip from
the river, to ensure
protection of the wildlife habitat and the fisheries.
Mrs. Nelson stated that, while any pre-approved use is not subject to
public review, it
is still subject to in-house review; and concerns about the impacts of
a proposed development
can be reviewed. She also reiterated the fact that a mechanism is in
place for the development
of a pedestrian pathway; and she feels that adequately addresses the
issue.
e No one was present to speak in opposition to the requested conditional
use permit.
Since there were no Commissioner objections, Mayor Vincent closed the
public hearing.
City Attorney Luwe requested more than one week to review the questions
which have
been raised.
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Mayor Vincent requested that the decision on this application be placed on the August
29 agenda.
Adjournment - 10:20 D.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~
I ROBIN L. SULLIVAN
Clerk of the Commission
.
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