HomeMy WebLinkAbout1987-05-04
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONT ANA
May 4, 1987
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The Commission of the City of Bozeman met in regular session in the Commission Room,
Municipal Building, May 4.1987, at 2:00 p.m. Present were Mayor Mathre, Commissioner Jordan, I
Commissioner Stiff. Commissioner Martel, Commissioner Vant Hull, City Manager Wysocki, City
Attorney Becker and Clerk of the Commission Sullivan.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
Mayor Mathre asked if any of the Commissioners wished to remove any of the Consent Items
for discussion. Commissioner Martel requested that reaffirmation of the selection of the old
hospital site for the Section 8 Moderate Rehabilitation Program be removed for discussion; and
Mayor Mathre requested that the proclamation for "Municipal Clerk's Week" be removed for dis-
cuss ion.
Minutes
It was moved by Commissioner Jordan, seconded by Commissioner Stiff. that the minutes
of their regular meeting of April 20, 1987, be approved as amended. The motion carried by the
following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Com-
missioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none.
It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the minutes
of their regular meeting of Apri I 27, 1987, be approved as amended. The motion carried by the
following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Martl;!l, Com-
missioner Vant Hull. Commissioner Jordan and Mayor Mathre; those voting No, none.
Commission Resolution No. 2654 - revised SID policy
City Manager Wysocki presented Commission Resolution No. 2654, as reviewed by the City I
Attorney, entitled:
COMMISSION RESOLUTION NO. 2654
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN
RELATING TO SPECIAL IMPROVEMENT DISTRICTS AND ESTABLISHING A
POLICY RELATING THERETO.
The City Manager stated that this resolution Is now in final form. He then asked the
Director of Finance to review the changes which have been made since last week's meeting.
Director of Finance Gamradt reviewed the revisions which have been made to this policy.
He stated that a few wording changes have been made to more accurately reflect the situation or
to clarify the policy. He noted that one change in the policy was discussed at last week's
meeting. He indicated that change revises Section 3.02e. (1) to allow cash as security for a
special improvement district for a minimum of 80 percent of the properties in the district. as
opposed to the 100 percent previously contained in the resolution. The Director of Finance
stated that the total amount of the 10 percent of the principal and interest payments for the
project will still be required; however, only 80 percent of the properties will be required to
participate and will be credited accordingly. He noted that this does leave some properties
unsecured; however, it overprotects those properties participating.
Commissioner Stiff asked how delinquencies on a dissident's property will be handled.
The Director of Finance stated that delinquencies on a dissident's property will be
processed through tax sale, the same as any other property upon which delinquencies occur.
He indicated that those properties would not benefit from, or be protected by, the cash security I
provided by other property owners within the district.
Director of Finance Gamradt stated that this change has also been made in Section
3. 02d. (1), where a cash security for five years' principal and inter~st payments on the bonds is
required.
Director of Finance Gamradt then reminded the Commission that the second revision
proposed at last week's meeting affected Section 3.02e. (3), and provided that the amount for the
Revolving Fund and the administrative fee be assessed I:ntir6#ly in the first year. He indicated
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that the City Attorney has reviewed that item and determined it cannot be legally done. so that
sentence has been eliminated.
Commissioner Stiff asked if Section 3. 02e. (4) would allow an individual to hide behind a
corporate shield, further questioning whether that should be revised to require that corporations
disclose their stockholders and officers.
City Manager Wysocki stated he feels that the resolution does not preclude that require-
I ment; and any concerns could be addressed in the agreement between the City and the property
owners in a specific special improvement district. He then suggested that the City Attorney
review the matter to determine if the language in that section should be changed.
The City Manager then stated that the section dealing with the acceleration policy has
been deleted.
Commissioner Vant Hull questioned why that section had been deleted.
Director of Finance Gamradt stated that bond counsel had determined that an accelerated
SID must be paid in full and cannot be reinstated by simply making the delinquent payments plus
principal and interest. He noted that such a policy may create an unnecessary financial burden
on an individual who has simply missed the due date and paid the assessment a few days late.
Commissioner Vant Hull asked if the option for acceleration will still remain.
The Director of Finance stated that the State Statute provides for acceleration of delin-
quent assessments. He then noted that the beneficiary of the acceleration policy is the specific
special improvement district, with that district being closed into the SID Revolving Fund when
all bonds have been repaid.
City Manager Wysocki recommended that the Commission adopt Commission Resolution No.
2654, recognizing that Section 3.02e. (4) may be revised if determined necessary by the City
Attorney.
It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Com-
mission adopt Commission Resolution No. 2654. revising the SID policy, to possibly be revised to
address the concerns listed above. The motion carried by the following Aye and No vote: those
I voting Aye being Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan, Commissioner
Stiff and Mayor Mathre; those voting No, none.
in the Montana Economic Development
City Manager Wysocki presented Commission Resolution No. 2653, entitled:
COMMISSION RESOLUTION NO. 2653
RESOLUTION AUTHORIZING PARTICIPATION IN THE MONTANA ECONOMIC
DEVELOPMENT BOARD INTERMEDIATE TERM CAPITAL PROGRAM.
The City Manager stated that the $83,341.35 loan to be acquired through this program
will be used to payoff the original loan on the IBM System/38 computer. He reminded the Com-
mission that this loan wi II substantially decrease the amount of interest being paid. The City
Manager then recommended that the Commission adopt Commission Resolution No. 2653. authorizing
the City to participate in I NTERCAP.
It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Commis-
sion adopt Commission Resolution No. 2653, authorizing participation in the Montana Economic
Development Board Intermediate Term Capital Program. The motion carried by the following Aye
and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner
Stiff, Commissioner Martel and Mayor Mathre; those voting No, none.
Discussion - status of water supply for summer months
I City Manager Wysocki submitted to the Commission a memo from Director of Public Service
Holmes concerning the possibility of restricting water usage this summer.
Director of Public Service Dick Holmes stated that the water run-off this year is high and
is coming about a month early. He indicated there is more than enough water in Bozeman Creek
at the present time to meet the City's needs; however, he anticipates that the farmers will begin
irrigating early, which may take away some of the City's junior water rights. He noted that
Hyalite Reservoir is currently seven feet from full and is still filling. The Director of Public
Service then stated the staff is monitoring the water level daily and that if the water supply
decreases or the City does lose some of its water rights in Bozeman Creek, he will impose the
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same watering restrictions as those imposed in 1985. which included odd-even days and hours of
watering.
Commissioner Martel asked how much water can be taken from the Lyman Creek source.
The Director of Public Service stated that the water from Lyman Creek is used to service
that portion of the City lying north of the interstate. He then indicated that the City could
pump about 800 gallons per minute for about twelve hours to help supplement the water supply
for the south side of town without creating problems. I
Commissioner Vant Hull asked if allowing people to water at night would be helpful.
The Director of Public Service stated that the City needs the nighttime hours to process
enough water to fill the storage tanks again, noting that it takes approximately eight hours to
do so.
Commissioner Vant Hull noted that she had received complaints when the hours were imple-
mented before and suggested that the morning and night hours be made the same so they are
easier to remember.
Commissioner Martel asked how much water Is allowed to be drawn from the storage tanks.
Director of Public Service Holmes stated that the south storage tank is drawn down six to
eight feet, noting that at the sixteen- to eighteen-foot level, Hyalite View Subdivision runs out
of water. He indicated that the tank is 32 feet high, so the desired drawdown leaves six to
eight feet of water to use in an emergency situation if necessary.
City Manager Wysocki stated this item was placed on the agenda to recognize the potential
water problems for this summer. He noted that the staff will implement watering restrictions
when it deems necessary, which could possibly occur within the next two weeks.
Ratification of City Manager's appointment to, Police ~.9!!l_'!!.ission
City Manager Wysocki submitted to the Commission a memo requesting that the Commission
concur in his selection of David Fassler, to be reappointed to the Police Commission for a three-
year term.
It was moved by Commissiont:r Jordan, seconded by Commissioner Stiff, that the Commission I
concur in the City Manager's reappointment of David Fassler to the Police Commission, with a
three-year term to expire on April 30. 1990. The motion carried by the following Aye and No
vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Com-
missioner Vant Hull and Mayor Mathre; those voting No, none.
Request for one-year extension of Preliminary Plat - Survco for Don Norem - First Amended
Subdivision of Tract A, Block 1, -Kirk's Second Subdivrsron-:'-'-:922-acre tract located at the
northeast corner of the intersection of West Main- Streef-a-ndr;[orth 19th Avenue ' --
-- ---- _. .---
City Manager Wysocki presented to the Commission a request from Survco, on behalf of
Don Norem, for a one-year extension of the Preliminary Plat for the First Amended Subdivision
of Tract A, Block 1, Kirk's Second Subdivision. This site consists of a 1.922-acre tract more
commonly located at the northeast corner of the intersection of West Main Street and North 19th
Avenue.
The City Manager stated that Long Range Planning and Subdivision Administrator Marcia
Elkins has reviewed this request and recommended approval of a ont~-year extension. He then
concurred in that recommendation.
It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission
approve the request for a one-year extension of the Preliminary Plat for the First Amended Sub-
division of Tract A, Block 1, Kirk's Second Subdivision. The motion carried by the following
Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Martel, Commissioner
Vant Hull, Commissioner Jordan and Mayor Mathre; those voting No. none. I
Discussion - possible Mont2!l2Y-2~er Company rate increase for stree~J,!g.'2!,~~
City Manager Wysocki stated that Commissioner Vant Hull had requested this item be placed
on the agenda.
Commissioner Vant Hull stated that a recent newspaper article in the Billings Gazette
indicated that Montana Power Company is seeking a 4.5-percent rate increase for street lighting.
She noted this increase is not substantial; however. it follows a 46-percent increase implemented
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last year. The Commissioner stated that she feels the City should write a letter of protest to
the Public Service Commission.
Commissioner Vant Hull further suggested that the City write a letter to the Montana
League of Cities and Towns alerting them to the potential Impact this increase may have on other
communities. She noted that the League may also wish to protest the rate increase.
Mayor Mathre noted that some of the street lights are within special improvement lighting
I districts, for which the City assesses all of the electrical costs; and some of the street lights
are City-funded lights.
Commissioner Vant Hull stated that in conversations with Montana Power last year, she
learned that the City of Bozeman is one of the few in the state which bill actual costs after the
fact rather than billing on estimated costs. She then suggested that the City may wish to change
its billing procedure rather than carrying the costs for a year. She noted that last year the
Director of Finance had suggested the possibility of increasing the assessments to 25 percent over
the actual assessment so that after four years the City would be billing ahead rather than behind.
City Manager Wysocki noted that the staff will need to review each individual special im-
provement lighting district to determine what method of assessment is set forth in the resolution.
He also expressed concern about increasing the assessments to reach a point where the billing is
based on projected costs.
Commissioner Jordan stated he feels the Commission should wait until better economic times
before increasing assessments and changing the procedure. He then noted that Commissioner
Vant Hull had suggested during the "FYI" discussion at last week's meeting the possibility of
dimming or turning out the lights, noting that could possibly be done between the hours of mid-
night and 6:00 a.m.
City Manager Wysocki cautioned the Commission that street lights have been installed for
safety reasons; and they should be maintained for that reason.
Mayor Mathre stated she would like additional information before making a decision, includ-
ing how much impact the proposed rate increase may have on the City.
I Mayor Mathre then asked Commissioner Vant Hull to write a letter to the Public Service
Commission seeking additional information on the proposed rate increase. She also asked the staff
to review this matter and determine how much the City is currently paying for street lighting.
Reaffirm selection of old hospital site for Section 8 Moderate Rehabilitation Program, as
recommended by the Loan Review Committee
City Manager Wysocki reminded the Commission that Commissioner Martel had requested
this item be removed from the Consent Items for discussion. The City Manager then noted that
the Commission has received a memo from Community Development/Zoning Administrator Mike Money,
along with a copy of the minutes from the April 28, 1987 meeting of the Loan Review Committee
and a copy of the selection criteria used for the Section 8 Moderate Rehabilitation Program. He
reminded the Commission that they had previously approved this project; however, following a
letter of protest from Page Wellcome, they had referred this item back to the Loan Review
Committee for reconsideration.
Commissioner Martel expressed concern about the statistics and evaluation system that was
used to select the old hospital site, as well as concern about the financial feasibility of the
project and financial stability of the applicant.
Community Development/ Zoning Administrator Money stated the applicant did submit financial
information; however that is confidential and is contained in a separate file. He then briefly
reviewed the backgrounds of some of those involved in the project, noting that their financial
statement shows them to be financially stable and able to complete the project according to the
I program guidelines.
Commissioner Martel then questioned whether the applicant could meet the recreational
area and off-street parking requirements.
Mr. Money stated that the parking lot across the street is included in the purchase price
for the property. He then noted that the parking lot must be paved and landscaped to meet City
standards. He stated there is adequate space to provide the recreational area that is required
for the proposed project.
Commissioner Martel questioned why a project requiring more monies per unit would be
selected over a project requiring less monies per unit to rehabilitate.
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Mike Money stated that the guidelines for the program are set so that the project requir-
ing more monies per unit receives a higher rating. HI; then stated that the State of Montana
Department of Commerce has 50 percent of the say in determining which project is selected. He
indicated that Mr. Roger Pedersen went through initial review of the thirteen applications with
him; and the hospital site was chosen as the first project, followed by a three-plex and then the
Blackmore Apartments, which are owned by Mr. Wellcome. He noted that the hospital proposal
was rated substantially higher than the next two projects. I
Community Development/ Zoning Administrator Money then stated that the applicants must
seek financing through private sources for purchasing and renovating of the site; and the rent
subsidies for those units will be guaranteed through the Section 8 Moderate Rehabilitation
Prog ram.
Commissioner Martel stated he has reservations about the project and, therefore. cannot
. support it.
City Manager Wysocki recommended that the Commission reaffirm its previous action.
It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Com-
mission reaffirm selection of the old hospital site for the Section 8 Moderate Rehabilitation
Program, as recommended by the Loan Review Committee. The motion carried by the following
Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commis-
sioner Stiff and Mayor Mathre; those voting No being Commissioner Martel.
B rea k - 3: 30 to 3: 37 p. m .
Mayor Mathre declared a break from 3:30 p.m. to 3:37 p.m., in accordance with Commission
policy established at their regular meeting of March 14, 1983.
Proclamation - "Municipal Clerk's Week" - M~'!..0-16!-_l~87
City Manager Wysocki reminded the Commission that Mayor Mathre had requested this item
be removed from the Consent Items for discussion.
Mayor Mathre stated she had requested this item be removed from the Consent Items to I
let the Commission know that Clerk of the Commission Sullivan has become a Certified Municipal
Clerk during this past year.
It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission
concur in the Mayor's proclamation of May 10 through 16, 1987 as "Municipal Clerk's Week." The
motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan,
Commissioner Stiff. Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting
No, none.
Discussion - FY I items
City Manager Wysocki presented to the Commission the following "For Your Information"
items.
( 1 ) A memo from Commissioner Vant Hull concerning management audits.
(2) The City Manager stated that he has not yet been able to find out what effect HB463
may have on the City. He noted that bill provides for reappraisals to be done on an annual basis.
which could lower the City's tax revenues by as much as 15 to 20 percent.
Commissioner Vant Hull noted that passage of this bill does not address the concerns ex-
pressed in 1-105, because it does not contain the specific language that the bill is to provide tax
relief.
(3) Commissioner Vant Hull distributed to the Commissioners a booklet published by the
National League of Cities and Towns entitled "Does the Federal Government Think Cities and Towns
Are in the Public Interest? Or Are They Just Another Special Intf:rest?" The Commissioner sug- I
gested these might be helpful if distributed to the legislators.
The Commissioner further noted that an article in the April 20 issue of the Nation's Cities
Weekly indicates that a special task force has worked on this type of effort and that information
is available from that source.
Consent Items
City Manager Wysocki presented to the Commission the following "Consent Items."
Proclamation - "National Nursing Home Week" _- May 10-16, 1987
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Proclamation - "Just Say No Day" - May 16, 1987
Re uest for permission to conduct "Justs"a No" march and rally -
ain treet from ouse venue to i IIson chooi TsidewaTkS
only) - Saturday, May 16, 10:on a.m.
Request for permission to conduct Bike Ride Plus - American Diabetes
Association - from Bur~er King a'on1 West Babcock Street and
South 19th Avenue to yalite turn 0 f - Saturday. May 16,
9: 00 a. m. to 2: 00 p. m.
Re uest for permission to conduct linear mile run for United Way Fund
I rive - Igma i raternlty - a coc treet rom outh
Eighth Avenue to South Wallace Avenue - Saturday, May 16,
1 0 : 00 a. m. to 11: 30 a. m .
Request for permission to conduct MSU Homecoming Parade - Saturday
October 17, 10:00 a.m. - Main Street from Buttrey's to
Rouse Avenue
Claims
It was moved by Commissioner Stiff, seconded by Commissioner Martel. that the Commissio,:!
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 Martel. Commissioner Vant Hull, Commissioner
Jordan and Mayor Mathre; those voting No, none.
Recess - 3:54 p.m.
Mayor Mathre declared a recess at 3:54 p.m., to reconvene at 7:00 p.m. for the purpose
of conducting the scheduled public hearings.
Reconvene - 7:00 p.m.
Mayor Mathre reconvened the meeting at 7:00 p.m. for the purpose of conducting the
scheduled public hearings.
Public hearing - 1986 Sidewalk Program
This was the time and place set to conduct a public hearing on the 1986 Sidewalk Program.
I Mayor Mathre opened the public hearing.
City Manager Wysocki reminded the Commission that the properties included in the 1986
Sidewalk Program lie basically in an area bounded by West Babcock Street, South 15th Avenue,
West Koch Street and South 23rd Avenue. He stated that notices were sent to all affected
property owners on April 23, 1987, indicating that they have thirty days in which to indicate
whether they wish to install their own sidewalks or want the City to install them, assessing the
costs back over a five-year period. The City Manager noted that the notice also indicated that
a public hearing on the project would be held at this time.
City Manager Wysocki then reminded the Commission that they had held public meetings,
including a public hearing, on July 21,1986, August 4,1986 and April 20,1987. He noted that
the Commission has ordered that sidewalks be installed in the area under consideration. The City
Manager then indicated that City Engineer Phil Forbes is present to answer questions.
Mayor Mathre stated that the Commission has received a letter of protest from Mr. Archie
Yineman. .
Mr. Otto Siedschlaw, 1601 West Olive Street #12, asked questions about the City's authority
to require installation of sidewalks, to which the City Attorney responded. He then stated that
installation of sidewalks will require substantial relandscaping of that area, especially with a
boulevard between the sidewalk and the street, and stated opposition to the order.
City Engineer Phil Forbes stated that the subject property does have substantial land-
scaping and berming which will require redoing after the sidewalk is installed. He then noted
that the boulevard area does provide an area for snow storage in this area.
I Mr. Jim Townsend, 1921 West Olive Street. stated that this is the first notice he has
received and asked if notice had been given for the other meetings.
City Manager Wysocki stated that the City had published notices in the newspaper for the
previous public hearing; and the agenda for the Commission meetings was also published prior to
the meetings. He noted that this is the appropriate time in the process to submit written notice
to each individual property owner, which has been completed.
Mr. Townsend then questioned how many people want sidewalks installed in the subject
area, indicating that few people walk in that area.
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Commissioner Vant Hull noted the Commission determined to require that sidewalks be in-
stalled in the subject area after receiving many comments. of concern and protests. from people in
neighboring areas who want to walk to University Square Shopping Center safely.
Mr. Townsend then questioned why only a thirty-day notice was given for the installation
of sidewalks.
City Attorney Becker stated that the City Is following the State Statute, which requires
that a thirty-day notice be given. I
Mr. Brad Terrell, 2112 Bridger Drive, stated he owns property at the corner of West Olive
Street and South 20th Avenue. He indicated opposition to the sidewalk program, and questioned
why the Commission has not considered previous testimony of opposition in making its decision to
order sidewalks. installed.
Mayor Mathre stated that the Commission is concerned about the public health, safety and
welfare; and they have heard from a number of people who want to walk safely in that area.
She further noted that the Commission did have a policy requiring the installation of sidewalks
which lapsed in the mid-1970.s; and the Commission is simply reinstating that policy at this time.
She stated that most of the development in the subject area has occurred during the past ten
years, which is probably what is causing the concern at this time.
Mr. Terrell then asked if the City has any estimate of the cost per square foot for side-
walks.
City Engineer Phil Forbes stated that the bid price to tht. City is $2.05 per square foot
for four-inch sidewalks. He then cautioned those interested in estimating their own costs that
driveway areas require six-inch sidewalks, which are more costly, plus engineering costs will be
assessed against each parcel. He further noted that special costs may be incurred on specific
lots due to landscaping or other special circumstances.
Mr. Terrell then noted there are many rental units in the subject area; and with the
current situation, rents have been decrei8sed to get renters, whi Ie costs increase.
Mr. Charles Green, 204-210 South 20th Avenue, questioned why the sidewalks were not
installed at the same time as the streets, curbs and gutters. He then indicated he does not feel I
this is an appropriate economic time to place an additional financial burden on the property
owners for the installation of sidewalks.
Mr. Burt Moe, 1508 West Babcock Street. noted that the map of the district shows five
lots where sidewalks are not being required at this time, and questioned why. He stated that
one of his lots along South 15th Avenue is not developed; however, he is required to install the
sidewalk under this program.
City Engineer Forbes stated the shaded lots are anticipated to develop within the next
three years; and the installation of sidewalks will be: required when they are developed.
The City Manager noted that sidewalks are to be continuous along at least one side of the
street; and it may be possible that some undeveloped lots will be required to install sidewalks to
provide that continuity.
Mr. Moe noted he was present at the first meeting held last year; however, he did not
know about the two subsequent meetings enumerated at the beginning of this meeting. He then
stated opposition to the sidewalk program.
Mr. Brian Swanson, 1703 West Olive Street #2. asked what criteria were used to determine
that the subject neighborhood was the most in need of sidewalks in the entire city. He noted
there are many other areas in the community with higher volumes of vehicles and pedestrians,
such as Kagy Boulevard and Highland Boulevard. He suggested that those areas be required to
install sidewalks first. with the remainder of the city being required to do so later.
Mayor Mathre stated that the Commission has received requests from neighbors of this area
for the installation of sidewalks; and when the Commission decided to reinstate the sidewalk I
construction program, this area was selected based on those requests.
Mr. Larry Witt, 1601 West Olive Street #8, stated he owns a four-plex on South 15th
Avenue. He noted that last summer, two residents of the area indicated support for this program
but the rest were opposed. He then indicated he is opposed to receiving only thirty days.
notice, since monies must be budgeted for the construction. He stated if this is the first area
of a city-wide effort, the pol icy may not be bad; however, he does not want to see this as the
only area required to install sidewalks.
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1~9
Mr. Dave Osterman, 115-129 South 20th Avenue, asked if property owners will also be
required to shovel the sidewalks. He then questioned why the City's Engineering Department
did not prepare the specifications. but a consulting engineer was hired to do so. Mr. Osterman
then stated opposition to the sidewalk program.
City Manager Wysocki stated that residents will be required to shovel their sidewalks. in
accordance with the ordinance.
I Mrs. Roxan Pitcher stated they own property at the corner of South 20th Avenue and West
Babcock Street. She indicated she is not opposed to the installation of sidewalks, but she does
object to the thirty days' notice because of the financial impact.
City Manager Wysocki reminded her that under this program, the City will install the
sidewalk and assess the costs over a five-year period, if they wish to choose that option.
Mr. Paul Tassie, 1601 West Olive Street, asked the Commissioners what type of feedback
they have received and how they feel about it.
Mayor Mathre noted the Commission has received little support during this meeting.
Commissioner Vant Hull noted that the Commission made a judgment to require that side-
walks be installed in this area after many people requested it. She noted that the program
could have been reinstituted using another portion of the community. but this is the area for
which the most requests were received and concerns expressed.
Commissioner Martel noted that the program must be started someplace. He noted that a
city-wide project could not be undertaken; however, dividing the city into areas provides a
workable program that will create a safer situation for the public.
Mrs. Marge Tassie, 1601 West Olive Street, asked why the sidewalks can't be installed
along the curb, like along Main Street, rather than having a boulevard between.
City Manager Wysocki stated that a boulevard is provided between the sidewalk and the
street for safety as well as snow storage. He expressed concern about having children playing
on a sidewalk immediately adjacent to a street. The City Manager then reminded those in
attendance that Main Street is a state highway; and the sidewalks have been installed to their
I standards rather than the City's.
Commissioner Vant Hull noted that she had initially supported the idea of placing side-
walks adjacent to the street, particularly in areas where landscaping will be affected. She
indicated that after talking to residents in areas where the sidewalk is next to the street, such
as North Third Avenue, however, she found that they do not like the sidewalk next to the street
because of safety concerns.
Mayor Mathre closed the public hearing.
City Manager Wysocki recommended that the Commission reaffirm its intent to proceed with
the 1986 Sidewalk Program.
Commissioner Jordan noted that the Commissioners serve the entire City. He further noted
that the Commission will hear the same arguments in five or ten years. The Commissioner then
stated he feels the sidewalk policy should be reinstituted; and the standards for that program
should be kept static, not changed with each Commission. He then stated that, as a Commissioner
he must consider the public health, safety and welfare; and sidewalks help provide a safer
atmosphere for pedestrians.
Commissioner Stiff stated support for the sidewalk policy because he feels it is good for
the entire community.
Commissioner Martel noted that last summer, the Commission considered this item at length
before deciding to proceed with the program. He then stated that the City has provided a five-
year repayment program for those who wish to use it. He noted that the interest rate on the
monies has not yet been determined; however, he indicated it should be lower than the rate an
I individual would receive on a bank loan for the project.
It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the customary
one-week waiting period be waived. The motion carried by the following Aye and No vote: those
voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff, Commissioner
Martel and Mayor Mathre; those voting No, none.
It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission
authorize and direct the staff to proceed with construction of the 1986 Sidewalk Program. The
motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan,
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Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting
No, none.
Mayor Mathre stated she feels it is imperative for the City to distribute information on the
estimated costs for each parcel as soon as possible.
City Manager Wysocki stated the costs are available in the City Engineer's office. He
then indicated that the staff will send letters to all affected property owners, giving them an
estimate of the costs and asking them to indicate whether they plan to install their own or have I
the sidewalk put in under the City's program.
Public hearing - Conditional Use Permit-=_ Dick Walter Motors, Inc., for Robert Abbott _ allow an
auto dealership display and sales lot for new and used automobiles at 503 East Babcock Street
This was the time and place set for the public hearing on the Conditional Use Permit re-
quested by Dick Walter Motors. Inc., for Robert Abbott, to allow an automobile dealership dis-
play and sales lot for new and used automobi les on a portion of Lot 26 and all of Lots 27 and 28,
Block B, Rouse's First Addition. The subject property is more commonly located at 503 East Babcock
Street.
Mayor Mathre opened the public hearing.
Community Development! Zoning Specialist Dave Skelton presented the Staff R~port. He
noted that the subject property is located at the northeast corner of the intersection of East
Babcock Street and South Church Avenue, immediately across the street from the existing Dick
Walter Motors, Inc., business location. He stated the applicant plans to remove the existing
residential structure on that site and install an automobile parking lot to be used for sale of new
and used vehicles. The Community Development/Zoning Specialist stated that th~ staff reviewed
the application, taking into consideration the six criteria for Conditional Use Permits. He stated
the Zoning Commission conducted its public hearing on this item and concurred in the staff1s
recommendation for approval, subject to ten conditions. He then noted that the staff has found
that Mr. Abbott is purchasing this property on a contract for deed; therefore, the applicant is I
also required to provide written consent for this use from the original property owners.
Mr. Dick Walter, applicant, stated he concurs with the recommended conditions.
Commissioner Martel noted one of the conditions requires dedication of the alley and asked
if that has not been done.
The Community Development/Zoning Specialist stated that the alley in this block has never
been dedicated. although it has existed.
Commissioner Vant Hull noted that loading and unloading of cars is to be done In the alley
to the north of this site and asked if it could possibly be done on the lot itself.
Mr. Walter stated that the property is too narrow; and the loading and unloading would
need to be done in the alley.
No one was present to speak in opposition to the requested Conditional Use Permit.
Mayor Mathre closed the public hearing. A decision will be forthcoming in one week.
It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the customary
one-week waiting period be waived. The motion carried by the following Aye and No vote: those
voting Aye being Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull, Commissioner
Jordan and Mayor Mathre; those voting No, none.
It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Commis-
sion approve the Conditional Use Permit requested by Dick Walters Motors, Inc., for Robert
Abbott, to allow an auto dealership display and sales lot for new and used automobiles, subject
to the following conditions:
1. That the Conditional Use Permit be approved for the use of new and I
used automobiles only, and that any revision or addition to the property
in question shall be reviewed and approved by the Planning Office prior
to any revision occurring;
2. That the north ten feet of the property in question be dedicated to
public alleyway and that a twenty-foot alley easement be noted on the
final site plan;
3. That additional snow removal storage area be provided and noted on the
final site plan;
4. That final site surface drainage and grading plans be reviewed and
approved by the City Engineer prior to final site plan approval;
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181
5. That the applicant provide, on a submitted site plan, adequate off-street
parking spaces as required by the Bozeman Zoning Code for the existing
auto dealership, and that off-street parking spaces be designated on the
property in question if in fact the existing site is unable to provide
adequate off-street parking spaces;
6. That the existing trees located at the southwest corner will be main-
tained such that the lower six feet will not obscure visibility within the
40-foot sight triangle;
I 7. That loading and unloading of vehicles shall not be permitted while
parked on South Church Avenue and East Babcock Street;
8. That the developer enter into an Improvements Agreement with the City
of Bozeman. The structure may not be occupied until all required
improvements have been installed and inspected and accepted by the City
of Bozeman. If occupancy of the structure is to occur prior to
installation of the improvements, the Agreement, with an acceptable
method of security equal to one and one-half times the amount of the
cost of scheduled improvements. shall be provided to secure completion;
9. That three copies of the final site plan containing all the conditions.
corrections and modifications approved by the City Commission be sub-
mitted for review and approved by the Planning Director within six
months of the date of the City Commission approval, and prior to the
issuance of a building permit for the project. One signed copy shall be
retained by the Building Department, one signed copy shall be retained
by the Planning Director and one signed copy shall be retained by the
applicant;
10. That all on-site improvements (I.e.. paving, landscaping. etc.) shall be
completed within 18 months of the Conditional Use Permit as shown on
the approved final site plan.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel,
Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff and Mayor Mathre; those voting
No, none.
of
I This was the time and place set for the public hearing on the Conditional Use Permit re-
quested by John Miller for A. E. McChesney to allow construction of a two-structure, ten-unit
commercial/light manufacturing development on Lots 21A and 22 of the McChesney Industrial Sub-
division. The site is more commonly known as 612 West Griffin Drive.
Mayor Mathre opened the public hearing.
Community Development/ Zoning Specialist Dave Skelton presented the Staff Report. He
stated the application will allow construction of a two-structure, ten-unit commercial business
center with individual units, with the project being completed in two phases. He noted that
warehouses are a permitted use in the M-1 district; however, this property is zoned M-l- T, so
the conditional use process must be followed. He stated three items must be addressed through
this "T" district, including buffering and landscaping. limitations on signing for the project, and
access to the municipal utility systems.
The Community Development/Zoning Specialist stated that the Zoning Commission concurred
in the staff1s recommendation for approval of this Conditional Use Permit, subject to eleven
conditions.
Mr. John Miller, applicant, stated he agrees with the conditions recommended by the staff
and the Zoning Commission.
No one was present to speak in opposition to the requested Conditional Use Permit.
Mayor Mathre closed the public hearing. A decision will be forthcoming in one week.
I It was moved by Commissioner Vant Hull. seconded by Commissioner Jordan. that the
customary one-week waiting interval be waived. The motion carried by the following Aye and No
vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff,
Commissioner Martel and Mayor Mathre; those voting No, none.
It was moved by Commissioner Jordan. seconded by Commissioner Stiff. that the Commission
approve the Conditional Use Permit requested by John Miller for A. E. McChesney to allow con-
struction of a two-structure ten-unit development on Lots 21 A and 22 of the McChesney Industrial
Subdivision, subject to the following conditions:
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192
1. That additional buffering be provided along the south boundary of the
property in question prior to final site plan approval;
2. That the property in question be limited to one project identification
sign;
3. That the final site plan address the concerns of the City Fire Marshal
regarding an on-site fire hydrant, adequate turning radius at the south
end of the parking lot, rear fire exits and fire separation walls prior to
final site plan approval; I
4. That the final site plan address the concerns of the City Engineer re-
garding access drives. easements, snow removal storage area, service
facilities and curbing prior to final site plan approval;
5. That final site surface drainage and grading plans be reviewed and
approved by the City Engineer prior to final site plan approval;
6. That a waiver of protest to participate in 5.1. D. 's for Griffin Drive
improvements be provided by the applicant prior to final site plan ap-
proval;
7. That the final Covenants and Articles of Incorporation be reviewed and
approved by the Planning Office prior to final site plan approval;
8. That the developer enter into an Improvements Agreement with the City
of Bozeman. If occupancy of the structure is to occur prior to in-
stallation of the improvements, it must be secured by a method of
security equal to one and one-half times the amount of the cost of the
scheduled improvements and their installation for each phase. Detailed
cost estimates. construction plans and methods of security shall be made
a part of that Agreement;
9. That three copies of the final site plan containing all the conditions,
corrections and modifications approved by the City Commission be sub-
mitted for review and approved by the Planning Director within six
months of the date of the City Commission approval, and prior to the
issuance of a building permit for the project. One signed copy shall be
retained by the Building Department, one signed copy shall be retained
by the Planning Director and one signed copy shall be retained by the
applicant;
10. That all on-site improvements (i .e., paving, landscaping, etc.) shall be I
completed within 18 months of the Conditional Use Permit for Phase I and
36 months for Phase II;
11. The Conditional Use Permit shall be valid for a period of only 18 months
following approval of the use for Phase I and 36 months for Phase II.
Prior to the permanent renewal of the permit at the end of that period,
the applicant must satisfy all the conditions in the granting of the
permit. An on-site inspection will be made and a report made to the
City Commission for their action. If all required conditions have been
satisfied, the permit will be permanently renewed.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan,
Commissioner Stiff, Commissioner Martel. Commissioner Vant Hull and Mayor Mathre; those voting
No, none.
B rea k - 8: 25 to 8: 35 p. m .
Mayor Mathre declared a break from 8:25 p.m. to 8:35 p.m., in accordance with Commission
policy established at their regular meeting of March 14, 1983.
Prelimina!Y-.flat Review - S'Sin~ Meadows Subdivision - Spring Meadows Partnership --=~. 6-acre
tract located in the NW! of ectlon 19 and L:"6s No. 819A, located in the Nwror-Section 19, T2S,
R6E, MPM (east of-E:asf-Craf Park, south of Westridge Meadows PUDari(j-west'-of Valley View con
Cou rse ) ----
This was the time and place set for the review of the preliminary plat for Spring Meadows
Subdivision as submitted by Spring Meadows Partnership for a 18. 6-acre tract located in the I
northwest one-quarter of Section 19 and Certificate of Survey No. 819A, located in the northwest
one-quarter of Section 19. Township 2 South, Range 6 East, Montana Principal Meridian. This
site is more commonly known as being located east of East Graf Park, south of Westridge Meadows
Planned Unit Development, and west of the Valley View Golf Course.
Long Range Planning and Subdivision Administrator Marcia Elkins presented the Staff
Report. She stated this preliminary plat will create 27 lots on 18.6 acres located east of Graf
Park, west of Valley View Golf Course and south of Westridge Meadows Planned Unit Development.
She noted that 24 of the lots will be Single-family residential lots, and the three remaining lots
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193
will be large multi-famtly lots. The subdivision is to be serviced by two private roads, Spring
Meadows Drive and Billion Drive, gaining access through East Graf Street. Both private roads
wi II have cul-de-sacs at the ends, with an emergency access road to be provided across the
privately-owned property immediately to the north. Three parcels of parkland are to be
dedicated, two located along East Graf Street and one along the Sourdough Trail. The total
parkland dedication is 2.57 acres, which exceeds the one-ninth requirements by almost one acre.
I The Planner stated that under this preliminary plat, Flat Creek is to be relocated to the
boundary between the subject property and Valley View Golf Course. She noted that Matthew
Bird Spring Creek also traverses the subject property and would be located in one of the large
multi-family lots, requiring that flood plain regulations be observed during development of that
lot.
Long Range Planning and Subdivision Administrator Elkins stated that the property is
zoned R-2, Residential--single-family. medium-density; and all of the lots within the subdivision
meet the minimum lot area requirements. She indicated that sewer service wi II be provided from
the sewer Ii ne servici ng Westridge Meadows PU D to the north; a nd the water line wi II be from
the 24-inch main in East Graf Street, crossing the property to loop into the existing line in
Kagy Boulevard through Westridge Meadows PUD. The Planner then indicated that two storm
detention faci lities are to be provided, one in the parkland dedication along East Graf Park,
draining Into Matthew Bird Spring Creek, and one at the northern end of the project. draining
into Flat Creek.
Long Range Planning and Subdivision Administrator Marcia Elkins stated that the staff
reviewed this application, considering the eight public interest criteria. and found this
preliminary plat to be in the public interest. She noted that after conducting its public
hearing, the City-County Planning Board recommended approval of this application, subject to
sixteen conditions.
Mr. John Miller, representing Spring Meadows Partnership, stated that the group proposes
to develop the subject subdivision as the nicest, most exclusive residential area in Bozeman. He
I noted that the covenants and developmental guidelines, which are to be considered during the
following public hearing. will ensure that one wishing to construct a nice single-family home will
have homes of equivalent value surrounding him within the subdivision. He stated that with the
streets being private and with cul-de-sacs at this time, the only traffic in the subdivision will
be to the residences located there.
Mr. Miller then stated that the price of the lots includes a credit for landscaping, which
will ensure that landscaping will be done promptly. He further noted that landscaping plans must
be submitted to the architectural review committee for approval at the same time as the building
plans. He indicated that a substantial amount of buffering will be provided between this sub-
division and the park and other adjoining properties to ensure the privacy of those in the sub-
division as well as those on the other properties.
Mr. John Miller stated that Flat Creek is to be relocated to the property boundary between
the subject parcel and the golf course. He noted that the relocation wi II be constructed in a
manner that will support fish, which the stream currently does not. Mr. Mi lIer then stated that
the parkland dedication has been made in a manner that will even out the boundaries of East Graf
Park as well as provide a corridor for a portion of the Sourdough Trai I. He noted the trail was
a major concern last year, when the proposed parkland exchange fai led; and this dedication of
parkland would ensure at least that portion of the trail would be retained. He noted the area to
be dedicated is 80 feet in width. which wi II provide an area for buffering as well as the trail
itself.
Mr. Paul Kinshella, Sanderson/Stewart/Gaston Engineering, Inc., stated that the lot lines
I for the single-family lots within this subdivision have been offset ten to fifteen feet so that the
houses will not be directly across the road from each other. He also noted that the lots range
from 86 feet to 120 feet in width. which will provide flexibility in the placement of homes on the
lots. Mr. Kinshella stated that relocation of Flat Creek will enhance that stream, since it will be
upgraded to support brook trout. He noted that will also provide an amenity to the subdivision.
Paul Kinshella indicated that Spring Meadow Drive is longer than is allowed for a cul-de-sac
street; therefore, they are seeking an exemption to that regulation. He noted that the developer
is to install an emergency access across the property immediately to the north if this subdivision
is approved. Mr. Kinshella then stated that the developer has suggested the possibility of seeking
05-04-87
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191r
a special improvement district to develop East Graf Street to collector standards at this time,
rather than developing It to residential standards, then requiring future upgrading. He noted
the existing roadway is 60 feet wide; and the developer will widen the new portion to 65 feet, if
a special improvement district is crl!ated for that portion of the street improvements which
applies to collector streets versus residential streets. He indicated that the master plan shows
East Graf Street as a collector street, connecting with Goldenstein Lane.
Commissioner Vant Hull asked what the lEngth of the emergency access would be fro!!, the I
north end of this project to the south end of Fairway Drive, located in the Westridge Meadows
Planned Unit Development.
Mr. Kinshella stated it is approximately 1200 feet.
Commissioner Vant Hull noted that reference was made during the previous public hearing
to possible application for a waiver of the 35-foot streambank setback. She then asked which
lots would be affected and how much the waiver would be for.
Mr. Kinshella stated the waiver would be for the three lots which would border the re-
location of Flat Creek. He then indicated that the waiver could provide a better building site on
those lots; however. it would not be mandatory for development of the lots.
Mr. Mi lIer stated the encroachment would not exceed the standard rear yard setback for
zoning district, which is 25 feet.
Commissioner Vant Hull then asked if any of the trees to be planted as a buffer between
East Graf Park and the subdivision will be located within the park and, if so, if the developer
plans to maintain and water them.
Mr. Kinshella stated that the trees are to be planted on private lots unless the Park
Department would like them to be planted in the park instead. He then indicated that the
developer would be willing to water the trees to ensure their growth. Mr. Kinshella then stated
that the developer does not want to plant a hedge or install a landscape type fencing along, the:
entire length of the back lot lines; however, he does wish to install adequate landscaping to
buffer the subdivision as well as identify the location of the lot lines.
Commissioner Vant Hull asked if parking is to be prohibited in the cul-de-sac areas so I
that emergency vehicles have adequate room to maneuver.
Planner Elkins suggested the Commission may wish to add a condition requiring that the
cul-de-sacs be designated as fire lanes and that they be so signed, which will prohibit on-street
parking in those areas.
Commissioner Vant Hull then asked about participation in construction of sidewalks along
South Third Avenue as a part of this project.
Mr. Kinshella stated the developer has indicated he is willing to sign a waiver of protest
for the creation of an SID for installation of sidewalks along South Third Avenue.
Commissioner Vant Hull asked Mr. Miller if he has considered drilling wells for irrigation
within this subdivision.
Mr. John Miller stated that the engineers are currently working on a design for an irriga-
tion system for the subdivision with the water being supplied through a well system.
Mr. Frank Armknecht, 9748 Cougar Drive, stated support for the proposed subdivision.
He noted at the present time there are very few lots available within the city limits that provide
what these would have to offer. He further noted that development of this subdivision would
substantially add to the City's tax base.
Mr. Don Weaver, 2404 Spring Creltk Drive, stated that he has worked with Mr. Miller on
a method of preserving the Sourdough Trail. He then indicated support for the proposed sub-
division.
Dr. Brian Rogers, 2910 Colter Avenue, stated support for the developer's attempt to
preserve the Sourdough Trail but opposition to the proposed subdivision. He stated the sub- I
division does not meet the basic requirements and should be denied. He then cited two basic
concerns, (1) that East Graf Street provides the only access to this subdivision, which will
create an adverse impact on South Third Avenue, and (2) that a portion of the building sites
lies within the flood plain. He noted that the applicant also proposes private roads within the
subdivision, one of them being an 11 DO-foot cul-de-sac street. He indicated that allowing a
private street in this subdivision will eliminate any possibility of connecting East Graf Street and
Kagy Boulevard to eliminate some of the traffic congestion on South Third Avenue.
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185
Dr. Rogers then requested that the Commission deny this application until adequate traffic
studies can be completed. He expressed concern that this is only the first development in that
area, with subdivisions following closely all the way from East Graf Street to Goldenstein Lane.
He also requested that the Commission require adequate soils testing, since the subject property
is basically swampland and flood plain.
Mr. Henery Gardiner, 16 East Graf Street, expressed concern that the applicant listed
I the lots within the requested subdivision with a realtor on Wednesday morning, immediately
following the Tuesday night public hearing before the City-County Planning Board, contingent
upon Commission approval. He noted that the Planning staff has identified a need for additional
single-family residential lots within the city limits; however, he noted there are currently many
lots for sale and many homes for sale or rent. Mr. Gardiner stated that the retirement home
facility might be needed in the community; however, he expressed concern that it is to be con-
structed in a swamp. He then indicated opposition to the creation of any special Improvement
districts for East Graf Street, since he owns substantial frontage along both sides of that street.
Mr. Joe Armijo, 7690 Fowler Lane, showed an overhead picture of the area under considera-
tion. He noted that South Third Avenue is substandard, as is much of Sourdough Road. Mr.
Armijo then suggested that the City consider building an attractive north/south parkway-type
street from Goldenstein Lane to Kagy Boulevard to alleviate problems which could be caused by
future development of the area.
Mr. Jerry McNally, 102 West Graf Street, stated the City should require a public roadway
through the subdivision rather than allowing a private road. He noted, however, that with the
proposed 34-foot-wide roadway, the lots are only 89 feet deep. Mr. McNally suggested that the
Commission require a public road for this subdivision, which would allow the possibility of
requiring a public road through any development on the property immediately to the north. He
then noted that the subject area currently has cattails on it, showing that the area Is rather
swampy. He also expressed concern that Matthew Bird Spring Creek has flooded, even in dry
years. Mr. McNally requested that the Commission deny this subdivision, based on public health.
I safety and welfare.
Mr. Warren Scarrah, 110 Graf Street, expressed concern that the developer is seeking
variances to the zoning regulations through this proposal. He indicated he does not oppose
single-family residential development on the site; however, he feels any development should be in
conformance with the R-2 zoning designation. Mr. Scarrah then expressed concern for the safety
of residents in the proposed subdivision with East Graf Street being the only access because he
has seen it drifted on many occasions; and many of the residents in the retirement home could
need prompt medical attention. He further noted that the proposed roadway would have a rather
steep incline out of this development.
Mrs. Mary Etta Parkinson, 105 Graf Street, expressed appreciation for the developer's
proposal to preserve Sourdough Trail; however, development of the subject site would create
additional problems on South Third Avenue, particularly at its intersection with Graf Street and
Wagon Wheel Road. Mrs. Parkinson then requested that the Commission declare a moratorium on
additional subdivisions in that area until the problems with South Third Avenue have been
corrected.
Mrs. Christina Rogers, 2910 Colter Avenue, expressed concern about the safety of children
living in that area, particularly with the mix of vehicles, bicycles and pedestrians along South
Third Avenue. She then requested that the Commission deny this preliminary plat.
Dr. Dan Ireland, 2806 Colter Avenue. stated it seems the Planning staff has adequately
reviewed the Issues of concern and recommended approval; and the City-County Planning Board
has reviewed the item to determine whether the proposal is in compliance with the regulations.
I He noted that concern has been expressed about the need for sidewalks and the safety of children.
He indicated that he feels those issues should be addressed before action is taken on any
specific subdivision requests for the subject area.
Mr. Don Weaver stated he has not seen his pastures or the golf course flooded in the
twenty-seven years he has been in that area. He then indicated that he does not feel there is a
serious flood hazard on the subject property. either.
Long Range Planning and Subdivision Administrator Marcia Elkins stated that the flood
plain covers only a small portion of the subject property; and the developer proposes to build on
05-04-87
198
a very limited portion of that flood plain designation. She further noted that the developer will
be required to obtain a 310 permit prior to constructing East Graf Street; and the culverts to be
installed must be large enough to handle storm water flows.
The Planner then noted that concern has beem expressed about the high groundwater table
as well as soils in the area. She noted that the soils located on the subject property are the:
same as those located in 85 percent of the city; and that is taken into consideration during
construction. She further noted that techniques have been established for construction in areas I
with high groundwater levels; and such items will be reviewed for compliance with the Buildil;lg
Code before permits are issued.
Long Range Planning and Subdivision Administrator Elkins then stated that it has been
staff policy to allow one phase of a development before any traffic impacts are addressed. She
noted that a roadway has been dedicated through Gardner Park, which could provide another
access; or another possibility is to cross Sourdough Creek Properties to South Third Avenue.
She stated both of those possible accesses have been left open to provide a traffic circulation
pattern for the eventual development of the subject area. The Planner then noted one of the
major issues since the 1950's is a looped transportation system around the city; and the proposed
roadways could become a portion of that system.
Commissioner Jordan noted that concern has been expressed about the 6 percent grade on
East Graf Street from this subdivision.
Long Range Planning and Subdivision Administrator Marcia Elkins stated that the sub-
division regulations allow a 7 percent grade; so the proposal meets those regulations. She
further noted that the 6 percent grade is for a very short distance.
Mr. Patrick Holler stated that he recently moved onto Colter Avenue from South Montana
Avenue. He then questioned how the emergency access can be required to the north, since that
area contains two fields and three fences.
The Planner stated that the developer will need to work out the details for the emergency
access with that property owner.
Mr. Tom Fulton, 104 Heritage Drive, noted that even if another access is provided to I
Goldenstein Lane and South Third Avenue, people will still use East Graf Street because it
provides a closer access.
Mr. Jerry McNally noted that Fairway Drive is a private street. He then noted that if
the emergency access is installed, it will be only a short distance from Spring Creek Drive,
which could provide a second access to the subdivision.
Mrs. Mary Etta Parkinson asked if a roadway from East Graf Street through Gardner Park
to Goldenstein Lane will jeopardize the Sourdough Trail.
Planner Elkins stated that there is a dedicated roadway through the subject area, which
does cross the Sourdough Trai I.
Mr. Paul Kinshella noted that the Planning staff indicated earlier that the Master Plan
shows Graf Street extending southward to Goldenstein Lane. He then noted that South Eleventh
Avenue is projected to extend through the Allison Annexation to Kagy Boulevard, which will help
alleviate some of the traffic problems. Mr. Kinshella then reminded the Commission that the area
within this subdivision located in the floodway is small, involving a street crossing, common open
space and a small portion of the lot upon which the congregate living unit is proposed.
Mr. John Miller stated he understands the concerns that residents of the area have ex-
pressed about South Third Avenue. He then noted that the 6 percemt grade on East Graf Street
falls within the regulations. He also noted concern has been expressed about drifting snow, and
reminded the Commission of the location of the hospital. Mr. Mi lIer then stated that he is having
a complete soils test done on the property; and a copy of the results of those tests will be given
to each person building in the subdivision. I
Commissioner Martel asked Mr. Don Weaver if having a private road through the subdivision.
the undeveloped land and Westridge Meadows Planned Unit Development to Kagy Boulevard, without
any break-away barriers at the end of the Spring Meadows Subdivision would create any problems.
Mr. Weaver stated that private roads wi thout any barriers become publ ic roads.
It was moved by Commissioner Martel, seconded by Commissioner Stiff, that the customary
one-week waiting period be waived. The motion carried by the following Aye and No vote: those
voting Aye being Commissioner Martel, Commissioner Stiff, Commissioner Jordan and Mayor Mathre;
those voting No being Commissioner Vant Hull.
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187
Commissioner Martel stated the subject area does not provide ideal conditions for develop-
ment; however, the proposed subdivision seems to adapt itself to the property. He stated that
the traffic impacts and problems should be reviewed on a community-wide basis, rather than
considering this small area only. He then indicated support for the proposed subdivision.
Commissioner Vant Hull stated this issue is controversial; and she cannot vote to support
it if a decision is to be made tonight.
I Commissioner Stiff stated he has extreme concern over private streets. He then indicated
that he does not support the proposed subdivision.
It was moved by Commissioner Martel, seconded by Commissioner Jordan, that the Commission
approve the preliminary plat for the Spring Meadows Subdivision, located in the northwest one-
quarter of Section 19 and Certificate of Survey No. 819A, located in the northwest one-quarter
of Section 19, Township 2 South, Range 6 East, Montana Principal Meridian, subject to the
following conditions:
l. Montana Department of Health and Environmental Sciences approval of the
subdivision must occur prior to final plat approval;
2. The following high groundwater warning note shall be placed on the face of
the plat prior to final plat approval:
"Due to the possibility of high groundwater within the sub-
division, it is recommended that an investigation of the seasonal
high groundwater revels be made by a qualified engineer or soil
scientist prior to construction of structures with a lowest floor
level more than three feet below the top of the curb on the
street from which it is served"
3. The final plat shall include all required certificates as outlined in the
Bozeman Area Subdivision Regulations;
4. A utility easement shall be noted on the face of the plat along Spring
Meadows Drive and Bi lIion Place;
5. The correct area of Lot 2. Block 2 shall be identified on the face of the
final plat;
I 6. Prior to final plat approval. the applicant shall submit a weed control plan
to the County Weed Supervisor for review and approval;
7. The ownership of the walkway located in Block 1 shall be clarified on the
face of the plat. prior to final plat approval;
8. Prior to final plat approval, the applicant shall obtain a 310 permit and a
floodplain development permit for the Graf Street crossing of Matthew Bird
Spring Creek;
9. Prior to final plat approval, the applicant must obtain a 310 permit and
approval by the Federal Emergency Management Agency for the Flat Creek
relocation plan. Approval of the plan by the adjoining property owner must
also be obtained;
10. The design of the emergency access barrier at the northern property
boundary must be approved in writing by the City Engineer, Fire Marshal
and Police Chief prior to final plat approval. Adequate legal and physical
access must be provided for maintenance of the storm detention facility
located at the northern end of the property;
1l. The temporary cul-de-sac located at the southern end of Graf Street must
maintain a minimum 50-foot radius gravel surface and easement. An
easement must be obtained from the adjoining property owner for that
portion of the cul-de-sac located outside of Spring Meadows Subdivision;
12. Conflicts between the easements noted on the face of the plat and those
referenced in the covenants shall be resolved prior to final plat approval;
13. The Protective Covenants shall be revised in the following manner:
I a. Paragraph 6. page 6, shall be deleted;
b. Paragraph 7, page 6, shall be revised to eliminate references to
the use of the sanitary sewer for the disposal of garbage, trash and
other wastes;
c. Paragraph 6, page 8, shall be revised to preclude the planting of
trees and bushes in easement areas;
d. Paragraph 7, page 8, shall be deleted; and
e. The covenants shall be revised to include a more detailed
explanation of the Developmental Guidelines and the review process.
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14. The property owners of record shall file with the Gallatin County Clerk
and Recorder a waiver of right to protest the creation of 5.1. D.'s for
improvements to the intersection of Kagy Boulevard and South Third
Avenue, prior to final plat approval;
15. The final construction plans and profiles for all streets, water. sanitary
sewer, storm drainage. fire hydrants and sidewalks shall be prepared and
submitted for review and approval by the City Engineer pursuant to
Chapter 16.26 of the Bozeman Area Subdivision Regulations;
16. The developer shall enter into an Improvements Agreement with the City of I
Bozeman guaranteeing the completion of all improvements and conditions of
approval. If th~ final plat is to be approved prior to the installation of all
improvements, the developer shall supply the City of Bozeman with an accep-
table method of security equal to the amount of 150 percent of the cost of
the remaining improvements;
17. That the cul-de-sacs be declared as fire lanes and shall be marked ac-
cordingly. to preclude on-street parking in those locations;
18. The developer shall participate in an appropriate percentage of
right-of-way improvements for pedestrian walkways on South Third Avenue
based on the proportionate share of vehicular traffic generated by the
proposed P. U . D. ;
19. That construction of the emergency access road to the north be completed
by the developer and that the homeowners' association be responsible for
maintenance of that emergency access road.
It was moved by Commissioner Jordan, seconded by Commissioner Vant Hull, that the deci-
sion on this item be tabled for a period of two weeks. The motion carried by the following Aye
and No vote: those voting Aye being Commissioner Jordan, Commissioner Vant Hull and Mayor
Mathre; those voting No being Commissioner Stiff and Commissioner Martel.
Br~ak - 10:35 to 10:43 p.m.
Mayor Mathre declared a break from 10:35 p.m. to 10:43 p.m., in accordance with Commission
policy established at their regular meeting of March 14, 1983.
Public hearing - Conditional Use_~it -_.?p!'ing M~~dows Partnership -, ~_t!1_e_,_d_~t;~E.~!t!!t of I
Spring Meadows Subdivision, a resl,gentia.!. e~a!'22~d uni.!._devel9.E!!."!!l!!.!._u..!!LiE~9 develop!':.I.!E!!.<!!.
ruidelines, including sinr,e-family, multi-j'amily, con9regate and retirement care dwe!l~~ unit.!
same site as above item
This was the time and place set for the public hearing on the Conditional Use Permit re-
quested by Spring Meadows Partnership to allow the development of Spring Meadows Subdivision,
a residential planned unit development utilizing developmental guidelines, including single-family,
multi-family, congregate and retirement care dwelling units. This subdivision consists of a
18.6-acre tract located in the northwest one-quarter of Section 19 and Certificate of Survey No.
819A, located in the northwest one-quarter of Section 19, Township 2 South, Range 6 East, Montana
Principal Meridian. This site is more commonly known as being located east of East Graf Park,
south of Westridge Meadows Planned Unit Development, and west of the Valley View Golf Course.
Mayor Mathre opened the public hearing.
Long Range Planning and Subdivision Administrator Marcia Elkins presented the Staff Report.
She stated the two major issues to be considered under this Conditional Use Permit are the
developmental guidelines and the requested density bonus. She noted that this planned unit
development would contain 24 single-family dwelling units, 18 multi-family dwelling units, and a
congregate living facility containing 75 dwelling units. She stated the lots range in size from
8900 square feet to 4.96 acres; 2.57 acres is dedicated parkland; and an additional 2.5 acres is
common open space.
The Planner stated that under the R-2 zoning designation, 5 units are allowed per acre. I
with a possible density bonus of 6.75 units per acre; and the applicant is seeking a density
bonus to allow an average of 6.29 units per acre, for a total of 117 dwelling units. She noted
that most of that density bonus is to be in the congregate living unit. She stated that amenities
to be considered In the density bonus request include the mix of housing types, the park develop-
ment proposal, landscaping and buffering, development around Matthew Bird Spring Creek, and
relocation and upgrading of Flat Creek to a fishery standard.
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189
Long Range Planning and Subdivision Administrator Elkins stated that the Zoning Commission
considered this application and recommended approval, subject to ten conditions.
Mr. John Mi lIer, representing Spring Meadows Partnership, reviewed the justifications for
seeking a density bonus, including the amount of parkland dedicated and the amount of common
open space to be provided. He noted the major reason for seeking the density bonus is for the
retirement community, which will have two small sections encroaching upon the designated 1 DO-year
I floodplain. He then indicated that the amount of off-street parking required for that facility
under the zoning regulations Is much greater than the actual number required at existing facili-
ties around the region. He further noted that the amount of traffic generated by this type of
residential unit is much lower than for a condominium unit.
Mr. Miller showed the Commission a model of the proposed retirement center and its loca-
tion within the planned unit development. He noted it has been designed in a manner that will
minimize its impact on the area. He further noted it is important to locate a retirement center in
a residential area so that the people Jiving there feel like they are a part of the community. He
stated that the location of the building within the subdivision shields it from the surrounding
area while being close to the amenities of the subdivision.
Mr. Paul Kinshella, Sanderson/Stewart/Gaston Engineering, Inc., stated that all of the
requested density bonus is for the retirement center. which creates less impact on water, sewer
and street facilities than single- or multi-family residences would create. He then noted that,
since two small sections of the retirement center will encroach upon the 1 DO-year floodplain, the
FEMA regulations must be followed, which includes building the structure at least two feet above
the floodplain depth.
Mr. Jim Cordial, representing Leisure Life, Inc., stated that the company has been involved
in developing 45 projects of this nature in this region. He stated that the need for this type of
facility does exist in Montana; and Bozeman seems to have adequate need to make the project
viable. He noted that in 1940, 7 percent of the population was over 60 years of age; today 12
percent area; and in 2050, It is projected that 22 percent of the population will be over 60 years
I old. Mr. Cordial stated that the subject site is located within a residential area and has
pleasant views as well as amenities.
Mr. Jim Cordial then stated that the planned unit development will contain 117 units. He
noted 75 of those units will be in the retirement center, with 15 of the units providing personal
care. He stated that. since many of the residents of the center won't drive, the amount of
parking required and the traffic impact will be substantially reduced.
Mr. Cordial stated he is presently seeking financing for this project, which will depend
on whether this preliminary plat and conditional use permit are approved. He then noted that as
long as the FEMA requirements are met for building in the 100-year floodplain, the project would
be eligible for government funding. Mr. Cordial then stated that the results of the soils tests
will determine what type of footings will be required for this structure.
Commissioner Stiff asked about the potential problems of ingress and egress from the
facility in bad weather, as one of the residents brought up in the previous item.
Mr. Kinshella stated that the 6 percent grade on East Graf Street is for a short
distance--probably 25 feet. He further noted the street is not on a north slope, which should
alleviate any icing problems. He stated that the street will probably have as much chance to
drift as other major arterials in that area, such as Highland Boulevard and Kagy Boulevard.
Mr. Cordial stated that the retirement center will have equipment to remove snow from the
parking lot, which they could use to open the street if necessary in an emergency situation.
Commissioner Vant Hull asked how expensive the units would be to live in. The Commissioner
also asked if people will be accepted directly into the personal care units or if one must be a
I resident of the retirement center first.
Mr. Cordial stated that they will be constructed for those who can afford this type of
lifestyle. noting that the government has addressed the need for low-income rent-subsidized units.
He then stated that initially the personal care units will probably be rented directly to an
individual, but later residents of the facility will probably transfer into them when necessary.
Commissioner Vant Hull asked about the concern someone had expressed during the previous
agenda item about the possibility of the roadway washing out.
Long Range Planning and Subdivision Administrator Elkins stated that the developer must
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200
obtain a 310 permit before constructing the roadway; and it must be constructed to meet the re-
quirements of that permit.
Mr. Paul Kinshella stated that the street crossing must reserve an area for flood flow;
and the state regulations on floodplains require that the culverts must provide adequate flow for
a 1 DO-year flood so that the water level does not rise more than one-half foot. He then stated
that three culverts measuring 36 inches by 58 inches will be installed with three feet of fill
above them, so there should be no possibility of the street washing out unless a 500- to 1000- I
year flood were to occur.
Mr. Frank Armknecht, 9748 Cougar Drive, stated support for the project, for the same
reasons as those stated during the preliminary plat review. He noted the proposed retirement
center is 50,000 square feet in size; and he feels it will be a definite asset to the community.
Mr. Armknecht then noted that concern has been expressed about the fact there are no sidewalks
along South Third Avenue; however, there are many other arterial streets in the community, such
as North Rouse Avenue, Durston Road and West Babcock Street, where sidewalks don't exist.
Mr. Armknecht then stated that the area is trying to attract industry and people. He
noted that if the City discourages subdivisions, people wi II live out of town rather than in the
city limits; and the City will still be faced with the same traffic problems. He then encouraged
the Commission to approve this proje.ct.
Commissioner Vant Hull asked when the retirement center would be in operation if this
conditional use permit is approved.
Mr. Miller stated the process which must be followed is backwards for a devEdoper; there-
fore, he must pursue financing after approval has been given for construction of the facility.
He then stated that construction will probably not begin until next spring if the conditional use
permit is approved now.
Mrs. Christina Rogers, 2910 Colter Avenue, requested that the Commission consider residents
of the surrounding neighborhoods and the impacts this project would create on them I and particu-
larly the children in the area.
Mr. Ken Weaver, 100 Heritage Drive, noted that the Zoning Commission has added a condition I
to their recommendation for approval which would require the developer to participate in con-
struction of a walkway along South Third Avenue. He then encouraged the Commission to accept
that condition if they approve this conditional use permit, thus alleviating some of the conflict
between pedestrians and vehicles.
Mr. Weaver then questioned the appropriateness of allowing rental units in a retirement
center in the R-2 zone. He also questioned whether the density bonus allows development of
mUlti-family units in the R-2 zone.
It was moved by Commissioner Vant Hull that the public hearing be continued for a period
of two weeks. The motion fai led for lack of a second.
It was moved by Commissioner Martel, seconded by Commissioner Jordan, that the public
hearing be closed. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Martel, Commissioner Jordan, Commissioner Stiff and Mayor Mathre; those voting No
being Commissioner Vant Hull.
Mayor Mathre requested that the decision on this Conditional Use Permit be placed on the
May 18, 1987 agenda.
Adjournment - 11: 40 p. m.
There being no further business to come before the Commission at this time, it was moved
by Commissioner Jordan, seconded by Commissioner Stiff, that the meeting be adjourned. The
motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan,
Commissioner Stiff, Commissioner Martel. Commissioner Vant Hull and Mayor Mathre; those voting I
No, none.
JUDITH A. MATHRE, Mayor
ATTEST:
Clerk of the Commission
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