HomeMy WebLinkAbout1987-06-01
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONT ANA
June 1, 1987
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The Commission of the City of Bozeman met in regular session in the Commission Room,
I Municipal Building, June 1,1987, at 2:00 p.m. Present were Mayor Mathre, Commissioner Jordan,
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.
Minutes
It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the minutes
of their regular meeting of May 26, 1987, be approved as amended. 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 voti ng No, none.
This was the time and place set for the decision on the preliminary plat for Spring
Meadows Subdivision as submitted by Spring Meadows Partnership for 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.
City Manager Wysocki reminded the Commission that they had tabled the decisions on the
I preliminary plat and the Conditional Use Permit requested for Spring Meadows Subdivision so
that a full Commission would be present. He further reminded the Commission that at their May
4 meeting. a motion for approval of the preliminary plat, subject to nineteen conditions, had
been placed on the floor prior to tabling of the decision.
Commissioner Jordan asked if a condition requiring participation in improvement of the
intersection of South Third Avenue and West Graf Street should be included in possible approval
of this application.
Long Range Planning/Subdivision Administrator Marcia Elkins stated that engineering
information indicates no need for improvement of that intersection. based on traffic patterns and
projected traffic from this development and other potential development in the area. She indi-
cated it would be difficult to impose a condition on this item, since the engineering information
does not support the need for improvements.
Commissioner Jordan noted that this project will provide amenities in that area which
would not necessarily exist through another development. He then noted that Commissioner Vant
Hull has listed two major concerns In her memo to the other Commissioners which he feels should
be addressed. He noted that development should be encouraged within the city limits, with impacts
to roadways being addressed as those developments occur. He stated that he feels a walkway is
definitely needed along South Third Avenue; and he feels that the intersection of South Third
Street and West Graf Street should be improved, possibly being squared up with a four-way stop.
The Commissioner then stated that he feels the Commission should make a commitment to implement
those improvements as soon as possible, even if improvement of the intersection is not made a
I condition for approval of this application.
Mayor Mathre stated she feels there is a need for a sidewalk along South Third Avenue to
provide for pedestrian safety. She noted, however, that when the staff indicates there are no
traffic warrants for improvement of the intersection, it is difficult to require the improvement.
Commissioner Martel noted that additional traffic is the primary objection from those in the
area. He noted that extension of a north/south street, such as South 7th Avenue, to Kagy Boule-
vard at the same time as Kagy Boulevard is extended from South 11th Avenue to South 19th Avenue
could alleviate much of the traffic and problems at the intersection of South Third Avenue and
West Graf Street. The Commissioner stated that South Third Avenue is not the only traffic
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problem within the city; and he feels all of the issues should be addressed in an overall manner,
rather than considering one isolated case at this time.
Mayor Mathre asked if the City's transportation plan is being reviewed.
Planner Elkins stated that the transportation plan is being reviewed in conjunction with
the Master Plan update.
Commissioner Stiff noted that all of South Third Avenue is a problem. not just its inter-
section with West Graf Street. I
City Manager Wysocki reminded the Commission that some design problems will be incurred
with installation of sidewalks along South Third Avenue due to the deep borrow pits. He further
reminded the Commissioners that a portion of the property along both sides of the street lies
outside city limits.
Commissioner Stiff stated that he originally felt this preliminary plat should be denied
because it provides private streets rather than public streets, with future extension of the
public street through to Fairway Drive, which connects to Kagy Boulevard. The Commissioner
noted that review of development in that area, however, shows that construction of a public
street could decrease the value of those properties; therefore, he has decided to support the
private street concept.
The motion, which had been previously tabled. was then voted on as follows: It was moved
by Commissioner Martel, seconded by Commissioner Jordan, that the Commission approve the pre-
liminary 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:
IlDue to the possibility of high groundwater within the subdivision, it I
is recommended that an investigation of the seasonal high groundwater
levels 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 servedll
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 Billion Place;
5. The correct area of Lot 2, Block 2 shall be identified on the face of the
final plat;
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 I
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:
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229
a. Paragraph 6. page 6, shall be deleted;
b. Paragraph 7, page 6, shall be revised to eliminate ref-
erences 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;
I 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.
14. The property owners of record shall file with the Gallatin County Clerk and
Recorder a waiver of right to protest the creation of S. I. 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
Bozeman guaranteeing the completion of all improvements and conditions of
approval. If the final plat is to be approved prior to the installation of all
improvements, the developer shall supply the City of Bozeman with an
acceptable 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
I by the developer and that the homeowners' association be responsible for
maintenance of that emergency access road.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel,
Commissioner Jordan, Commissioner Stiff, Commissioner Vant Hull and Mayor Mathre; those voting
No, none.
It was then moved by Commissioner Jordan, seconded by Commissioner Stiff, that the staff
be directed to review South Third Avenue from its intersection with West Graf Street to its
intersection with Kagy Boulevard, submitting a report back to the Commission concerning public
improvements, including sidewalks. and possible annexation of those parcels currently outside
city limits. 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.
Decision - Conditional Use Permit - Spring Meadows Partnership - allow the development of
Spring Meadows Subdivision, a residential planned unit development utilizing developmental
quidellnes. includmg single-family, multi-family, congregate and retirement care dwelling units
(same Site as above Item)
This was the time and place set for the decision on the Conditional Use Permit requested
by Spring Meadows Partnership to allow the development of Spring Meadows Subdivision, a resi-
dential planned unit development utilizing developmental guidelines. including single-family,
multi-family, congregate and retirement care dwelling units. The subject site consists of a
I 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.
City Manager Wysocki reminded the Commission that the public hearing on this request
was conducted on May 4; and the decision has been tabled until a full Commission was present.
He then concurred in the Zoning Commission's recommendation for approval, subject to ten condi-
tions.
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230
Mayor Mathre noted that the developmental guidelines refer to internally-lighted signs,
which are not allowed in a residential area.
Long Range Planning/Subdivision Administrator Marcia Elkins stated that Condition No. 5
should be revised to reflect the need to change the development guidelines to address that
issue.
It was moved by Commissioner Stiff, seconded by Commissioner Martel. that the Commission
approve the Conditional Use Permit requested by Spring Meadows Partnership to allow the I
development of Spring Meadows Subdivision, subject to the following conditions:
1. Prior to final site plan approval, a specific park and open space de-
velopment plan shall be submitted for review and approval by the
Recreation Advisory Board. the Superintendent of Parks and Planning
Director. The plan shall include a detailed landscape plan, identification
of type and location of improvements and a development schedule
providing for the installation of those improvements prior to or
simultaneously with major development of the area.
2. Specific provisions for the maintenance of common open space shall be
included in the covenants and owners association documents.
3. A maximum of 117 dwelling units may be constructed within the P.U.D.
4. Prior to final site plan approval. a 310 Permit and floodplain development
permit shall be obtained for the relocation of Flat Creek.
5. Prior to final site plan approval. the following revisions shall be in-
corporated into the guidelines:
a. A specific section identifying the review procedure shall be in-
corporated into the guidelines.
b. Table 2.1 shall be revised to conform with the minimum setback
requirements outline in the Zoning Code.
c. A specific materials list and color palette shall be added to the
developmental guidelines.
d. References to building heights with the requirements of the
Bozeman City Zoning Ordinance shall be added to the design I
guidelines.
e. A reference to compliance with the requirements of the
Bozeman City Zoning Ordinance shall be added to the design
guidelines.
f. Specific light standards shall be identified in the developmental
guidelines.
g. Revise the sections dealing with signs to comply with the Zon-
ing Code and prohibit use of internally-lit signs.
6. The covenants and owners association documents shall be revised to
include language ensuring the maintenance of all open space and in-
corporation of the developmental guidelines into the covenants.
7. No building permits shall be issued for construction within Spring
Meadows P. U. D. prior to final plat approval of Spring Meadows Sub-
division.
8. Three copies of the land use design guidelines and required supporting
documents containing all the conditions, corrections and modifications
approved by the City Commission shall be submitted for review and
approved by the Planning Director within six (6) months of the date of
the City Commission approval, and prior to application for summary
review of Individual projects. One signed copy shall be retained by the
Building Inspection Division; one signed copy shall be retained by the
Planning Director; and one signed copy shall be retained by the
applicant.
9. A section shall be added to the development guidelines indicating that I
the verb "should" as used in the context of the developmental guidelines
shall mean "will" wherever effective.
10. The developer shall participate in an appropriate percentage of
right-of-way improvements for pedestrian walkways on South Third based
on the proportionate share of vehicular traffic generated by the
proposed P. U. D.
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.
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231
Decision - Zone Code Amendment - amend Section 18.50.150 of the Bozeman Municipal Code -
limiting the height or fences along a linear park to four feet in the rear yard setba~---
This was the time and place set for the decision on the Zone Code Amendment to amend
Section 18.50.150 of the Bozeman Municipal Code, limiting the height of fences along any linear
park to four feet in the rear yard setbacks.
City Manager Wysocki reminded the Commission that the staff had submitted this Zone Code
I Amendment at their direction. He then noted that the Zoning Commission conducted its public
hearing on this item and forwarded a resolution with no recommendation. The City Manager
further reminded the Commission that they had conducted the public hearing on this application
on May 18, 1987. He then recommended approval of the Zone Code Amendment.
Mayor Mathre asked if Commissioner Martel should participate in this discussion, since he
has a personal or financial interest.
City Attorney Bruce Becker stated that Section 2-2-131, M.C.A., provides that a public
officer may disclose the nature of his private interest which creates a conflict prior to taking
any official action.
Commissioner Martel stated he appeared before the Zoning Commission as an adjacent property
owner, noting that he had purchased that portion of the right-of-way which was available to him.
He then stated he does not feel that the decision on this Zone Code Amendment will create any
type of economic benefit to him.
Commissioner Martel then stated he has submitted a memo to the other Commissioners setting
forth the reasons why he feels this Zone Code Amendment should be disapproved. He noted that
no linear parks have been designated within the city to date; therefore, he feels this action is
premature. He further noted that the Milwaukee Railroad right-of-way traverses seven different
zoning districts, with varying setback requirements. The Commissioner stated he fails to see
the Importance of a four-foot-high fence, noting the City has an eight-foot fence around the
water tank. which is located in a City park.
Commissioner Jordan stated he will vote to disapprove the Zone Code Amendment because
I he does not support the process which the City has followed. He stated that he feels the City
should have purchased the entire right-of-way instead of offering a portion of it to the property
owners and then imposing restrictions on its use. The Commissioner stated that, although no
one wants a tunnel effect, property owners have a right to fence their back yard as they wish.
Commissioner Vant Hull stated she feels the linear park is an amenity which the City
should preserve. She then noted that last November, when this item was initially before the
Commission, many people spoke in opposition. She reminded the Commission that at the public
hearing on this Zone Code Amendment, opposition was minimal since only the four-foot limitation
on fences is being proposed.
Long Range Planning /Subdivision Administrator Marcia Elkins stated that the Recreation
Advisory Board will be submitting a request for a Conditional Use Permit for the linear park;
however, they have been awaiting action on this item prior to making formal application.
City Manager Wysocki noted that in the November 24, 1986 minutes, a question was raised
about the process that would be required to delete the old property lines so that the 17t-foot
strip purchased by property owners became a portion of their lots for taxing purposes. He noted
that review of the issue has revealed that some of the lots were established by certificates of
survey while others were established through subdivisions. He noted that two separate processes
are required to address those changes; however, in either case the property owners must initiate
the process.
It was moved by Commissioner Vant Hull, seconded by Commissioner Stiff, that the Commis-
sion approve the Zone Code Amendment requested by the Planning Staff to amend Section 18.50.150
I of the Bozeman Municipal Code. limiting the height of fences along a linear park to four feet in
the rear yard setbacks. The motion carried by the following Aye and No vote: those voting Aye
being Commissioner Vant Hull, Commissioner Stiff and Mayor Mathre; those voting No being Commis-
sioner Jordan and Commissioner Martel.
Report from Chairman Vern Voegele re Audit Committee functions and activities
City Manager Wysocki stated that Mr. Voegele is not present at this time and suggested
that this report be deferred.
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Report from Chairman _-:!.!~__~ro~_~!'~!3!S!:!~!Lo_n__~9"yj~~~a-,=-~_fl!~~tio_n_s_ and_~~ti'd!L~
City Manager Wysocki stated that Chairman Jim Brown is present to discuss the functions
and activities of the Recreation Advisory Board.
Mr. Jim Brown stated that the Board is comprised of nine members, five City representa-
tives, two County representatives and two School District representatives. all of whom are
appointed by the City Commission. He noted that the Board receives input from various groups
concerning recreation programs and use of facilities; and they attempt to put those requests in I
proper form prior to submittal to the Commission for consideration. He stated the Board is also
seeking ways to improve funding of recreational programs in the community. He noted the Board
is also working on a master plan and long-range goals for recreation.
Mr. Brown stated that the Recreation Advisory Board conducts monthly meetings, with
extra meetings being held whenever necessary. He noted that at those meetings, the Board
recommends action to be taken on various requests, with those recommendations then being for-
warded to the Recreation Superintendent and the City Manager.
Mr. Brown stated that the Board reviews proposed subdivisions to be sure that the park-
land dedications meet all of the requirements. He noted the Board is also working on a new
park ordinance at the present time.
Mr. Jim Brown then stated that members of the Board have a diverse background, briefly
reviewing current members and their backgrounds. He noted that the members work well together,
complementing each other when working on various aspects of recreation.
Mayor Mathre asked if the recreation master plan would become a part of the Bozeman Area
Master Plan.
The City Manager suggested that the recreation master plan could become a part of the
overall master plan for the area after it has been completely developed.
The Commission thanked Mr. Brown for his presentation.
Report from Chairman Jim Banks re Board of Adjustment functions and activities
City Manager Wysocki stated that Chairman Jim Banks is present to submit a report on I
the Board of Adjustment and its functions and activities.
Mr. Jim Banks noted that most of the Commissioners have attended at least one Board of
Adjustment meeting and, therefore. know how the system operates. Mr. Banks stated that the
Board issues quasi-judicial decisions on variances to the Zone Code, with those decisions
appealed only to District Court. He noted there are five members on the Board; and the State
Statutes require four affirmative votes to approve a variance. He noted that, therefore, only
one member may be absent from any meeting.
Mr. Banks reminded the Commission that during the past legislative session, a bill was
passed which allows for expansion of the Board of Adjustment to seven members, while stili re-
quiring four affirmative votes for approval of an item. He noted the Board plans to discuss this
new provision at its next meeting, after which it will submit a recommendation to the City
Commission. He urged the Commission to carefully consider any additional appointments to the
Board, since it is quasi-judicial rather than advisory.
Mr. Jim Banks then stated that one decision has been appealed to the District Court in
the past three and one-half years that he has served on the Board. He also indicated that he
attempts to allow adequate discussion to provide a unanimous decision, avoiding split decisions
whenever possible.
Mr. Banks then noted that members of the various boards and commissions are volunteers,
with their only compensation being psychological. He urged the Commissioners to let the board
members know if they are doing a good job. He also suggested that if the Commissioners do not
reappoint a member, they should let that individual know before they read It in the newspaper. I
The Commission thanked Mr. Banks for his presentation.
Permanent appointment of City representative to the Yel.lowstone Country B~ard
City Manager Wysocki presented to the Commission a letter from Ms. Daria Joyner, Executive
Director of the Bozeman Area Chamber of Commerce, concerning permanent appointment of a City
representative to the Yellowstone Country Board.
Commissioner Martel asked for a brief update on the Yellowstone Country Board.
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Ms. Daria Joyner noted that this tourism group was established approximately five years
ago, however, they have had no funding until passage of a bill to provide for a 4 percent bed
tax, effective July 1, 1987. She noted that the Board will be responsible for administering those
monies in this five-county region. Ms. Joyner noted that the City had temporarily appointed Mr.
Jerry Perkins to represent the City; and at their May 18 meeting, the Board of Directors elected
him to serve as President. She then requested that the Commission endorse him as the City's
I representative.
It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission
appoint Jerry Perkins to serve as the City's representative on the Yellowstone Country Board of
Directors. The motion carried by the following Aye and No vote: those voting Aye being Commis-
sioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre;
those voting No, none.
S rea k - 3: 25 to 3: 35 p. m .
Mayor Mathre declared a break from 3:25 p.m. to 3:35 p.m., in accordance with Commission
policy established at their regular meeting of March 14, 1983.
City Manager Wysocki presented Ordinance No. 1236. as prepared by the City' Attorney,
entitled:
ORDINANCE NO. 1236
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING SECTIONS 5.06.042 AND 5.06.044 OF THE BOZEMAN
MUNICIPAL CODE REVISING THE FEE STRUCTURE FOR LICENSES ISSUED FOR
VIDEO DRAW POKER AND ELECTRONIC KENO MACHINES TO COMPLY WITH
STATE LAW.
The City Manager stated that this Ordinance revises the current license fee structures
I for video draw poker machines and electronic keno machines to bring them into compliance with
H B863, which becomes effective July 1, 1987. He reminded the Commission that this House Bill
lowers the maximum local government license fee to $100.00 per machine. plus dividing a speci-
fied percentage of the gross receipts from each machine between the state and local governments.
The City Manager noted that this Ordinance does not remove the limitation of five machines or an
aggregate of seven gaming devices per establishment; and the license fee for live poker tables
will remain at $1,000.
The City Manager then recommended that the Commission provisionally adopt Ordinance
No. 1236 and that it be brought back in two weeks for final adoption.
Commissioner Jordan expressed concern that this legislative action will reduce the City's
revenues, noting that any decrease In this source of revenue should be brought to the Legisla-
ture's attention during its next session.
Commissioner Vant Hull asked if there is a provision in HB863 for license fees for machine
distributors as well as establishments in which the machines are located. She suggested if there
Is such a provision in the legislation, it should possibly be included in the ordinance as well.
City Attorney Becker indicated he will review the legislation.
It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Commis-
sion provisionally adopt Ordinance No. 1236 and that It be brought back in two weeks for final
adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Martel, Commissioner Vant Hull. Commissioner Jordan, Commissioner Stiff and Mayor Mathre; those
voting No, none.
I Discussion - Ordinance No. - enacting a code of ethics for City officials and
employees
City Manager Wysocki presented to the Commission for discussion, a draft ordinance
enacting a code of ethics for City officials and employees. as prepared by the City Attorney,
entitled:
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231r
ORDINANCE NO.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, ENACTING A CODE OF ETHICS FOR CITY OFFICIALS AND EM-
PLOYEES.
The City Manager reminded the Commission that they had directed the City Attorney to
draft this Ordinance, which is now before them for discussion.
Commissioner Martel questioned the definition of "financial interest." I
City Attorney Becker stated the definition was taken from a book prepared by a national
publishing company. He then indicated that under this definition, financial interest does not
include his salary, but does apply to any other monetary or material benefit which he would
derive from his position that is not commonly available to all citizens of the community.
Mayor Mathre noted that the proposed definition includes those items valued at $50.00 or
more, while the State Statute places no value limitation on such items. She then suggested that
the amount should possibly be t=liminated, indicating she feels it is too high. Following
discussion the Commission concurred that the $50.00 amount should be lowered to $15.00, since
the policy applies to staff members as well as Commissioners.
Commissioner Martel then questioned the definition for "immediate family, II suggesting it
should possibly be expanded to include more than the spouse and children.
Commissioner Vant Hull asked if this policy would allow individuals serving on boards of
non-profit organizations to vote on items affecting that agency.
City Attorney Becker stated that if a Commissioner is serving as a volunteer on a board,
he feels that individual should be able to vote on an issue affecting that agency since no
financial interest is involved.
City Manager Wysocki suggested that further discussion of this policy be continued at a
later date since several agenda items remain.
Mayor Mathre requested that this item be placed on the June 15 agenda for additional
discussion.
Staff report - review of status of Water Fund I
City Manager Wysocki distributed to the Commission a copy of the financial summary for
the Water Fund for this fiscal year as well as the prior four fiscal years. He also distributed a
narrative addressing the various changes in revenues and expenditures over the subject five-year
period.
Director of Finance Gamradt reviewed the financial summary. He reminded the Commission
that the bond covenants require 125 percent coverage of the debt service costs; and the projected
revenues will provide 114 percent coverage for this fiscal year. He noted that is substantially
improved from past fiscal years, but does not yet meet the bond covenants. The Director of
Finance stated that the staff projects a 20 percent increase in revenues over last fiscal year and
a 1 percent increase in expenditures, with a net loss of $143,000 for the year. He indicated that
is due in part to depreciation expenses, which do not affect the cash flow; however, the $125,000
in principal payments on the bond issue is not reflected in this summary. Director of Finance
Gamradt then reminded the Commission that the Water Fund has an outstanding loan from the General
Fund in the amount of $387,000, which must be repaid as soon as possibl~.
Director of Public Service Dick Holmes noted that, although the City received a rate
increase from the Public Service Commission In January 1983, it was not adequate to cover the
costs of operating the Water Treatment Plant. He noted that those costs were initially projected
at $69,000 per year; however, the State requires that the plant be manned whenever in operation,
which has increased those costs to $210,000 per year.
Commissioner Martel asked what is included under administrative charges. The Director I
of Finance responded that those costs include items such as a portion of the salaries for the City
Commissioners, City Manager, Director of Finance and Director of Public Service.
City Manager Wysocki noted that the amount of water consumption has an impact on the
status of this fund. He reminded the Commission that items such as snow pack. rain and water
rationing all impact the amount of water consumed. and thus the revenues.
Commissioner Martel asked if the amount of depreciation expense will increase. Director
of Public Service Holmes stated that depreciation expense will increase slightly. He noted that
06-01-87
235
twelve months of depreciation on all items except the new water tank have been included in Fiscal
Year 1987.
Director of Finance Gamradt reminded the Commission that the latest water rate increase
went into effect in May 1986, which is the main reason for the projected 20 percent increase in
revenues for this fiscal year. He noted that the rate increase provided an overall Increase of
approximately 40 percent; however a random review of residential accounts revealed a 10 percent
I decrease in usage. The Director of Finance stated that the Public Service Commission has
indicated that a 10 to 20 percent decrease in usage following a rate increase is not unusual. He
further noted that the rates for commercial and governmental uses actually declined under the
latest rate increase.
City Manager Wysocki reminded the Commission that the interest rate on the current water
bond issue is 9.66 percent. He further reminded them that an attempt to refinance the bonds
last year was not successful because the City had not met its 125 percent coverage requirements
and could not obtain MBIA insurance.
The City Manager then reminded the Commission that possible expansion of Hyalite Dam is
projected to begin in 1988, with completion in 1990, and with the first payment being due in
1991 . Also, the City has received approval of a ~750,000 loan from DNRC for improvement of
the Lyman Creek supply, which is to be repaid over a twenty-year period. He then noted that
the City should also consider funding for a presedimentation basin, which could possibly be done
through refinancing of the existing bond issue or seeking a new bond issue.
Commissioner Vant Hull expressed concern that the State mandates specific requirements
which increase the costs and asked if there is any way to possibly lower those requirements.
Director of Public Service Holmes stated that the staff has been adding various items at
the Water Treatment Plant in an attempt to make the system more automated. He noted that once
all the things necessary to make the plant automated, including necessary safeguards, have been
installed, the City staff will then work with the State in an attempt to remove the requirement
for 24-hour manning of the facility.
I Commissioner Vant Hull asked if this information indicates the need for implementing an
increase of slightly less than 12 percent as soon as possible.
City Manager Wysocki stated that he feels the City should implement an increase of less
than 12 percent as soon as possible, with the possibility of seeking another small increase the
following year or possibly pursuing an increase before the Public Service Commission if a larger
increase is necessary to service the potential new debt.
The Commission concurred that the process necessary for a rate increase should be started
as soon as possible.
Commission Resolution No. 2655 - authorizing sale of warrants for 1986 Sidewalk Program
City Manager Wysocki presented Commission Resolution No. 2655, as prepared by the City
Attorney. entitled:
COMMISSION RESOLUTION NO. 2655
A RESOLUTION RELATING TO SPECIAL SIDEWALK, CURB, GUTTER AND
ALLEY APPROACH BONDS: AUTHORIZING AND DIRECTING THE ADVER-
TISEMENT AND SALE OF $95,500 CITY OF BOZEMAN SPECIAL SIDEWALK,
CURB, GUTTER AND ALLEY APPROACH BONDS, TO PROVIDE FUNDS FOR
PAYMENT FOR WORK IN CONJUNCTION WITH THE CITY'S ANNUAL SIDEWALK,
CURB. GUTTER AND ALLEY APPROACH CONSTRUCTION PROGRAM.
The City Manager reminded the Commission that the total cost of this project was estimated
at approximately $144,500. He stated that the City has allowed the property owners thirty days
in which to respond on whether they wish to install the sidewalks privately; and the costs for
I those parcels have been deleted from the original estimate, leaving a balance of $95,500 to cover
the costs of installation plus costs associated with issuance of the warrants.
The City Manager then recommended that the Commission adopt Commission Resolution No.
2655, authorizing the sale of warrants for the 1986 Sidewalk Program.
It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Commis-
sion finally adopt Commission Resolution No. 2655, authorizing the sale of warrants for the 1986
Sidewalk 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.
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238
Discussion - selection of Commissioner to serve on State Centennial Committee to coordinate local
activities ___m"___..." ______. _.-.w-........_. _._. _._,,_.'._._'....._.._. ...._..___.,_ _.-------..-....-.._. - --_.- --.-- -,_.'--,'-~,.....'_.- _.-"- - - -,--,.-..-..------'---.- -,-,._., _._-
City Manager Wysocki reminded the Commission that this item was placed on the agenda as
a result of last week's FY I items.
Mayor Mathre stated she would be willing to serve on the committee until another Commis-
sioner indicates interest in taking over those duties. The Commission concurred.
Claims I
--
City Manager Wysocki stated this item was the only one which would have appeared on a
consent agenda. He then recommended that the claims be approved as listed and that the Director
of Finance be ordered and directed to pay those claims.
It was moved by Commissioner Jordan. seconded by Commissioner Stiff, that the Commission
approve the claims as listed. and authorize and direct the Director of Finance to issue payments
for same. The motion carried by the following Aye and No vote: those voting Aye being Commis-
sioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre;
those voting No, none.
Recess - 5:25 p.m.
Mayor Mathre declared a recess at 5:25 p.m., to reconvene at 7:00 p.m. for the purpose
of conducting the scheduled public hearings and to complete the routine business items.
Reconvene - 7:00 p.m.
Mayor Mathre reconvened the meeting at 7:00 p.m. for the purpose of conducting the
scheduled public hearings and to complete the routine business items.
Public hearin~ - Conditional Use Permit - Brian J. Stoppel - allow an addition to existinr
industrial bUilding on Lot..._1_,_!!.lock 1, B!:rdg~~_~=e!'ter -Sij6d!vrsior1(1Jl.?__~<2!!I!'ler(:raT~!,!~e .
This was the time and place set for the public hearing on the Conditional Use Permit I
requested by Brian J. Stoppel to allow an addition to the existing industrial building on Lot 1 of
Block 1, Bridger Center Subdivision. This site is more commonly known as being located at 107
Commercial Drive.
Mayor Mathre opened the public hearing.
Community Development/Zoning Specialist Dave Skelton presented the Staff Report. He
stated that the applicant wishes to construct a 20-foot addition along the north side of the
existing building at 107 Commercial Drive. He noted the subject parcel is located in an M-1- T
Zone, which requires that the conditional use process be followed, with specific review being
made of signaglt, buffering to adjacent zoning designations, and access to sewu faci lities. The
Planner stated that no additional signs are being proposed; the parcel is not adjacent to any
other city zoning designation; and the site is currently tied to a private sewer system.
Community Development/ Zoning Specialist Skelton stated that the Zoning Commission has
reviewed this application and recommended approval, subject to the six conditions recommended
by the Planning Staff.
Mrs. Rosalee Petroff, representing the applicant, stated that Mr. Stoppel does accept the
conditions which have been recommended for approval of the application.
No one was present to speak in opposition to the proposed Conditional Use Permit.
Mayor Mathre closed the public hearing.
It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission
waive the customary one-week waiting interval. The motion carried by the following Aye and No
vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Com- I
missioner Vant Hull and Mayor Mathre; those voting No, none.
It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission
approve the Conditional Use Permit requested by Brian J. Stoppel to allow an addition to an exist-
ing industrial building on Lot 1, Block 1, Bridger Center Subdivision, subject to the conditions
recommended by the Zoning Commission as follows:
1. That a three-foot wide walkway be provided along the east and west sides
of the building and that it be identified by using concrete pin-down
wheelstops between the off-street parking spaces and walkway.
06-01-87
237
2. That the private manhole be adjusted to final grade and that it be reviewed
by the City Engineer for his approval prior to occupancy of the addition.
3. That the developer enter into an improvements agreement with the City of
Bozeman. The structure may not be occupied until all required improve-
ments have been Installed and inspected and accepted by the City of
Bozeman. If occupancy is to occur prior to the installation of the required
improvements. the agreement with an acceptable method of security equal to
one and one-half times the amount of the cost of the scheduled improve-
I ments shall be provided to secure completion.
4. That three copies of the final site plan containing all the conditions,
corrections and modifications approved by the City Commission be submitted
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 Inspection Division; one signed copy shall be retained by the
Planning Director; and one signed copy shall be retained by the applicant.
5. That all on-site improvements (Le., paving, landscaping, etc.) shall be
completed within 18 months of the Conditional Use Permit as shown on the
approved final site plan.
6. That the Conditional Use Permit shall be valid for a period of only 18
months following approval of the use. 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. I f all
required conditions have been satisfied, the permit wi II be permanently
renewed.
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 This was the time and place set for the public hearing on the Conditional Use Permit
requested by James W. Kack to allow a Planned Unit Development office park with construction of
up to 18,000 square feet of business and professional offices on Tracts 1 A and 1 B of the
Amended Plat of Tract 1 of College Subdivision. This site is more commonly known as being
located at 1711 West College Street.
Mayor Mathre opened the public hearing.
Community Development/Zoning Specialist Dave Skelton presented the Staff Report. He
stated that the applicant has been working on this subject project over the past five years,
receiving a Conditional Use Permit for a major Planned Unit Development in February 1984. He
noted that Conditional Use Permit contained five phases for construction of professional office
buildings; and the first building was constructed within the initial eighteen-month period. He
stated, however, that the second building was not constructed within the subsequent eighteen-
month period; therefore, that Conditional Use Permit has expired.
Planner Skelton stated that basically the same proposal is now before the Commission for
consideration. He noted the major difference is that this application contains land use
developmental guidelines, which allows flexibility which the eighteen-month approval period under
the standard Conditional Use Permit does not.
The Planner stated that the applicant proposes to construct five professional office
buildings in five separate phases on Tracts 1 A and 1 B of the Amended Plat of Tract 1 of College
Subdivision. He noted that the buildings are to be developed with a park-like setting between
I them and driveways and parking areas around the perimeter. He stated that improvements are
to be installed as each phase is constructed; however, when Phase I" is developed, the interior
driveway which loops around the site must be completed through Phase IV and V as well.
Community Development/Zoning Specialist Skelton reviewed some of the staff concerns about
the proposal, noting that Mr. Kack is working with the staff to resolve those issues. He noted
that the proposed signage does not comply with zoning regulations and, therefore. must be
revi sed. He further noted that the required landscaping in the parking areas must be provided,
as well as three additional parking spaces to meet those requirements. The Planner also noted
that buffering of this project from adjacent land uses must be addressed, along with fencing
06-01-87
235
around garbage receptacles and utility services. He stated that adequate exterior on-site
lighting must also be provided for the project.
Planner Skelton stated that, after its review of this application, the Zoning Commission
recommended approval subject to the fourteen conditions recommended by the Planning Staff.
Mr. Jim Kack, 6531 Jackson Creek Road, stated that he has no problem with any of the
staff findings and accepts all of the conditions recommended by the Zoning Commission. He noted
that if this application is approved, he plans to address the staff requirements and submit a I
final site plan within six months, since only a conceptual or master plan has been developed to
date.
Commissioner Martel questioned why two separate tracts are involved in this application.
Mr. Kack stated that he had divided the tract approximately five years ago. with him
owning the parcel where the first building was constructed and a corporation owning the remain-
ing portion of the site for estate planning purposes. H. noted that the site has since been
placed back under one ownership; however, the separate tract designations have been retained
to provide uniformity.
Ms. Georgia Hohensee, 222 South Willson Avenue, stated she owns property in that area
and asked what will happen to the taxes on her property, noting that every time a parcel
develops, it increases her taxes.
Mayor Mathre noted that when property devl:lops, it adds to the City'S tax base, which
allows the mill levy to remain constant.
The City Manager then noted that development of a parcel could possibly increase the
value of surrounding properties, which would in turn increase the taxes.
No one was present to speak in opposition to the requested Conditional Use Permit.
Mayor Mathre closed the public hearing.
It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Com-
mission waive the customary one-week waiting interval. 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. I
It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Com-
mission approve the Conditional Use Permit requested by James W. Kack to allow a Planned Unit
Development office park with construction of up to 18,000 square feet of business and pro-
fessional offices on Tracts 1 A and 1 B of the Amended Plat of Tract 1 of College Subdivision,
subject to the conditions recommended by the Zoning Commission as follows:
1. That the land use development guidelines be recorded and filed at the
Gallatin County Clerk and Recorder's Office prior to final approval.
2. That the land use development guidelines section titled "Review and
Approval Process" be amended to more clearly stipulate the authority of the
Zoning Commission to request a public hearing, by a majority vote, on each
in-house summary review and approval.
3. That the land use development guidelines section titled "Signage" be
amended to more closely reflect the signage requirements outlined in Section
18.26.020 of the Zoning Code.
4. That the section titled "Landscaping" in the land use development guidelines
be amended to more clearly define the requirements of landscaping for off-
street parking lots as outlined in Section 18.62.130(C) of the Zoning Code.
5. That the land use development guidelines provide a section relating to
fencing and screening for the planned unit development; and that
designated garbage refuse areas be identified on the master plan prior to
final sit. plan approval.
6. That the land use development guidelines provide a section defining exterior
on-site lighting for all buildings, as well as the planned unit development, I
and that a lighting plan be identified on the master plan prior to final site
plan approval.
7. That the land use development guidelines provide a site planning section
discussing installation of on-site improvements and that improvement details
be incorporated into the land use development guidelines as required by
City staff.
8. That the applicant provide documentation to the City Engineer for review
and approval concerning water and storm sewer extensions, storm drainage
detention ponds, easements and adequate snow removal storage areas prior
to final site plan approval.
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239
9. That a waiver of protest for SID's along West College Street be documented
by the applicant prior to final site plan approval.
10. That the land use development guidelines provide an off-street parking
section and that a "Schedule for Off-Street Parking" be provided with a
running balance column of parking spaces for each phase prior to final site
plan approval.
11. That the developer enter into an Improvements agreement with the City of
I Bozema n . The structures may not be occupied until all required improve-
ments have been installed and inspected and accepted by the City of
Bozeman. If occupancy is to occur prior to the installation of the required
improvements, the agreement with an acceptable method of security equal to
one and one-half times the amount of the cost of the scheduled improve-
ments shall be provided to secure completion.
12. That four copies of the final site plan containing all the conditions,
corrections and modifications approved by the City Commission be submitted
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 Inspection Division, one by the Planning Director, one by the
applicant and one by the architectural review committee.
13. 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.
14. The Conditional Use Permit shall be valid for a period of only 18 months
following approval of the use. 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
Vant Hull, Commissioner Jordan, Commissioner Stiff, Commissioner Martel and Mayor Mathre;
those voting No, none.
I This was the time and place set for the public hearing on the Conditional Use Permit
requested by Golf Course Partners, Inc., to allow construction of a golf course, pro shop and
practice facilities in Section 31, Township 2 South, Range 6 East, Montana Principal Meridian.
This site is more commonly known as being located north of Bridger Drive and west of Story Mill
Road.
Mayor Mathre opened the public hearing.
Community Development/Zoning Specialist Dave Skelton presented the Staff Report. He
stated the proposal is to construct an eighteen-hole golf course on property currently located in
an AS, Agricultural Suburban, and an M-1- T, Commercial--Light Manufacturing with a Transitional
Overlay, District. The proposed golf course would be located north of Bridger Drive, west of
Story Mill Road, south of the landfi II, and east of the East Gallatin River. He noted that
Bridger Creek and Mcllhattan Road also run through the subject site.
Planner Skelton stated that the master plan for the subject area indicates residential lots;
however, the residential area is not a part of this application since possible annexation and
extension of city services must fi rst be addressed.
The Planner indicated that access to the pro shop and golf facilities will be from Bridger
Drive. The applicant will be required to seek an access easement or purchase adequate right-of-
way to provide a driveway which will meet the City's standards for a public street.
I The Community Development/Zoning Specialist stated that this proposed use is in compliance
with the Bozeman Area Master Plan. He stated that, following review, the Zoning Commission
concurred in the staff's recommendation for approval, subject to eleven conditions.
Mr. Jim Dobrowski, Morrison-Maierle, stated that the subject parcel contains 287 acres,
1S4 acres of which will be involved in the golf course facilities. He noted that some of the
property lies within a SOO-year floodplain; and those areas have been included in the golf course
site. Mr. Dobrowski stated that the Planning Staff raised concerns when the original application,
including the golf course and lOW-denSity residential, was submitted because they feared the golf
course may be eliminated at some time in the future and the entire area developed as residential.
06-01-87
240
He indicated that construction of the golf course now will eliminate that concern. He noted that
a diversion structure will be placed in Bridger Creek for irrigation of the golf course, since the
property owners have 175 miners inches of water rights in that stream. He stated that the
Montana Department of Highways has already approved the approach to Bridger Drive for this
facility.
Commissioner Vant Hull asked if any of the project is to be annexed or if it will remain
outside city limits. I
Mr. Dobrowski stated that initial plans were to tie into the City water and sew~r services
for the pro shop; however, there are no provisions for extending water services outside city
limits. He indicated that the developer has decided to install a well. Mr. Dobrowski then noted
that the project may be annexed at some time in the future; however I there are no such plans at
this time.
Mr. Rex Easton, President of Gol f Course Partners, I nc., stated that the group has been
looking for a golf course site for eight years and has been looking at the subject site for the
past two and one-half years. He noted this site lends itself well to the proposed use, reminding
the Commission that Glenlake Park lies along the west side of the project and the landfill lies
along the north side of the project. Mr. Easton stated that the partners plan to make the golf
course a stand-alone operation, not dependent upon the residential development proposed to
surround it.
Mr. Easton stated that the developers plan to make this a first-class operation, increasing
recreational opportunities in the area and attracting tourists. He then indicated an interest in
developing winter activities on the golf course site also, such as nordic skiing, stating that such
an operation would probably require using a portion of the landfill property and the Glenlake
Park property.
Commissioner Vant Hull asked Mr. Easton if possible leaching of the landfill will create
any problems for the residences to be constructed around the golf course.
Mr. Easton stated that many of the monitoring wells for the landfill are located on the
subject property. He then indicated that he does not anticipate leaching to become a problem, I
particularly since the underground waters tend to flow north and west, which is away from the
subject parcel. He further noted that the monitoring wells will provide an early warning of any
problems. Mr. Easton stated he would prefer that any residential development be provided City
water and sewer services if possible.
Mayor Mathre asked Mr. Easton if he agrees to the conditions recommended by the Zoning
Commission; and he indicated that he does.
Mr. Glen Hash, 3316 Sundance Drive, stated that he has worked with the State Fish,
Wildlife and Parks Department on the Glenlake Park project. He then noted that the riverbed
for the East Gallatin River provides the boundary line between that park and the proposed
project, noting that the river has a tendency to change courses. He then encouraged the
developers to work with the Fish, Wildlife and Parks Department on the project.
Mr. Doug Abram, State of Montana Fish, Wildlife and Parks Department, stated the depart-
ment feels the proposed use is a good use of that land. He then encouraged the developers to
work with his department as well as the City in developing the golf course to ensure that as
many concerns are addressed as possible. He suggested that the river be made available to
fishermen if possible.
Mr. Easton stated that he is willing to work with the Fish, Wildlife and Parks Department
on developing the golf course. He noted that fishing and golfing don't mix well; however, fish-
ing will probably be allowed when the course is not being used. He also noted that winter
activities could be accommodated, as indicated earlier in this hearing.
Commissioner Jordan asked if the 35-foot stream setback and 5-foot strip of vegetation I
will be a requirement in this project.
Planner Dave Skelton stated it will be required. He noted that Mr. Jerry Wells, State
Department of Fish, Wildlife and Parks, has reviewed the application. He then indicated that the
applicant will be required to obtain a 310 permit to put three pedestrian bridges across Bridger
Creek.
No one was present to speak in opposition to the proposed Conditional Use Permit.
Mayor Mathre closed the public hearing.
06-01-87
241
It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission
waive the customary one-week waiting period. 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.
It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission
approve the Conditional Use Permit requested by Golf Course Partners, Inc, to allow the con-
I struction of a golf course, pro shop and practice facilities in Section 31, Township 1 South,
Range 6 East, Montana Principal Meridian, subject to the conditions recommended by the Zoning
Commission as follows:
1. That plans and profiles of the access road through Tract D via Bridger
Drive be reviewed and approved by the City Engineer prior to final site
plan approval.
2. That a method of dedication of the right of way through Tract D be
reviewed and approved by the City staff prior to final site plan approval.
3. That a dead-end barricade be provided at the terminus of the main access
road and that details of the barricade be reviewed and approved by the
City Engineer prior to final site plan approval.
4. That the stream diversion structure, along with application for a floodplain
development permit, be reviewed and approved by the City Engineer prior
to final site plan approval.
5. That review and approval by the County Sanitarian for water well, septic
tank and subsurface drainage field be submitted to the Planning Office
prior to final site plan approval.
6. That a 310 Permit from the Soil Conservation District be received for any
alteration or activity in the East Gallatin River and Bridger Creek and
submitted to the Planning Office prior to final site plan approval.
7. That an access permit onto Bridger Drive from the State Department of
Highways be acquired and submitted to the Planning Office prior to final
site plan approval.
I 8. That the developer enter into an improvements agreement with the City of
Bozeman. The structure may not be occupied until all required improve-
ments have been installed and inspected and accepted by the City of
Bozeman. If occupancy is to occur prior to the installation of the required
improvements, the agreement with an acceptable method of security equal to
one and one-half times the amount of the cost of the scheduled improve-
ments for each phase 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 submitted
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 for each phase. One signed copy shall be
retained by the Building I nspection Division; one signed copy shall be
retained by the Planning Director; and one signed copy shall be retained
by the appl icant.
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.
11. That the Conditional Use Permit shall be valid for a period of only 18
months following approval of the use. 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 wi II 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 Stiff,
Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan and Mayor Mathre; those voting
I No, none.
Discussion - FY I items
City Manager Wysocki presented to the Commission the following "For Your Information"
items.
(1) A copy of a $1,176 check received from the Bozeman Recycling Center as a part of
the "Trash to Treasures" program through the Chamber of Commerce.
(2) The water use report for the week ending May 27, 1987. The City Manager noted
the report has been revised to include conversion to gallons. Also, the report reflects the
06-01-87
2~2
City's water rights in Middle Creek, which last for approximately ten days. He noted that the
stream rights are used before the stored water rights. .
(3) A copy of the lutter from Director of Finance Gamradt to County Treasurer Loy
Carroll listing the amount of delinquent special assessments for the upcoming July tax sale on
properties in Valley Unit Subdivision.
(4 ) A copy of a letter to the City from four appraisers concerning an undeveloped
portion of Valley Unit Subdivision. I
Continue~L<.:!~scussion - settin~ of ~~als for Fiscal Ye2..~1~87-~8
City Manager Wysocki reviewed the status of the goals which had been established for
Fiscal Year 1986-87, as follows:
1. Equip Police and Fire Departments adequately.
The Commission has taken action earlier in today's meeting to approve payment of the
balance due on the new 105-foot ladder truck which the City has received. Also, the City has
appropriated monies for a hazardous materials van in the C I P budget during the past two years
through a cooperative effort with the County. The City has purchased new patrol cars each year,
placing the old police cars into service in other City departments. The budget for training in
the Police Department has been substantially increased over the past three years, with approxi-
mately $5,000 being budgeted for this fiscal year.
2. Review the Special Improvement District policy.
The Commission recently adopted Commission Resolution No. 2654, which revises the SID
pol icy.
3. Improve the water and sewer systems.
The City has conducted several tests on the percolation beds at the Waste Water Treatment
Plant and is communicating with the State agencies as well as the EPA concerning the results of
those tests. The City has recently hired a consulting engineer to complete final designs for a
presedimentation pond, recognizing that the project may not be completed for a few years until
financing is available. The same consulting engineer has been retained to complete the final I
designs for the Lyman Creek project; and a loan through DNRC is available to the City for comple-
tion of that project. The City Manager noted that acquisition of additional water rights is an
ongoing process, noting that the City purchased two 50-acre-feet contracts last year. He stated
that the City has been recently offered a 100-acre-foot contract and is currently negotiating on
that. He noted the City is also working with MSU on possibly using some of their water rights
in Hyalite Reservoir after they implement their well irrigation system. The City is still working
with the State on pOSSible expansion of Hyalite Dam.
4. Plan for future solid waste disposal, including alternatives to burying it.
The City Manager noted that the City has used about 107 acres of a 240-acre site for land-
fill purposes. He stated that if technology continues and an economically feasible way is found
for incineration, it may be pOSSible to construct such a facility on that site, burying what is
needed and adding to the life of the landfill area.
5. Update and implement the Master Plan.
This project is moving forward slowly, although it is one of the City-County Planning
Board's top priority items.
6. Maintain existing sidewalks and install new sidewalks for better pedestrian safety and
circulation.
The City Manager noted that the program for installation of new sidewalks is moving forward
slowly. He then suggested the City may wish to set aside $2,000 to $3,000 in its budget to begin
a sidewalk maintenance and replacement program, beginning with some of the brok~n sidewalks
along City property, noting it will then be easier to require individual property owners to repair I
their sidewalks.
7. Maintain downtown Bozeman.
The City Manager noted that the Post Office has indicated its intention to relocate and
expand its facilities. He then suggested that the Commission indicate its desire to maintain at
least a substation facility in the existing location to maintain a traffic flow in the downtown as
well as provide services for the downtown area.
Commissioner Vant Hull noted that parking seems to be a problem in the downtown area,
06-01-87
243
noting that the parking lot at the corner of Rouse and Babcock appears to be mostly rented stalls,
with little public parking availalfle.
8. Maintain revenues to support basic services.
The City Manager stated that this summer an intern will complete a physical inventory of
existing businesses to determine if they have current business licenses. He also noted the
business license ordinance will be reviewed and possibly revised.
"-
I Adjournment - 8:40 p.m.
There being no further business to come before the Commission at this time, it was moved
by Commissioner Vant Hull, seconded by Commissioner Jordan, that the meeting be adjourned.
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.
JUDITH A. MATHRE, Mayor
ATTEST:
Clerk of the Commission
I
I
06-01-87