HomeMy WebLinkAbout1984-05-07
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONT ANA
May 7, 1984
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The Commission of the City of Bozeman met in regular session in the Commission Room
Municipal Building, May 7, 1984, at 4:00 p.m. Present were Mayor Weaver, Commissioner Ma:hre I
Co~mission~r Vant Hull, Commissioner Anderson, Commissioner Jordan, City Manager Wysocki, ,
~sslstant City Manager Barrick, City Attorney Crumbaker-Smith and Acting Clerk of the Commission
orman.
The meeting was opened with the Pledge of Allegiance and a prayer by Commissioner Mathre
T~e minutes of the regular meeting of April 30, 1984 were approved as amended. Action .
on the minutes of the regular meetings of November 14, 1983; December 5, 1983; and the special
meeting of November 26, 1983 was deferred until a later date.
None of the Commissioners requested that any of the items listed under Consent Items be
removed for discussion.
Authorize use of annual lea - CI k f . .
ve er 0 the Commission Sullivan; appoint Kathleen Norman
Acting Clerk of the Commission
City Manager Wysocki presented to the Commission a memorandum from Clerk of the Commission
Sullivan requesting use of annual leave to attend a relative's funeral in Whitefish, Montana. He
recommended that the Commission authorize the use of annual leave by Clerk of the Commission
Sullivan and appoint Kathleen Norman as Acting Clerk of the Commission.
It was moved by Commissioner Vant Hull, seconded by Commissioner Mathre, that the Commis-
sion authorize the use of annual leave 'by Clerk of the Commission Sullivan and appoint Kathleen
Norman as Acting Clerk of the Commission. The motion carried by the following Aye and No vote:
those voting Aye being Commissioner Vant Hull, Commissioner Mathre, Commissioner Anderson,
Commissioner Jordan and Mayor Weaver; those voting No, none. I
Decision - Platinum Subdivision - NEk T2S, R6E, MPM
1700 bloc illiam Sebena, Jr. and
This was the time and place set for the decision on the Preliminary Plat for Platinum
Subdivision, located in the Northeast One-Quarter of Section 6, Township 2 South, Range 6 East,
Montana Principal Meridian. This site is more commonly known as the 1700 block of North Rouse
Avenue.
City Manager Wysocki stated that due to his concern regarding the right-of-way along the
eastern boundary of the property, he had inquired of Mr. Sebena whether this proposed private
road could be made a public right-of-way, with the provision that it revert back to the developer
if not used. He stated Mr. Sebena had agreed to this condition. The City Manager then
recommended that the Commission approve the Preliminary Plat review for Platinum Subdivision,
subject to the conditions as recommended by the Planning Board, and revised by the City Commis-
sion, and the additional condition concerning the roadway on the eastern boundary of the
property.
It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commis-
sion approve the Preliminary Plat for Platinum Subdivision, subject to the following conditions:
1. That a secondary access built to acceptable City standards be con-
structed to access the property east of Bozeman Creek before Phase II is
developed. This access will be constructed and maintained for
emergency vehicles only.
2. That if Phase II is developed, a bridge will be built across Bozeman I
Creek that is approved by the Soi I Conservation Service, the Department
of Fish, Wildlife and Parks and the City Engineering Officer.
3. That surface drainage be handled by storm drainage facilities as ap-
proved by the City Engineering Officer.
4. That a temporary cul-de-sac be shown at the eastern boundary of
Platinum Street in Phase I.
5. That the floodplain areas outside of the 120-foot floodplain easement in
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Lots 1 and 9 of Phase II not be filled unless and until the Soil Conser-
vation Service and the City Engineering Officer has given approval.
6. That an undisturbed five-foot natural vegetative buffer be left on both
banks of Bozeman Creek.
7. That the existing building in the right-of-way of Platinum Street be
removed before final plat approval.
1 8. That the eastern bank on the northern portion of the property be sta-
bilized and returned to its natural vegetative state as approved by the
Soil Conservation Service and the City Engineering Officer.
9. That the northeast sewer trunk be given final approval by the State of
Montana and the City of Bozeman or a public sewer system be reviewed
and approved by the City Engineering Officer.
10. That the sewer and water lines be buried beneath Bozeman Creek by
driving a pipe underneath the stream bed and then the lines wi II be
pushed through. If an alternative is required, it will be approved by
the Soil Conservation Service, the Department of Fish, Wildlife and
Parks, and the City Engineering Officer.
11. That an additional fire hydrant will be located between North Rouse and
the proposed hydrant shown on Platinum Street in Phase I.
12. That when lot grading occurs, the grades shall be established so ade-
quate cover is provided over the existing sanitary sewer which crosses
the parcel. This will be approved by the City Engineering Officer.
13. That an approved name be given the cul-de-sac that runs north from
Platinum Street.
14. That an encroachment permit be issued for the approach of Platinum
Street onto North Rouse by the State Department of Highways.
15. That if covenants are to be used, they will be submitted to the
City-County Planning Office for review and approval.
16. That if the plat is to be filed prior to all improvements being installed
I and approved by the City of Bozeman, that the developer enter into an
Improvements Agreement with the City of Bozeman, and that it be
secured by an acceptable method of security equal to the amount of the
cost of installation on the remaining scheduled improvements. Also,
plans and specifications for construction must be approved per Sections
2.5 and 10.2-1 prior to submittal of final plats. The Improvements
Agreement will contain a construction time schedule and a method of
payment to the City of Bozeman for the inspection of the improvements'
installation.
17. That the publ ic right-of-way on the eastern boundary of the property
going north and south from Platinum Street be dedicated at this time,
and the developer participate in the development of the north/south
roadway at such time as determined desirable. Should the dedicated
public right-of-way along the easternmost boundary not be developed
and used, that right-of-way shall revert back to the developer.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Anderson, Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull and Mayor Weaver;
those voting No, none.
Application for IDR bond issue for convention center - Felska/Solvie
City Manager Wysocki informed the Commission that the information for this item had
arrived a few minutes prior to this meeting and therefore requested that action on this item be
deferred for one week. The Commission concurred with this request.
Continued discussion - request for police assistance for Fourth of July Celebration - Wednesday,
1 July 4, 1984 - Celebration 184 Committee
City Manager Wysocki stated this item had been deferred from the previous week due to
several questions regarding the requested police assistance. He stated he had discussed this
matter with Laurie Schultz, Chairperson for Celebration '84. The City Manager stated that the
Committee is requesting police assistance during the event and traffic control assistance following
the event. He noted the City had participated last year in the funding of monies for this event,
due to 1983 being the Centennial Year. The City Manager stated Ms. Schultz had informed him
that 40 percent of the profits from last year's event had been placed in a "revolving fund" for
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financing this year's event, and the other 60 percent had gone to the recipients of the program.
He stated the question now is whether the Commission desires to participate this year in the
funding of police assistance.
Mayor Weaver questioned whether the City police could assist in traffic control after the
event, whereupon the City Manager replied that the City police should be able to participate in
directing traffic following the event.
City Manager Wysocki noted the Committee is also requesting that traffic be allowed to use 1
two lanes departing from the event. He stated he feels this matter can be resolved between the
Committee and City staff.
Commissioner Anderson inquired whether the Sheriff's Posse could assume the cost and
responsibility in assisting at this event. There was no one present from the Sheriff's Posse to
answer this question.
Mayor Weaver stated the question is whether the Commission is inclined to participate in
the cost of providing security for the event.
Commissioner Anderson stated she did not feel that every possible source or avenue had
been explored.
It was the consensus of the Commission that this matter should be referred to staff to
resolve.
It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commission
deny the request for police security and/or funding. The motion carried by the following Aye
and No vote: those voting Aye being Commissioner Jordan, Commissioner Mathre, Commissioner
Vant Hull, Commissioner Anderson and Mayor Weaver; those voting No, none.
Continued discussion - Commission Resolution No. 2497 - resolution of intent to vacate a portion
of East Aspen Street
City Manager Wysocki stated the Commission had deferred action on Commission Resolution
No. 2497 at last week's meeting in order that the City Attorney could discuss the ramifications of
the proposed abandonment with Mr. and Mrs. Lloyd Pickett. The City Manager noted the City 1
Attorney's memo regarding this vacation had listed three alternatives: (1) Vacate all 200 feet
of East Aspen Street; (2) Vacate the 150 feet of East Aspen Street as requested; or (3) Do not
vacate East Aspen Street. He noted the City Attorney also indicates in her memo that a garage
owned by William Davis extends approximately 16 feet into the south side of the street right-of-
way and that the spot in which approximately five vehicles are proposed to be parked to the west
of the Davis garage is also located within the right-of-way.
Mayor Weaver inquired of the City Attorney whether the Davis infringement on the right-of-
way poses any problem. The City Attorney replied that she did not believe so.
Commissioner Vant Hull stated she felt there is a fourth alternative which has not been
considered, that being the street could become an improved private street owned by those using
access. She stated she feels the City Attorney should research this consideration to determine
its legality.
Mayor Weaver stated the property owners should come before the Commission with this re-
quest if they desire this option, but the City should not proceed with this consideration unless
it is requested by the property owners in question.
City Manager Wysocki stated there is currently a sewer line, and possibly a water line in
the future, which runs through this right-of-way and he would not desire to make such an easement
a private street.
Commissioner Vant Hull stated she feels the policy of encouraging maintenance of the old
historic structures should have a great bearing on this matter.
City Attorney Crumbaker-Smith noted that the basic issue is whether it is in the best 1
interests of the City to vacate the proposed right-of-way. She stated if there is to be a
variance to the parking, that request would have to go before the Board of Adjustment.
City Manager Wysocki recommended that the street not be vacated.
Jay Chapman, a local architect present at the meeting, addressed the Commission and in-
quired as to the primary reason for not vacating the street. He stated his interest in the area
is based on the historical structures.
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Mayor Weaver stated the primary reason is that the abandonment of East Aspen Street would
eliminate the only access to another piece of property, which would place the City in a position
of potential legal liability.
Mr. Chapman stated when taking a larger overview of the area, it appears this section
could become a very valuable piece of property. He stated this section is the last sizable area
of historical value in Bozeman. He stated that with the right planning and mixed uses, this area
1 could become a "city inside a city. II
Mayor Weaver noted this kind of speculation has to come from the private sector.
It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that due to
it not being in the best interests of the City, the Commission deny the request for vacation of
East Aspen Street. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and
Mayor Weaver; those voting No, none.
Discussion - continuation of membership in NA TOA for Fiscal Year 1984-85
City Manager Wysocki stated this item was submitted to the Commission at last week's meet-
ing as an FYI item. He noted the Commission had requested that the continuation of membership
in NA TOA for Fiscal Year 1984-85 be placed on this week1s agenda for discussion.
Commissioner Mathre stated she feels the City should renew its membership as an Associate,
non-voting member. She added she feels the newsletters received from the organization are bene-
ficial.
It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the
Commission continue its membership in NATOA as an Associate, non-voting member at the rate of
$35.00 for the Fiscal Year 1984-85. The motion carried by the following Aye and No vote: those
voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, Commissioner
Mathre and Mayor Weaver; those voting No, none.
I Discussion - possible formation of a committee to review contributions by developers abutting
FAU priorities
City Manager Wysocki noted that Commissioner Jordan had requested this item be placed
on the agenda.
Commissioner Jordan stated he had requested this item be placed on the agenda in order
to possibly get a practice started. He suggested that developers building in areas abutting FAU
projects be asked to contribute funds for the development of other roads or projects. He further
stated he is uncertain as to the legality of this situation, but thought perhaps the City Attorney
could give them some advice.
Commissioner Anderson questioned whether this request could be considered discriminatory.
Mayor Weaver noted that FAU projects are usually arterials and are not located in resi-
dential neighborhoods.
Commissioner Jordan suggested that a committee be formed to research this consideration.
Mayor Weaver stated he felt Commissioner Jordan should work with the staff to obtain more
information on this suggestion and then come back to the Commission with a report on the feasi-
bility of requesting such contributions. The Commission unanimously concurred with this
recommendation.
Discussion - review of invocation procedures
City Manager Wysocki stated that Commissioner Jordan had requested this item be placed
on the agenda.
1 Commissioner Jordan stated that the founding fathers, when writing the Constitution,
wanted to ensure there was a freedom of religion and he believed our country was founded on
faith. He pointed out that since that time, the number of religions in the United States has
increased. Commissioner Jordan pointed out that during his lifetime he has met many people,
some of nontraditional religions such as Hindus and Moslems. He stated he is concerned that
someone of a different religious faith aspiring to run for this office might be precluded because
of the prayer practice. He stated that prayer is a very private thing between a person and his
god. He stated he felt that a moment of silence would be more appropriate. He noted the length
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of the moment of silence should be left to the discretion of the Mayor.
Commissioner Vant Hull stated she objected to continuing the practice of the weekly
prayer. She then quoted from the Bible, stating she has on occasion found the levity of the
weekly prayer to be offensive.
Commissioner Anderson stated that she has constituents who feel strongly that people
should be able to seek a greater good by their own means in their own way.
Commissioner Mathre stated she had no problem in observing a moment of silence if the 1
other Commissioners felt that would be a better format. She stated, however, that she felt
prayer provided an opportunity to reflect upon the human conditions and gave the Commissioners
a perspective on power. She apologized to the Commissioners finding the prayers offensive.
Mayor Weaver suggested that the invocation rotate between the Commissioners, leaving the
issue of whether to have a prayer or a moment of silence up to the particular Commissioner's
choice.
Commissioner Jordan stated he perceived as Commissioner that it is difficult to feel for
humanity only when in prayer.
It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the
Commission observe a period of silence instead of an oral prayer. The motion carried by the
following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner
Anderson, Commissioner Jordan and Commissioner Mathre; those voting No being Mayor Weaver.
Applications for Beer Licenses - Gallatin Valley Softball Association - various dates
City Manager Wysocki presented to the Commission an application for a temporary Beer
License, along with the required fee, submitted by the Gallatin Valley Softball Association for
the periods May 12-13,19-20,26-27; June 2-3,9-10,16-17,23-24; July 30 and August 1; August
7-8, and 14-15, 1984. The City Manager stated the State License has not been received and
recommended that the Commission approve the application, contingent upon the receipt of the
State License.
It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commis- I
sion approve the temporary Beer Licenses submitted by the Gallatin Valley Softball Association
for May 12,13,19,20,26,27; June 2,3,9,10,16,17,23,24; July 30; August 1,7,8,14
and 15, 1984, contingent upon the receipt of the State License. The motion carried by the
following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Jordan,
Commissioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No, none.
Appointment to Zoning Commission
Mayor Weaver indicated that only three applications had been received for the vacancy on
the Zoning Commission. He noted that not all the Commissioners had reviewed those applications
and requested that action on this item be deferred.
Commissioner Mathre stated she felt it would be desirable to appoint someone from the
Board of Adjustment to also serve on the Zoning Commission. She questioned the City Attorney
as to whether there are residency requirements for the Board of Adjustment. She stated if
there are, there is the possibility of an opening on the Board, as one of the Board members
does not reside within the City's jurisdiction.
City Attorney Crumbaker-Smith stated she felt the residency requirement is a State Law,
but that she will follow up on this to make a determination.
Commissioner Jordan expressed concern as to the lack of applications for the vacancies on
the Boards and Commissions. He suggested that the newspaper should be requested to write a
news article regarding the Boards and Commissions and perhaps this would draw more applications
for the vacancies. I
Due to the lack of an adequate number of applications, the Commission concurred this item
should be deferred until a later date.
Discussion - FY I items
City Manager Wysocki presented the following "For Your Information" items to the Commis-
sion:
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(1) A news article from the April 29, 1984, issue of the Seattle Port Intelligence sub-
mitted by Commissioner Jordan regarding "property rights."
(2) A letter to Joel Shouse, Chairman of the City-County Planning Board, signed by the
Mayor, enclosing for the City-County Planning Board's review, the City Commission's draft state~
ment of goals and policies and annexation policy.
(3) A letter written to Steve Lere, congratulating him on his appointment as Planning
1 Director;
(4) A memorandum addressed to the City Commission from the City Manager regarding
deferment of the appointment of Housing Committee members.
- (5) Weekly construction reports from Thomas, Dean and Hoskins, I nc.
(6) A letter from R. J. McConnen regarding the process of establishing future budget
priorities for the City, specifically road improvements.
Consent Items
City Manager Wysocki presented to the Commission the following items.
Application for Beer License - Lan ford, R.H.A. - May 19, 1984
pplication for waiver 0 open container ordinance - Health Ha it Fitness
Center - Lindley Park - May 10, 1984 - 6:00-8:30 p.m.
Authorize Mayor to si n - State of Montana claim form - payment of $8,700.00
- hrlstian, pring, ie ach an ssoclates rom grant monres
Proclamation - "Municipal Clerk's Week" - May 13-19, 1984
Proclamation - "Senior Citizen Week" - May 14-18, 1984
Proclamation - "Buckle Up Week" - Mati 7-13, 1984
Report - Building Inspection Division or Apri I 1984
It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commis-
sion approve the items as listed above 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 Jordan, Commissioner Mathre, Commissioner Vant Hull, Commissioner
Anderson and Mayor Weaver; those voting No, none.
1 Recess - 5:07 p.m.
Mayor Weaver declared a recess at 5:07 p.m., to reconvene at 7:00 p.m. for the purpose
of conducting the scheduled public hearings.
Reconvene - 7:00 p.m.
Mayor Weaver reconvened the meeting at 7: 00 p. m. for the purpose of conducting the
scheduled public hearings.
Plan Amendment - Norm Wallin and Stephanie Volz - desi nate area in
2 , R5, , as general highway commerCIa and use
This was the time and place set for the public hearing on the Master Plan Amendment
proposed by Norm Wallin and Stephanie Volz to designate that area located in the Southwest
One-Quarter of Section 11, Township 2 South, Range 5 East, Montana Principal Meridian, as a
general highway commercial land use. This parcel is more commonly known as that area located
between U. S. Highway 191 and West Babcock Street, just east of the Ponderosa Mobile Home Sub-
division. At the present time, the Master Plan suggests the area be developed as medium
density residential.
Mayor Weaver opened the public hearing.
Mike Money, Senior Planner, presented the staff report. He stated the proposed area is
now located in a County Zoning District. He stated the proposed area has been petitioned to be
annexed, but because the Master Plan proposes this area to be designated as medium-density
1 residential, the applicants desire that the Master Plan be amended before annexation. Mr. Money
stated that due to the large highway frontage, this parcel would be more appropriately desig-
nated as general highway commercial. He noted the Planning Board had recommended this Master
Plan Amendment be approved with a transitional overlay zoning designation.
Commissioner Vant Hull questioned whether the State Highway Department had approved
access from the parcels onto West Main Street. Mr. Money repl ied that the accesses have been
approved by the State Highway Department and there appears to be no problem.
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In response to a question from Commissioner Vant Hull regarding adequacy of sewer lines
in the area, Mr. Money responded that there are adequate sewer lines to serve the parcels in
question.
Commissioner Anderson inquired as to whether there would be any buffering required.
Senior Planner Money replied that the question of buffering would be reviewed at the time the
parcels are developed.
Richard Wortman addressed the Commission and stated he is a hydrologist and a local 1
citizen. He inquired as to whether any problems with subsurface flows are anticipated in the
area.
Senior Planner Money stated there should be no problem with subsurface water on the
proposed two parcels. He noted, however, that ponding does occur on the adjacent lot. He
stated properly designed drainage plans should be able to eliminate any subsurface problems.
Commissioner Jordan questioned whether the City Commission should be acting on proper-
ty located in a County Zoning District. He queried as to whether the annexation should come
prior to the zone change. Senior Planner Money stated that the applicants desire to ensure that
the highway commercial designation is attached before annexation occurs.
Dave Wallin, representing the applicant, Norm Wallin, addressed the Commission. He
noted that plans for the sewer and water lines call for them to be installed between the two
parcels following the property line. He stated they have discussed the West Main access with
the State Highway Department and have agreed to one access to serve both properties to be
located in the middle of the property line between the parcels.
Mayor Weaver questioned whether the applicants were bothered with the lack of an access
onto Babcock Street. Mr. Wallin replied that. he was not.
I n response to a question from Commissioner Jordan, Mr. Wallin replied that the condi-
tions recommended by the Planning Board are acceptable.
There was no one present to speak in opposition to the Master Plan Amendment.
Mayor Weaver closed the public hearing. A decision will be forthcoming in one week.
- tract of land located in Section 1
This was the time and place set for the public hearing on the Zone Map Change requested
by Gene Graf to change, the present zoning of A-S to Residential--Single-Family--Medium-Density
on that tract of land located in the Northwest One-Quarter, Northeast One- Quarter and Southeast
One-Quarter of Section 24, Township 2 South, Range 5 East, Montana Principal Meridian. The
proposed Zone Map Change is being requested for approximately 121 acres, more commonly
described as being located south of the Allen-Bradley complex and west of the Figgins Addition
and is known as the Allison Annexation.
Mayor Weaver opened the public hearing.
Planning Director Steve Lere presented the staff report. He noted this appl ication had
come before the Zoning and City Commissions previously in 1980, but a decision was indefinitely
delayed due to problems in resolving the traffic circulation. He further noted that the re-
quested Zone Map Change is compatible with the Master Plan. Planning Director Lere stated the
Zoning Commission had recommended the Zone Map Change be approved.
Commissioner Vant Hull questioned whether the desire of the University to close South
Eleventh should have any bearing on this request. Planning Director Lere responded that unless
it is closed south of Kagy, it should have no bearing.
Commissioner Anderson inquired as to the location of the sanitary sewer to serve this
subdivision. Mr. Lere informed the Commission that all but a small portion of the western area
would be served by the sewer line extending from Arnold Street. He further stated the western 1
portion of this subdivision would be served by extending the sanitary sewer line from the Valley
Unit Subdivision. He noted the western portion of this parcel would be the last section
developed, so by that time the sewer line should be extended near to the site.
Mayor Weaver expressed his concern regarding the traffic circulation and the possible
impact it will have on South Third Avenue. He noted that with the mixture of vehicular and
pedestrian/bike traffic, this roadway has become a hazardous area. He suggested that perhaps
the developer might be encouraged to develop a pedestrian/bike pathway.
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Planning Director Lere stated the developer has such a linear pathway incorporated into
his conceptual master plan. He pointed out this consideration could be required when Mr. Graf
comes before the Commission with development plans.
Commissioner Anderson noted that the staff report dated April 24 states that on-site soils
survey could alleviate any problems with soils. She questioned whether such an on-site soils
survey will be required.
1 Planning Director Lere stated it would be to the advantage of the developer to conduct
such a soils survey. He noted however that the soils in this area are relatively the same type
of soil typically found in Bozeman, and should not have any unique problems. He noted that
any problem with the high water table in this area should be resolved before approval of any
development.
Gene Graf, "I, applicant, addressed the Commission and stated he would answer any
questions the Commission might have. He displayed a map of the area. Mr. Graf stated that
the conceptual traffic plan for the area should relieve the traffic on South Third. He noted that
Seventh Avenue could be connected to Greek Way at the time Greek Way is extended south of
Kagy Boulevard. He further noted that the University does not plan to extend Greek Way until
the expansion of the Museum of the Rockies is complete, approximately 1987.
Mayor Weaver expressed concern about the condition specifying that the extension of
South Eleventh Avenue should not be allowed until Kagy Boulevard is built to the west. He
stated he felt there should be more explicit language prohibiting development of more than 80
lots until such time as the question of South Seventh Avenue is resolved.
Richard Wortman, Westridge Drive, addressed the Commission and expressed his opposi-
tion to the requested Zone Map Change. He stated his objections are based on the impact of
additional traffic, possible drainage problems and SID's that might be assessed his property.
Mr. Wortman also stated he considers the site in question as prime agricultural land wh ich
produces an abundant supply of hay.
At the request of Commissioner Vant Hull, Craig Roloff, Assistant Director t Facility
1 Planning, Montana State University, addressed the Commission. He stated the University plans
the eventual extension of Greek Way south through the Allen-Bradley property, to serve the
proposed site. He stated extension of South Eleventh cannot happen without the support of the
University because it goes through the University's land. He stated the University does not
have any problem with the eventual extension of South Eleventh, but does not plan such an
extension until such time as traffic problems have been alleviated south of Kagy, which would
require the extension of Kagy to South Nineteenth. He stated as far as the extension of Greek
Way is concerned, Montana State University is planning that project as part of the Museum
expansion.
There being no further testimony, Mayor Weaver closed the public hearing on this applica-
tion. A decision will be forthcoming in one week.
Break - 7:55 to 8:02 p.m.
Mayor Weaver declared a break from 7:55 to 8:02 p.m., in accordance with Commission
policy established at their March 14, 1983 meeting.
Public hearing - Conceptual Master Plan for future residential development of Allison Annexation
- Gene Graf
This was the time and place set for the public hearing on the conceptual Master Plan
requested by Gene Graf for future residential development of Allison Annexation. The Allison
Annexation is approximately 121 acres in size and is located within the City of Bozeman, just
I south of the Allen-Bradley complex and just west of the Figgins Addition.
Mayor Weaver opened the public hearing.
Senior Planner Mike Money presented the staff report. He noted that a public hearing is
not legally required for this application. He stated, however, the Planning Board had recommended
that such a public hearing be held. He noted this area had been annexed to the City in 1977,
at which time it was zoned Agricultural Suburban. He stated there are constraints on the site
which need to be resolved before development of the property. He pointed out the applicant has
proceeded in this direction in order to establish ground rules. Mr. Money noted the Planning
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Board heard this application on two separate occasions. He stated the Planning Board recommended
approval of this request contingent on five conditions. Mr. Money noted that this request is in
concurrence with the Master Plan, but in conflict with the Transportation Plan.
Mayor Weaver questioned the language used in the conditions. He stated he feels it should
be more specific when referring to the development of 80 lots prior to the extension of South
Seventh Avenue to connect with Kagy Boulevard. He expressed a desire that this condition be
clarified. Senior Planner Money stated the language was not made more specific in the event that 1
after the development of 80 lots, the extension is deemed not to be necessary at that time to
handle the project's traffic. Mr. Money noted the extension of Kagy Boulevard west, planned
for approximately 1990, will be completed before Mr. Graf gets that far in the development.
City Manager Wysocki informed the Commission that the Recreation Board looked at this
conceptual master plan and agreed to the proposed park site.
Senior Planner Money informed the Commission that when the developer first came in with
this request, a meeting had been held with all City department heads, the Fish, Wildlife and
Game 'and the Soil Conservation Service. He stated the presented plan is the result of that
meeting.
Commissioner Vant Hull noted that it was T AC's recommendation that South Seventh Avenue
remain as a local street. She commented that even though Seventh Avenue might be developed
as a local street, there is nothing to ensure that it will remain one.
Mr. Graf addressed the Commission and stated the proposed plan had been developed so
as to avoid the lack of through streets in this site. He also noted the development of 20 acres
on the western edge of the annexation is contingent upon the extension of the sewer line from
Valley Unit Subdivision, which is located approximately five mi les away.
Commissioner Vant Hull questioned Mr. Graf on whether he plans to fill up the develop-
ment as quickly as possible, or if he plans to sit on the lots, thereby requiring the City to pro-
vide' services such as police protection and snow removal around vacant lots. Mr. Graf replied
that he would much prefer to fill the development.
There being no further testimony, Mayor Weave-r dosed the public hearing on this applica- 1
tion. A decision will be forthcoming in one week.
Public hearing - Conditional Use Permit - Ken LeClair - allow construction of 88 condominium
units on Lots 2 and 10, Block 2, University Square Subdivision and adjoining tract
This was the time and place set for the public hearing on the Conditional Use Permit
requested by Ken LeClair to allow construction of eighty-eight condominium units on Lots 2 and
10 of Block 2, University Square Subdivision, and the adjoining tract of land in the East One-Half
of the Southeast One-Quarter of Section 11, Township 2 South, Range 5 East, Montana Principal
Meridian. This site is more commonly known as being located south of the University Square
Shopping Center and south of West Koch Street. It is bordered by South 23rd Avenue on the
west and South 20th Avenue on the east.
Mayor Weaver opened the public hearing.
Steve Lere, Planning Director, presented the staff report. He informed the Commission
the applicant is requesting approval of a residential planned unit development that will consist of
eighty-eight units contained in twelve structures. He noted the property is currently zoned R-O
and R-4 and is approximately 7.25 acres in size. He noted the property is presently accessed
by South 22nd and South 23rd. He stated there is to be an emergency access onto South 23rd.
Mr. Lere noted the Zoning Commission had voted unanimously to approve this Conditional Use
Permit.
Commissioner Vant Hull noted the project proposes 60 percent of the area to be open space
when only 30 percent is required. She inquired as to whether this was because no land is being I
dedicated as park. Planning Director Lere stated there are no requlremet'lts for this project to
dedicate park land.
City Manager Wysocki stated he felt the additional open space was a good concept and
affords an opportunity for the residents of the project to use the open space in their own back-
yards.
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Commissioner Jordan questioned whether the roadway through the project could be reduced
to twenty feet, rather than the twenty-six feet as proposed in the plan, or a fire lane possibly
indicated, in order to discourage parking along the roadway.
Corbin Ross, architect representing the applicant, informed the Commission that the road-
way through the project could be reduced to the required twenty feet where feasible to help
control parking.
1 Commissioner Anderson questioned if there was adequate guest parking. Planning Director
Lere responded that all units have designated parking.
Commissioner Anderson asked if there were any handicapped units planned for this project.
Planning Director Lere replied there are no requirements for such units in this project.
Mr. Ross indicated the problem of garbage collection is yet to be resolved with the City.
He stated the applicant would prefer individual collection, whereby each resident of the project
retains his garbage can in the garage until collection day. He noted the final method and loca-
tion for garbage collection is to be reviewed and approved by the Director of Public Works and
the Sanitation Superintendent.
Commissioner Vant Hull stated she feels that garbage collection could be handled indi-
vidually by each resident with the provision of automated collection if instituted by the City.
Commissioner Jordan also noted that he would prefer the individual garbage collection as
opposed to a central garbage dumpster.
There was no one present to speak in opposition to the requested Conditional Use Permit.
There being no further testimony, Mayor Weaver closed the public hearing on this applica-
tion. A decision will be forthcoming in one week.
Adjournment - 8:55 p.m.
There being no further business to come before the Commission at this time, it was moved
by Commissioner Mathre, seconded by Commissioner Vant Hull, that the meeting be adjourned.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre,
I Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those
voting No, none.
KENNETH L. WEAVER, Mayor
ATTEST:
Acting Clerk of the Commission
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