HomeMy WebLinkAbout1992-05-18CORRECTIONS TO MINUTES
May 18, 1992
Page 4 -Line 3 -delete "in" after "put"
a fourteen (14) point statement; II Page 11 -Line 12 -change to read"
Page 11 -Line 13 -change to read " that included five requests, along with
Page 17 -5 from bottom -delete"," between "one" and "lot"
Page 20 -Lines 3-4 -delete paragraph
Page 20 Line 12 change to read "planned unit (development)
Page 20 -Line 17 -correct typo in "South Willson"
Page 24 -Line 24 -change "we" to "they"
Page 24 -Line 26 -correct typo in "also"
Page 26. -Line 18 -delete "yet" before "heavier"
Page 27 -Line 25 -insert "and" between "opinion" and ·"for the public safety"
Page 31 -Line 25-26 -change to read" one of which includes approximately 100
members. 11
Page 32 -Line 6 -change to read "discussions with Missoula officials regarding
the fraternities and sororities"
Page 32 -Line 7 -change to read"; and found that the head resident
Page 3.2 -Line 8 -correct typo in "community"
II
II
MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
May 18, 1992
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The Commission of the City of Bozeman met in regular session in the Commission Room,
Municipal Building, May 18, 1992, at 3:30 p.m. Present were Mayor Swanson, Commissioner
Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, City Manager Wysocki,
City Attorney Luwe and Acting Clerk of the Commission Schumacher.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
None of the Commissioners requested that any of the Consent Items be removed for
discussion.
Minutes -May 4 and 11. 1992
It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the minutes
of the regular meetings of May 4 and May 11, 1992, be approved as amended. The motion carried
by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner
Stiff, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none.
Decision -Preliminary Plat for West Star Subdivision. Phases I and II -Michael Delaney -subdivide
Tract A. COS No. 1510 into multi-family residential and neighborhood commercial lots (P-9208)
City Manager Wysocki reminded the Commission that the public hearing took place before
the City-County Planning Board on April 21, 1992. The City Commission is to review this
application for the purposes of conditional approval or disapproval. If disapproval is desired,
specific direction must be given to staff as to reasons with conditions.
Mayor Swanson referred to a memo from Planner Debbie Arkell, dated May 7, regarding
the process for review of a subdivision. He stated it was clear from the memo that this discussion
should remain at the Commission level.
City Manager Wysocki stated that if there are adjustments, additions or changes to the
conditions, the Commission should ask staff for direction.
Attorney Luwe stated that his memo to the Commission indicated there was no conflict
found with the S.I.D. policy, as long as the following condition is added: "All delinquent property
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taxes and special improvement assessments shall be paid and brought current." This will ensure
that this condition is met prior to the filing of the final plat, since it is required that all conditions
be performed before the Clerk and Recorder can file the final plat. Before the land can be
transferred, except under limited circumstances, the final plat must be filed. Attorney Luwe
recommended that the condition expressed in his memo be added as Condition No. 17.
Associate Planner Kevin Wall updated the Commission on the conditions. He stated that
in the report of May 4, the major issues dealt with the sidewalks to be installed. Utility easements
for infrastructure are in place but there are no easements of record because the final plat was never
filed for that portion of Valley unit. Also, the series of delinquent S.I.D.'s, which City Attorney
Luwe just noted, was discussed. It appears that the issues remaining deal with when the sidewalks
will be constructed and whether that could be rolled into part of the improvements agreement,
along with the utilities easement. Planner Wall stated that he didn't think it was very clear two
weeks ago that the utilities have been the recommendation of the staff, through the Planning
Board, and that the utility easements be granted for both phases with Phase I, which would mean
granting easements for the infrastructure at that time.
In response to Mayor Swanson regarding Condition No. 16, Planner Wall stated that
typically the City would ask for a letter of credit from a bank or a performance bond.
The City Manager injected that it is preferred to have a Certificate of Deposit in the name
of the City and the developer so that the City can act upon it at the appropriate time should the
improvements not be in place.
Mayor Swanson stated that the following language would replace the language in
Condition No. 16: "the developer will supply the City of Bozeman with an acceptable method of
security .... " and that Certificate of Deposit would be 1 50 percent of ....
The City Manager stated that the City should request the CD as opposed to the letter of
credit, because a bank will not give a letter of credit for more than one year. The CD accrues
interest indefinitely going to the owner, and the City can draw on what it needs to complete the
improvements if necessary.
Commissioner Frost asked if the CD would carry over past the 18 month period. The City
Manager stated that would be part of the improvements agreement.
Commissioner Frost stated he thought that the sidewalks being rolled into the
improvements agreement was a good idea. He believes the developer should have the option of
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installing the sidewalks prior to the final plat approval or putting them in as part of the
improvements agreement.
Planner Wall stated he had discussed installing the sidewalks prior to final plat approval
or inserting it in as part of the improvements agreement with the City Attorney; and Attorney Luwe
concurred.
Commissioner Frost stated that he would like to see that the language state that the
sidewalks, constructed to City standards, shall be installed on both sides of the street prior to final
plat approval or may be included in the improvements agreement, to be completed within whatever
time the improvements agreement runs. Also, sidewalks will be installed on both sides of the street
at the time houses are constructed, so they will be installed as each house is built.
Commissioner Frost stated that Condition No. 1, pertaining to West Granite and Ravalli
in the third line in the parenthesis he would like to include "sidewalks on both sides of the street".
In response to Commissioner Frost, the City Manager stated that the way it is now, we
are asking for an easement for all the sewering that is necessary within the project up front, rather
than doing it in phases.
Commissioner Stiff stated that Commissioner Frost has done a good job on stating what
are his concerns. He noted he does not quite understand the procedure of incorporating the
sidewalk matter into the changed conditions.
In response to Commissioner Knapp, Attorney Luwe replied that there is no conflict
between the last sentence of Condition No. 15 and the addition of Condition No. 17. The condition
that the Commission is adding states that all taxes and assessments will be brought current before
the final plat is filed. There is no requirement that the City pursue a tax deed prior to that time.
In response to Commissioner Knapp's question of Condition No. 7, Planner Wall replied
that it basically means that there will be no access strips provided between the joint access users,
so that they can't put an access elsewhere. They would be constrained to the joint accesses.
At Mayor Swanson's request, Planner Wall then reviewed the changes to be made to the
conditions.
Mike Delaney, applicant, used a colored wall chart to explain his two-phase project. He
stated that both curbs/gutters and sidewalks will be installed in Phase I. He agreed that sidewalks
will be installed on both sides of the street.
In answer to Commissioner Frost, Planner Wall stated that buy/sell agreements can be
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made on lots, but lots cannot be sold until the final plat has been approved.
In answer to Mr. Delaney, the City Manager stated that the water and sewer stub-outs
could be done in conjunction with each phase. The objective is not to have to put in the water and
sewer stub-outs in after the street has been paved.
It was moved by Commissioner Stiff, seconded by Commissioner Knapp, that the
Commission approve the West Star Subdivision, Phases I and II, to subdivide Tract A, COS No.
1510 into multi-family residential and neighborhood commercial lots, under Application No. P-9208
subject to the following conditions:
1. Water, sanitary sewer, storm sewer, and street improvements on West
Granite and Ravalli Street (including sidewalks on both sides of the
street, curb/gutter, gravel, cul de sacs, street signs, dead end street
signs, and City standard barricades) and Ferguson Avenue (curb/gutter
and sidewalks) must be completed prior to filing the Final Plats for
Phases I and II. or covered by a Certificate of Deposit in the City's
name as part of the improvements agreement to be completed within
eighteen (18) months or as houses are being built; Ferguson Avenue
improvements are to be completed with the Phase I improvements.
Sidewalks, constructed to City standards, shall be installed on both
sides of the streets at the time houses are constructed on individual
lots. Upon the third anniversary (3 years) of each final plat phase
recordation, any lot 0 1Nners who have not constructed their side1Nall<s
shall be required to install sidewalks on their lots, regardless of 1Nhether
a home is constructed on the lot or not. Preparation of plans and
specifications, construction inspection and certification, and preparation
of record drawings must be provided by the developer's professional
engineer. Construction shall not be initiated until the plans and
specifications have been approved by the City Engineer. Water and
sanitary sewer extensions require approval of the Montana Department
of Health and Environmental Sciences.
The water/sewer plans must incorporate the following changes by phase:
A. Illustrate the existing sewer on Fallon Street as stubbed
across Ferguson Avenue.
B. The proposed plugging of the existing sewer is not
possible because this sewer currently serves portions of
Valley Unit Phase I.
C. The fire hydrant between Lots 14 and 15 of Block 3 may
not be located within the joint access easement.
D. The existing sanitary sewer easement from Ravalli Street
to Fallon Street is shown on the Valley Unit "as-builts" as
a 40-foot easement with the sewer main in the center;
this revision shall be made on the final plat as well.
2. All utility easements shall be granted with the Phase I final plat. These
easements shall be clearly noted on the plat.
3. The entire sanitary sewer shall be installed with the Phase I
improvements. Ravalli and West Granite will need to be developed to
the extent that they can provide access for sewer maintenance (gravel
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standard).
4. Thirty (30) foot wide easements for the existing sewer mains on the
entire property must be provided and established on the Phase I final
plat.
5. The existing sanitary sewer easement from Ravalli to Fallon Streets is
shown on the Valley Unit "as-builts" as a 40-foot easement with the
sewer main in the center. Maintenance access to the sewer main and
the two manholes between Ravalli and Fallon shall be provided.
6. The following notation in relation to high groundwater shall be made
directly on the face of the final plats for both phases:
"Due to the relatively high groundwater table within the
subdivision, it is not recommended that residences with
full basements be constructed. If daylight basements are
incorporate in any construction, they should not have a
depth greater than three feet below the top of the curb of
the street from which the lot is served."
7. "No access" strips shall be provided along the Ferguson Avenue street
frontage with the exception of the joint access easements.
8. The subdivider shall provide and file with the Gallatin County Clerk and
Recorder the following waivers prior to the filing of any final plat:
A. Waiver of right to protest participation in a parks
maintenance district;
B. Waiver of right to protest the creation of S.I.D.'s for
future street improvements to Durston Road and West
Babcock Street including paving, curb and gutter,
sidewalks, and storm drainage improvements;
C. Waiver of right to protest the creation of S.I.D.'s for the
signalization of the intersection at West Main Street and
West Babcock.
9. The existing covenants for the property shall be amended to reflect the
zoning ordinance, or abandoned prior to the filing of the final plats.
10. A weed control plan shall be submitted to and approved by the County
Weed Control Board prior to final plat approval.
11 . The Certificate of Director of Public Service and Certificate of Clerk and
Recorder shall be revised to reflect the Bozeman Area Subdivision
Regulation. The Certificate of Removal of Sanitary Restrictions and
Certificate of County Treasurer shall correctly indicate "West Star
Subdivision."
12. The Certificate of Dedication shall be revised to reflect the name of the
current property owner. Additionally, a Certificate of Consent shall be
provided on the final plats and signed by current property owner.
13. The final plats shall reflect the accurate square footage of all lots.
14. The survey discrepancy noted as "Detail A" shall be resolved through
quit claim deeds or other appropriate measure(s).
15. The record owner(s) shall acknowledge that the property which is the
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subject of the preliminary plat has delinquent special improvement
district assessments owing on said property. The acknowledgement
shall specifically state that the owners are aware that pursuant to Title
15, Chapter 17, M.C.A., the property has been the subject of a tax sale
which occurred on or about 7 July 1987, and that the City has
informed the owners that the redemption period of said tax sale expired
on or about 7 July 1989, pursuant to Section 15-18-111 M.C.A. The
owners shall further acknowledge that the City has informed them that
the parcels created by this plat were subject to a tax deed on 7 July
1989 since the delinquencies have not been brought current. The
owners shall further acknowledge the fact that the property is currently
subject to a tax deed, at the option of the City. To prevent a tax deed
from being issued, the owners must bring the delinquent S.I.D.'s
current.
16. The developer shall enter into an Improvements Agreement with the
City of Bozeman guaranteeing the completion of all improvements in
accordance with the preliminary plat submittal information and
conditions of approval. If the final plat of each phase is to be approved
prior to the installation of all improvements, the developer shall supply
the City of Bozeman with a Certificate of Deposit as security equal to
150% of the cost of the remaining improvements.
17. All delinquent property taxes and special assessments shall be paid and
brought current prior to the filing of the final plat for Phase I.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff,
Commissioner Knapp, Commissioner Vincent, Commissioner Frost and Mayor Swanson; those
voting No, none.
Preliminary Plat Review -West Park Manor No. 4 -Mr. Robert Simkins for First Trust Company of
Montana -subdivide a portion of Block 4 and all of Block 5. West Park Manor No. 1 into 30
residential lots (located on both sides of North 23rd Avenue between Durston and Beall Street)
(P-9208)
The City Manager reminded the Commission that this is a preliminary plat review for West
Park Manor No. 4, to subdivide a portion of Block 4 and all of Block 5 of West Park Manor No. 1
into 30 residential lots located on both sides of North 23rd Avenue between Durston Road and
Beall Street.
Senior Planner Dave Skelton presented the staff report. He noted that in the packet was
a memo from Director of Public Service Forbes stating his recommended conditions of approval,
which should be included in the final action on West Park Manor No. 4. Using the master plan wall
map, Planner Skelton outlined the project area: located on either side of North 23rd Avenue,
bordered on the north by Durston Road, and on the south by West Beall Street. He stated that the
south half of this development is commercial property and parkland, and the north half of the
development is residential property. Kirk Park is the parkland dedication for the entire area. The
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proposed subdivision would provide thirty (30) additional residential lots within the City of
Bozeman. This identical plat was approved by the City in 1986, however, final plat filing was not
applied for within the three year period, and it is now back before the Commission. Senior Planner
Skelton stated that Superintendent of Water/Sewer Fred Shields has indicated that with the
development of the proposed subdivision, there is a need to provide a more adequate water supply
to the area north of Durston Road. Mr. Shields feels it is appropriate to consider increasing the
proposed six-inch water line in North 23rd Avenue to a ten..:inch line. If this water supply is
oversized, the City of Bozeman would participate in the oversizing cost.
The Senior Planner noted that due to the traffic impacts of this subdivision upon Durston
Road, it would be appropriate for the developer to provide waivers of right to protest for the
creation of S. I. D. 's for his proportionate share of the costs of future signalization at the intersection
of North 19th Avenue and Durston Road and the improvements for signalization at North 7th
Avenue and Durston Road.
Senior Planner Skelton stated that the developer will be required to install a pedestrian
sidewalk to City standards along the south side of Durston Road and be responsible for installation
of any irrigation or drainage culvert prior to installing the sidewalk. Curb, gutter, storm drainage
improvements and sidewalks on both sides of North 23rd Avenue will be installed by the developer.
The developer will also improve West Beall Street to a 37-foot paved street with curb, gutter and
sidewalk along the north side. Should the improvements to West Beall Street be implemented
through a S.I.D., the City of Bozeman will participate in the improvements as owners of Kirk Park,
bordering the south side of West Beall Street.
Planner Skelton noted that this property is zoned R-3-A (Residential, Two-Family, Medium
Density District, which allows for one-family and two-family living units. Duplexes will only be
allowed on the north at Durston Road and on the south at West Beall Street and not in the internal
part of the subdivision.
The Development Review Committee has proposed two storm drainage options to the
developer. 1) a detention pond located on a tract of land dedicated as common open space, with
maintenance to be accomplished by a subdivision homeowners' association; or 2) street storm
water inlets designed and constructed to provide treatment for settleable solids and floatable
material, with maintenance to be accomplished by the City of Bozeman. Planner Skelton noted that
the developer is in favor of the street storm water inlets.
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Planner Skelton noted that although the block length meets the design standards of the
Bozeman Area Subdivision Regulations, the Director of Public Service is recommending a street
access to the west through Block 5, but is not requiring it. This access is intended to begin
breaking the pattern of the long, straight high speed blocks.
Planner Skelton stated that staff is recommending that the Commission amend condition
No. 7 of the staff's conclusion and delete "if a Special Improvements District is created;" per
Director of Public Service Forbes' recommendation.
Commissioner Knapp requested that the verbage in Condition No. 3 be clarified to read:
"curb and gutter for the developers fair share of not more than one-half of Durston Road, ... ," noting
this change would be for clarification only.
Following a long discussion regarding the verbage used in Condition No. 8 and Condition
No. 10, Commissioner Frost and Planner Skelton concurred that Condition No. 10 be changed to
read as follows:
10. That the applicant fulfill one of the following options, as set forth in
Condition No. 8, regarding adequate treatment of storm water drainage:
a. That the detention pond as currently designed be located
on a tract of land dedicated as common open space for
the subdivision, with maintenance to be accomplished by
a subdivision homeowners' association; or
b. That the street storm water inlets be designed and
constructed to provide treatment for settleable solids and
floatable material, with maintenance to be accomplished
by the City of Bozeman.
Mayor Swanson stated that his main concern is for the future traffic speed impact on
North 23rd Avenue because of the long street with no stops, possibly causing heavy through traffic
as has occurred on North 20th Street. The Mayor stated that he would like to see a plan developed
now to be put in place before the traffic speed becomes a problem.
In response to Commissioner Frost, Planner Skelton stated that duplexes will be built only
on the north and south ends of this development. This is not stated in the conditions; the
developer has stated it in the development covenants.
It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the
Commission conditionally approve the Preliminary Plat Review, West Park Manor No. 4, to
subdivide a portion of Block 4 and all of Block 5, West Park Manor No. 1 into 30 residential lots,
under Application No. P9209, subject to the following conditions:
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1. That the final subdivision plat contain all required certificates and the
appropriate language as required in Chapter 16.40 of the Bozeman Area
Subdivision Regulations;
2. That the applicant obtain written approval from the Montana
Department of Health and Environmental Sciences prior to final plat
approval;
3. That the applicant provide documentation of waiver of right to protest
the creation of S.I.D.'s for the installation of curb and gutter for the
developers fair share of one-half of Durston Road, and that the waivers
be filed at the Gallatin County Clerk & Recorder's Office prior to final
plat approval;
4. That the applicant provide documentation of waiver of right-to-protest
the creation of S.I.D.'s for a proportionate share, based upon traffic
generation, of the costs of future signalization at the intersection of
North 19th Avenue and Durston Road, and improvements to the
signalization at the intersection of North 7th Avenue and Durston Road,
and that the waivers be filed at the Gallatin County Clerk & Recorders
Officer prior to final plat approval;
5. That the applicant install a pedestrian sidewalk to City standard along
the south side of Durston Road, that the developer be responsible for
installation of any irrigation and/or drainage culvert prior to installing the
sidewalk, and that the improvements be installed and inspected by the
City Engineer's Office prior to final plat approval;
6. That North 23rd Avenue improvements, to be installed by the applicant,
will include 37-foot City standard street, curb and gutter, sidewalks and
storm drainage, and that all improvements will be installed and
inspected by the City Engineer's Office· prior to final plat approval;
7. That West Beall Street improvements, to be installed by the applicant,
will include 37-foot City standard street, curb and gutter, sidewalk and
storm drainage along the north side of the street, that all improvements
will be installed and inspected by the City Engineer's Office prior to
final plat approval, and that the City of Bozeman will participate in the
improvements along the south side of West Beall Street~ if a Special
Improvements District is ereated;
8. That a Storm Water Drainage/Treatment Plan and Maintenance Plan for
a system designed to remove solids, silt, oils, grease, and other
pollutants must be provided to and approved by the City Engineer, that
the plan must demonstrate adequate site drainage, storm water
detention/retention basin details, storm water discharge destination,
and a storm water maintenance plan prior to final plat approval;
9. That plans and specifications for the water and sewer main expansion
and the street and storm sewer improvements, prepared by a
professional engineer, shall be provided for approval by the City
Engineer prior to final plat approval, and that the applicant provide
professional engineering services for construction inspection, post-
construction certification, and preparation of mylar record drawings;
10. That the applicant fulfill one of the following options. as set forth in
Condition No. 8 1 regarding adequate treatment of storm water drainage:
a. That the detention pond as currently designed be located
on a tract of land dedicated as common open space for
the subdivision, with maintenance to be accomplished by
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a subdivision homeowners' association; or
b. That the street storm water inlets be designed and
constructed to provide treatment for settleable solids and
floatable material, with maintenance to be accomplished
by the City of Bozeman;
11. Should the applicant select option "a" of Condition No. 10, the
developer shall create a homeowners' association with articles of
incorporation, by-laws, restrictions and covenants, that the
homeowners' association documents be reviewed and approved by the
Planning Officer prior to final plat approval, and that they be recorded
at Gallatin County Clerk & Recorder's Office with the final plat;
12.. That the six-inch water line in North 23rd Avenue shall be connected
to the ten-inch water line located in Durston Road to provide a looped
water system, unless the City of Bozeman increases the size of the six-
inch line to the area north of Durston Road, whereupon the City of
Bozeman will participate in the oversizing cost of the ten-inch line;
13. That the ten-inch water line located in Durston Road shall be extended
by the applicant to the western boundary of the proposed subdivision;
14. That the following statement shall be placed on the face of the final
plat in bold letters prior to final plat approval:
"Due to the relatively high groundwater table within the
subdivision, it is not recommended that residences with
full basements be constructed. If daylight basements are
incorporated in the construction of structures, they should
not have a finish floor depth greater than three feet below
the top of the curb of the street from which it is served";
15. That the applicant be granted a partial waiver to the Community Impact
Statement and Environmental Assessment; and
16. That the supplementary restrictive covenants be recorded and filed at
the Gallatin County Clerk and Recorders Office with the final
subdivision plat.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Vincent, Commissioner Knapp, Commissioner Frost, Commissioner Stiff and Mayor Swanson; those
voting No, none.
Review of proposed master plan for Graf Parks (East Park, Graf Park, Spring Meadows Park)
The City Manager noted to the Commission that this was a review of the proposed master
plan for Graf Parks (East Park, Graf Park, Spring Meadow Park). He reminded the Commission that
included in their packets was a memo from Sue Harkin, Recreation Superintendent on behalf of the
Parks Advisory Board, along with a copy of the Graf Parks Master Plan as drafted by Dick Pohl.
On this date copies of two petitions were received from neighborhood residents with suggestions
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for improvements. One petition, first name being Leola Brelsford of 415 West Westridge Drive,
stating that the petitioners requested that a playing field of about one acre in size be established
and maintained at the south end of Graf Park. The second petition, with the first name being Anita
Nybo, 405 Staudaher, requested the conversion of the existing log foot bridge to a safe foot bridge
and to add a nature trail (no gravel, bicycles · prohibited) along the east side of the west hay
meadow overlooking the creek. Also received, was a statement from Donald K. Weaver Jr., dated
May 18, suggesting modifications to Graf Park master plan.
Galen Black, representing the Park and Recreation Advisory Board, requested that the
Commission give their approval to the Graf Parks Master Plan. He pointed out East Park, Graf Park
and Spring Meadows Park on the wall map. He noted that the Park and Recreation Advisory Board
held a public hearing on February 24, 1992, requesting public input for this master plan. He stated
that the neighborhood drafted fourteen ( 14) points of suggestion; and the Board received a forty-
signature petition from the neighborhood that included five items of request, along with written
comments. Mr. Pohl presented his master plan in April and on May 11, and the Board met to
review the plan. He stated that the Park and Recreation Advisory Board recommends that the
Commission approve this plan as presented.
In response to Mayor Swanson, Mr. Black stated that he had not had a chance to look at
the petitions received by the Commission on this date.
Commissioner Knapp noted that considering all the material received today, regarding the
Graf Parks master plan, the Commission should receive input from the Park and Recreation Advisory
Board in response to these new petitions before making a decision.
Commissioner Frost concurred with Commissioner Knapp that the Parks and Recreation
Advisory Board should review the new material and bring their recommendations back to the
Commission at a later date.
Mr. Donald K. Weaver, Jr., 2404 Spring Creek Drive, stated that he has been Chairman
of the Rotary Sourdough Trail Committee for fifteen years. He noted that he received the Graf Park
Master Plan one week ago and agrees generally with Dick Pohl's philosophy to keep it a natural
park, however, he has the following three specific suggestions: 1) Do not remove the gravel
access road, as it serves as a nice entrance into the park and an access for the City park service.
2) The heart of this park is the creek area bounded by the Sourdough Trail on the east, the old road
and the edge of the hay meadows. The whole area should be a nature preserve by filling in the
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internal area with trees and shrubs, etc. as a joint neighborhood effort. The walking paths should
be removed from this nature area. 3) Increase the walking paths around the outside to include a
loop dirt trail with a bridge over the creek.
Joyce Lee, 2101 Fairway Drive, stated that she initiated both petitions received by the
Commission today. She pointed out that consensus item 6 was the suggestion of a loop trail along
the east side of the west hay meadow overlooking the creek and consensus item 7 was a request
for a playing field for the park. Mrs. Lee stated that she felt that the loop trail should be included
in the plan if bicycles are prohibited. Regarding the request for a safe foot bridge to replace the
log foot bridge, Ms. Lee stated that the number of signatures on this petition show that the
neighborhood is interested in these items.
Amanda Cater, Chairman of the Recreation and Parks Advisory Board, stated that the
Board had discussed the nature of the park and keeping it natural at some length; and the Board
decided not to include a playing field in the initial phase of the master plan. She stated that the
Board did not want to channel pedestrian traffic to the west side of the creek; and if a bridge was
installed across the creek, the Board felt that it would be impossible to control traffic. Ms. Cater
then stated that due to the comments by neighborhood residents, petitions and written statements
received in the last few days, it would be advisable for the Commission to refer the Graf Parks
Master Plan back to the Recreation and Parks Advisory Board for further study and recommendation
and strongly urged that everyone who signed the petitions please plan to attend the Recreation and
Park Advisory Board meeting.
Sally Hollier, 2011 Highland Court, stated that when she visited her neighbors, nineteen
households requested that a bridge be constructed over the creek for access to the west side.
Ann Banks, 7 Hill Street, stated that she had participated in every meeting of the
neighborhood and the Recreation and Parks Advisory Board. She stated that she thinks that the
feeling of both the neighborhood groups and the Board is that the value of this park is its natural
character and it should be kept in as nearly a natural state as possible. She noted that having a
playing field in the park is not consistent with the natural characteristic. She then stated that there
are several ways to cross the creek. She concurred with Don Weaver in the location of the access
road and concurred with the Recreation and Parks Advisory Board's conclusions.
Brian Rogers, stated that he is a landowner on the west side of East Graf Park, and that
he had attended all of the meetings regarding this park. He stated that he is surprised at the late
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petitions that were submitted on this date, as the Recreation and Parks Advisory Board is the
proper place for the petitions to be submitted. He also stated that he feels that a west side trail
will have to be graveled and that there would be no way to control the bicycle traffic, which would
mean that the landowners would have to control traffic. He also noted that to construct a ball field
would be a very expensive undertaking. He recommended that the City Commission support the
Recreation and Parks Advisory Board and approve the plans as they have been submitted.
Commissioner Knapp stated that she did not realize that the items in these newly
submitted petitions had already been discussed by the Recreation and Parks Advisory Board.
Commissioner Knapp then asked Amanda Cater if there was anything in these new submissions
that had not formerly been discussed. Ms. Cater responded that everything had previously been
discussed except for the expanding upon the internal natural area with trees, shrubs, etc.
Commissioner Vincent noted that before a decision is made, he would like to visit the park
on a walk-through and study the plans a little more in depth.
Commissioner Stiff commented that perhaps this plan should be returned to the Recreation
and Parks Advisory Board for further study on the access road in particular. He stated that he was
concerned regarding the American Disabilities Act requirements, and that alone is important enough
to do a further study.
Commissioner Frost concurred with Commissioner Stiff. He stated he is concerned with
the steepness of the access to the park. He noted that if there is a strong opposition to a footpath
along the west side, he would like the Board to study the problem further and then send their
recommendation back to the Commission.
In response to Commissioner Frost, Ms. Cater stated that the dotted lines along the creek
(on the map) were not designated trails, only where Mr. Pohl perceived a pattern of traffic to be.
She stated that the dotted lines would be deleted from the map to avoid confusion. Ms. Cater
stated that the Recreation and Parks Advisory Board did not recommend the removal of the old road
bed and that Mr. Pohl feels that the road bed is so steep where it joins the road, it will have to be
leveled out.
Mayor Swanson concurred with Commissioners Stiff and Frost in returning the Graf Parks
Master Plan to the Recreation and Parks Advisory Board for further study and research. He stated
he was most interested in the discussion of access from Graf Street west. He noted that the Board
should see the petitions submitted on this date.
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Mr. Paul Weingart, 108 Circle Drive, stated that he volunteered to have the homeowners'·
group (there were five homeowners' groups) nominate a representative from their group to meet
for the purpose of neighborhood' input into the master plan; and two meetings were held. The
representatives of the groups made up quite a list that the residents did and did not want for the
consensus. There was opposition to two of the items listed. It is very important that interested
parties attend the meetings to give their input.
It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the
Commission return the Graf Parks Master Plan to the Recreation and Parks Advisory Board for
comments and recommendations after further study and consideration of the park access road from
Graf Street west and preserving the entire creek area of the park in its natural characteristic. The
motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost,
Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those
voting No, none.
Discussion -signage for neighborhood parking districts
Due to the late hour of the meeting, the City Manager requested that this item be deferred
for one week; the Commission concurred.
Discussion re March 1992 Building Inspection Report -Chief Building Official Kyle Harlan and Zone
. Code Enforcement Officer Roy Beall
Due to the late hour of the meeting, the City Manager requested that this item be deferred
for one week; the Commission concurred.
Commission Resolution No. 2858 -setting garbage rates for FY93
The City Manager presented Resolution No. 2858, as approved by the City Attorney,
entitled:
COMMISSION RESOLUTION NO. 2858
A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONT ANA,
ESTABLISHING TAG SYSTEM FEES AND OTHER SPECIAL FEES FOR
DEFRAYING THE COST AND EXPENSE OF COLLECTING AND DISPOSING OF
GARBAGE UNDER THE PROVISIONS OF ORDINANCE NO. 1323 OF THE CITY
OF BOZEMAN MUNICIPAL CODE.
It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the
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Commission finally adopt Commission Resolution No. 2858, setting the garbage rates for Fiscal
Year 1993. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor
Swanson; those voting No, none.
Ordinance No. 1346 -zone map change -R-3 to R-0 -Dennis Hardin for himself. Kundas and
Sorensons -Lots 2. 3. 4. and 5. Block 1. Kirk's Subdivision# 1 (105. 109. 113 and 117 South
19th Avenue
. City Manager Wysocki presented Ordinance No. 1346, as approved by the City Attorney,
entitled:
ORDINANCE NO. 1346
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING THE ZONING DISTRICT DESIGNATION FROM AN "R-3"
(RESIDENTIAL--MEDIUM-DENSITY) DISTRICT TO AN "R-0" (RESIDENTIAL--
OFFICE) DISTRICT ON PROPERTY IDENTIFIED AS BEING LOTS 2, 3, 4 AND 5,
BLOCK 1, KIRK'S SUBDIVISION NO. 1 LOCATED I THE CITY OF BOZEMAN,
AND MORE COMMONLY KNOWN AS 105, 109, 113 AND 117 SOUTH 19TH
AVENUE.
It was moved by Commissioner Stiff, seconded by Commissioner Knapp, that the
Commission finally adopt Ordinance No. 1346 amending the zoning district designation from an "R-
3" (Residential--Medium-Density) District to an "R-0" (Residential--Office) District on Lots 2, 3, 4
and 5, Block 1, Kirk's Subdivision No. 1 located in the City of Bozeman, and more commonly
known as 105, 109, 113 and 117 South 19th Avenue. The motion carried by the following Aye
and No vote: those voting Aye being Commissioner Stiff, Commissioner Knapp, Commissioner
Frost and Mayor Swanson; those voting No, none. Commissioner Vincent abstained.
Discussion -FYI Items
City Manager Wysocki presented to the Commission the following "For Your Information"
items.
( 1) Bozeman Area Bicycle Advisory Board for Thursday, May 7, 1992.
(2) Memorandum from Alec Hansen, Executive Director, Montana League of Cities
and Towns, announcing that the District 10 Legislative Meeting will be held on Tuesday, May 26,
at 2:00 p.m. in the Commission Meeting Room in City Hall.
(3) Bozeman Beautification Committee minutes of April 28, 1992.
(4) Letter from Mrs. lain Wilson, 1010 South Sixth Avenue, dated May 14, 1992.
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(5) Agenda for the May 19 County Commission meeting.
(6) Agenda for the Development Review Committee meeting to be held at 10:00
a.m. on Tuesday, May 19, 1992, at the Carnegie Building.
(7) Agenda for the Design Review Board meeting to be held at 3:00 p.m. on
Tuesday, May 19, at the Carnegie Building.
(8) The City Manager submitted his weekly report, as follows. (1) Reminded the
Commissioners of the Work Session regarding goal-setting scheduled for May 26, 1992, at 7:00
p.m. in the Commission Meeting Room. During that work session, he recommended that they
discuss the Fire Department's goal of purchasing a mini-pumper as a priority. There is a balance
of $62,000 in the special truck fund for this purpose alone. The new pumper would be $65,000-
$70,000; the money is available; and staff would like permission to proceed with the bid process.
If permission is given to bid, the pumper could be in place by fire season in September, 1992. The
City has been approached by the U.S. Forest Service, to contract with the City on a daily basis for
the use of the pumper during the upcoming fire season. This would allow the City to recover some
of those funds. This item will be on the agenda for May 26. (2) He reminded the Commission of
the Transportation Coordinating Committee meeting scheduled for Wednesday, May 20, at 1: 15
p.m. at the Public Library. (3) He announced that the Chamber of Commerce's Trend 2000
meeting will be held Wednesday, May 20, at 7:00 p.m. in the SUB ballroom.
(9) Mayor Swanson reminded the Commission that their final three goal choices are
due to be turned in to the Clerk of the Commission's office on Wednesday, May 20.
( 10) Commissioner Frost reminded the Commission that a review of the sidewalk
policy should be performed and put into Resolution.
Consent Items
City Manager Wysocki presented to the Commission the following Consent Items.
Commission Resolution No. 2861 -Amending the cemetery fees charged for the
Sunset Hills Cemetery
COMMISSION RESOLUTION NO. 2861
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONT ANA, AMENDING THE CEMETERY FEES CHARGED FOR THE SUNSET
HILLS CEMETERY
Award bid -bonds for 1991 sidewalk program -Steve Hample, average interest
rate of 4.97 percent
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Award bid -expansion of water treatment plant-Diamond Construction, Helena,
Montana -Base bid of $1,041,700.00
Request for closure of Main Street for Taste of Bozeman -Wednesday. August
5, 1992. from 5:30 to 10:00 p.m.; waiver of open container ordinance
from 7:00 to 9:00 for seated guests only
Deviation from side yard setbacks to allow 4 %-foot encroachment into 8 foot
side yard set back -Terri and Peter Wolfgram, 712 So. 10th Avenue;
per DRB recommendation
It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the
Commission approve the Consent Items as listed, and authorize and direct the appropriate persons
to complete the necessary actions. The motion carried by the following Aye and No vote: those.
voting Aye being Commissioner Vincent, Commissioner Knapp, Commissioner Frost, Commissioner
Stiff and Mayor Swanson; those voting No, none.
Recess -5:45 p.m.
Mayor Swanson declared a recess at 5:45 p.m., to reconvene at 7:00 p.m. at the County
Commission Room, Gallatin County Courthouse, for the purpose of conducting the scheduled public
hearings.
Reconvene -7:00 p.m. -County Commission Room. County Courthouse
Mayor Swanson reconvened the meeting at 7:00 p.m. at the County Commission Room,
Gallatin County Courthouse, for the purpose of conducting the scheduled public hearings.
Public Hearing -CUP for PUD -Overbrook at Westridge -to allow construction of 34 condominium
units on Lots 16 and 21 -30, Block 9, amended plat of Figgins Addition (Z-9230): preliminary plat -
aggregation of Lots 16 and 21-30, Block 9, to form one lot (P-9210)(North Figgins Addition)
This was the time and place set for the public hearing on the Conditional Use Permit for
the Planned Unit Development for Overbrook at Westridge to allow construction of 34 condominium
units on Lots 16 and 21-30, Block 9, Amended Plat of Figgins Addition, under Application No. Z-
9230, and a preliminary plat for the aggregation of Lots 16 and 21-30, Block 9, located at the
north end of Figgins Addition, to form one, lot under Application No. P-9210.
Mayor Swanson opened the public hearing and explained the City procedure for
conducting public hearings.
Associate Planner Kevin Wall presented the staff report. He explained that there were two
applications, one for a conditional use permit for a planned unit development and one for a major
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subdivision preliminary plat review.
Planner Wall stated that the Conditional Use Permit application is to allow 34 condominium
units in ten buildings on 4.67 acres currently zoned R-2 (Residential, Single-Family, Medium-
Density) District. The buildings are generally four-unit buildings with one six-unit and one duplex
located on the outer periphery of the site. Entrance will be at the intersection of Westridge and
Fryslie Streets. Figgins Creek runs through the building site. The developers propose to develop
Figgins Creek with grading and stream bed work. Parking will be located in individual garages
connected to the buildings with individual driveways leading up to the garages. The applicants
have proposed a total of 100 parking spaces (34 in garages, 34 in private driveways and 32 along
the communal driveway.) The zone code requires 76.5 spaces under the conventional provisions
of the zone code. In addition, the applicants are proposing two trail dedications. One runs along
the west boundary which would be an extension of the Gallagator Trail and the other is a connector
trail which runs between Westridge and the extension of the Gallagator Trail.
Planner Wall then reviewed the plan's proposed relaxation of the zoning ordinance
provisions through the PUD process, as contained in the staff report.
Dan Kamp, architect, then presented the applicant's report. He stated that this
development was previously reviewed in its conceptual form by the Design Review Board,
Development Review Committee, and the City planning staff. Due to the conceptual review, the
original 38-unit plan was reduced to 34 units. This project has been through six DRC meetings,
five DRB meetings, three neighborhood meetings, two Planning Board meetings, and this is the
second City Commission meeting, plus several meetings with the Department of Fish, Wildlife and
Parks, Corps of Engineers and other agencies.
Mr. Kamp stated the applicant has two options. There is the original approved subdivision
that is in place and can be implemented and there is the present PUD proposal now before the
Commission, which the applicant believes addresses a lot of the underlying elements of the Master
Plan and how a PUD is supposed to function. The idea of the PUD process is that if the applicant
submits mitigating and hopefully positive solutions to the site, and in exchange may receive
additional densities or other design considerations. Basically, that's the reason the developers are
before the Commission tonight, to present what they feel constitutes an improvement over what's
already been approved; and hopefully the Commission, and some of the neighbors, will agree.
Mr. Kamp then stated the original subdivision was approved in 1980 and was filed at that
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time. The original intention was that where the springs occurred and the storm drainage problem
existing in the Figgins Addition would all be moved to the west, and the problem area would be
filled. In addition to moving the water source to the West, there were no provisions for the trail,
no easements allowed either along the old Milwaukee road right-of-way or along the edge of the
property that is now being used as trail access. The original acreages for the park were donated
to the Figgins subdivision. Basically there are were three design concepts. The first was the
design of the site itself, second the design in relation to the neighborhood, and the third was the
design in relation to the community and its relationship to the Master Plan.
He explained that in the Overbrook plan four things will be taken into consideration that
were not in the original 1980 plan: 1) all storm drainage that empties onto the site will be remedied
2) To leave the stream "as is" in its own stream bed and in a more natural setting in conjunction
with the Montana Department of Fish, Wildlife and Parks and the Corps of Engineers, 3) to develop
t he unimproved trail that runs along the southwest side of the property which crosses where the
Gallagator Trail will eventually run along the Milwaukee right-of-way, and 4) the landscaping is
critical. The developer has more than doubled what is required; and the intention was not to try
t o make any particular point, but to address each aspect of the relationship of the site to the
neighborhood.
The second aspect of the design is its relationship to the adjacent neighborhood. The
developer particularly paid attention to the architecture of the buildings so that it would not look
like a condominium project. The plan was that the buildings relate more to single-family dwellings
and to duplexes, and extensive work has been done on the roof form. Rather than singular roof
forms that_ run the width of the building, the developer has broke the ends of both buildings the
other direction so that relationship between buildings would appear more separated. Interior stair
accesses were developed so there would be no appearance of external stairways. There are interior
entrances from the garages to the foyer. Garages are offset so they don't give a continuous garage
door affect. In the current plans, the traffic movement pattern is approved. The developer has met
all criteria of the staff report. The developer plans to sell each unit in the range of $75,000-
$80,000 and feels he has met the goals and policies of the master plan. Mr. Kamp then presented
slides depicting the landscape character of the site along with slides of the stream, etc.
In response to Commission questions, Associate Planner Wall stated that the staff and the
ORB recommended approval of the preliminary plat to the City-County Planning Board. He also
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noted that in the site plan as approved, the stream bed will be moved to the west and a culvert
utilized.
Commissioner Knapp queried the difference between the original plat review and the
present one.
In reply to Commissioner Stiff, Planner Wall explained that keeping sixteen feet between
the two buildings would give a larger open area feeling on the site.
In answer to Commissioner Knapp, Planner Wall replied that the duplex behind Lot 31 will
be two stories.
Commissioner Vincent questioned previous expressed public opinion on this preliminary
plat. He noted there had been some opinion, but none opposed to it. Planner Wall stated that
before the public hearing of May 5, there hadn't been expressed public opinion against the
preliminary plat, however there had been expressed public opinion against the planning and
development and that expressed opinion is a part of the record.
In response to Commissioner Vincent, Ray Center, Rocky Mountain Engineers stated that
he prepared the traffic study taken on South Third Avenue and on Soouth Willson Avenue and that
his figures were taken directly from County and City traffic counts. He explained that possibly the
discrepancy in the count on Soouth Willson just north of Kagy Boulevard in 1988 of 5,350 and the
count in 1990 of 4,280 could be explained by the improvements being done on Kagy Boulevard
during the 1990 count.
Responding to Commissioner Knapp, Planner Wall stated that the original plat is still a
viable plan if the street was improved and the original plat could be completed.
Planning Director Epple stated that these plats are done in phases according to City
standards; the original plat is of record, the public right-of-way exists, the lots exist and all that
would be needed to develop it in accordance with the original plat would be for the street to be
built. Director Epple stated that this project is pre-dated to Planner Wall's and his association with
the Planning staff.
Gene Graf, applicant, stated that the original plat was started in 1979-1980.
In response to Mayor Swanson, Architect Kamp stated that the developers want the
stream corridor to stay in natural landscape as much as possible and that the trail that presently
runs along the stream would be moved to the west and not along the stream. He noted they
established this from various views and suggestions they have received.
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Break -8: 12 p.m. to 8: 19 p.m.
Mayor Swanson declared a break from 8: 12 p.m. to 8: 19 p.m., in accordance with
Commission policy established at their regular meeting of March 14, 1983.
Reconvene -8:19 p.m.
Mayor Swanson reconvened the public hearing at 8: 19 p.m. for the purpose of conducting
the scheduled public hearings.
The Mayor stated that the spokesperson(s) in support of the project could not be from the
development team and may not speak for more than 20 minutes total.
Joe Deeson, 6008 Skyline Lane, stated that currently there is a multiple listing service in
Bozeman which lists properties in areas. Area No. 1 is primarily Bozeman proper. At this point in
time, of the homes priced at $70,000 to $93,000, there were 24 active listings. As of today there
are three of those for sale that will qualify for FHA loans. Three others are all older homes needing
structural work, which changes the type of loans available, making it out of reach for those people
they are trying to attract. He then quoted parts of a real estate article from the April 10, 1992,
Bozeman Daily Chronicle stating that in Bozeman real estate is at the highest level in the state. He
stated the article said that by 1999 the median income in Gallatin Valley will be $29,379, which
will qualify applicants to buy homes in the range of these condominiums. He then noted the down
payments and monthly payments on houses in the $70,000 to $93,000 range. Mr. Deeson stated
that Bozeman growth is good; the competition is good; and he is in support of this complex.
Sue Frye, 3060 Tumbleweed, realtor, stated that she was in support of this project noting
there is really a need for affordable housing. She compared the difference in densities in several
present condo complexes in Bozeman and noted that Overbrook has the least density. She then
compared the prices of different condo complexes.
Pat Tietz, 2000 West Dickerson, realtor, stated that she is in support of Overbrook. She
noted that condo living is popular, and in great demand; and she lives in Southbrook complex,
where there are no students, where the average age of inhabitants is 50-55 years, and there is a
waiting list for occupancy. She stated she believes that Overbrook is a well-planned complex and
she recommends it; noting that it will not ruin the Figgins Addition.
Architect Kamp requested that Tim Dean, builder be given 10 minutes to talk about
affordable housing. The Mayor denied the request.
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Tamy Wittren, 120 South Black, stated she is in support of the Overbrook complex. She
noted that she has attended several of the planning meetings for this project during all phases. She
believes that the project takes into consideration the wetlands, wildlife, trails, stream and allows
for the open space effect. She believes the developers have gone beyond the required criteria for
the master plan.
Dan Kamp, architect, stated that he wanted read into the record that the applicant team
did not receive notice of the change in time allotted for speaking.
Mayor Swanson then called for testimony from the opposition from the audience.
Marti Elder, 2611 Westridge, stated that she is opposed to this project. She stated that
she does not believe this project accomplishes the requirements of the new master plan and the
zoning ordinance. She believes it will make a negative impact on the neighborhood and the
community at large. This negative impact has not been mitigated by the developer as required.
In addition, the developer's claim that this project contributes to the goals and objectives of the
master plan is simply not true. Most of the criteria for the wetland area will be eliminated due to
the way the stream will be changed and the planned settling pond. Ms. Elder referred to a letter
from Richard Vincent, fishery biologist, Montana Department of Fish, Wildlife and Parks, regarding
construction setbacks, noting that the 35-foot setback must be observed. This project includes
two three-foot encroachments, one of which is being resolved and the other is not. The one that
does not puts the building 23 feet into the water course setback. Clearly, this is not in compliance
with the intentions of FWP. This brings up the question as to whether the stream bed can be re-
directed. The wetlands are not exempt from the federal Clean Water Act. The developers have
failed to obtain federal permits under 404 for permission to alter wetlands. She stated that her
information from the Corps of Engineers is that the final decision for the project will not be available
for another week; and after permission is given, there is a one month period for public comment.
This plan is already in violation of the wate.r course encroachment limitations as defined in Federal
Permit 404. These requirements would also pertain to the original plat. Three of these buildings
will be in the floodplain. This project includes land that is in the 100-year floodplain and has a very
high water table. The neighborhood wants to be assured that displacement of the water table will
not cause flooding to neighboring residences and that re-routing won't result in flooding
downstream. They also want to be assured that the surrounding neighbors who have wells will
not be affected by the alterations and that the run-off from Figgins will not affect downstream
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water. Open spaces provided in this development do not satisfy the master plan mandate by
providing for future needs of the public. The open spaces do not provide playground needs. Public
access will be denied to the water course area in order to preserve its natural state. There are no
provisions for the public as the site will be owned by an association.
In summary, Ms. Elder stated that the neighborhood would appreciate answers to the
following questions: 1) Will the water course and flood plain encroachment regulations be
observed? 2) Will approval be withheld pending final review by the Army Corps of Engineers? 3)
Will a playground be included on site for the children of this development?
Alex Hudack, 410 Westridge Drive, stated he believes that the plan is inconsistent with
criteria 4 of the urban residential section of the master plan. Using drawings, he compared the size
of the condominium unit buildings with the neighboring single-family residences, stating the condo
units were larger and fail to meet the air space and light standards of the master plan. He stated
the surrounding property areas will be negatively affected by a higher traffic volume, and an
additional entrance will cause a safety hazard. Mr. Hudack felt that with this project the real estate
value of the surrounding property will be negatively impacted. Mr. Hudack then asked how the
developer will modify the structures or eliminate them to blend in with the master plan and not
adversely effect the present neighborhood, as well as the developers plan to mitigate the traffic
problem that will be created by this project?
Dean Drenk, 221 Westridge, stated that he is opposed to this development. He noted that
in his opinion, these units will sell for more than $80,000 and, therefore, will not be considered
affordable housing. The proposed trail system will actually be 300 feet in length and is isolated
with no access from the north or the south. The east-west trail that the developers are speaking
of will actually end on private property to the west. Finally, he questioned the traffic impact
predicted by the developers from this project. There is no access to Bozeman from the south
except for South Third Avenue. It is the developer's duty under the master plan to mitigate the
traffic problem that this project will cause to South Third Avenue. He then showed a colored chart
of the Figgins Subdivision pointing out that 70 percent of the residents are in opposition to this
plan. The physical characteristics of this plan are contrary to the R-2 zoning for this area.
Kelly O'Connor, 505 Westridge, stated that he is in opposition to this project. He
referenced the May 5 minutes of the Planning Board meeting, page 16, last paragraph and quoted
the statement by Planning Board member Russ McElyea. Mr. O'Connor believes that this is not a
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statement of fact, but of opinion. He noted his great objection to the traffic problem this project
will cause and that he does not object to this concept as a whole, but there are some compromises
to be made by the developers.
Jack Pollari, 424 Westridge, stated that he, along with other concerned residents, has
been in contact with the Acting Director of the Museum of the Rockies requesting information from
the Museum concerning the impact this trail system may have on them. They have learned that
the Museum is concerned about the impact the placement the proposed trail system will have on
the Museum's Tinsley House in the future.
Robert Spencer, 2303 South Third, stated that his property backs up on two sides to the
Graf property. He noted that the Museum of the Rockies is interested in developing a living historic
farm showing the technology of the early 1890's and that the land possibly proposed for this
historic farm would be all of his property and the Graf's, which is adjacent. He does not feel that
a living historic farm should have a condominium complex next to it. Mr. Spencer's second
concern was for the children as there are no provisions in this project for them.
Steve Cherry, 510 Westridge Drive, stated that he is opposition to this project and
requested that the 35-foot setback variance be clarified. He stated that he believes that a federal
404 permit is required.
Leola Brelsford, 415 Westridge Drive, stated she thinks the extra traffic will have quite
an impact on the Figgins Addition. She stated that she works at MSU and drives to work because
the available trail and the private road are dusty and the traffic is very heavy.
Maria Visscher, 2803 Langohr, stated that she moved to Bozeman in 1981. Her family
picked the Figgins Addition to reside in for the single-family dwelling zoning and being a nice place
to raise children. She stated her family was notified by the City to put in sidewalks by July 15 or
would be installed by the City, so we installed it. She then questioned the sidewalk problem having
to do with private drives and felt that everyone should have to follow the rules. She stated that
she was alos curious why the cul-de-sacs do not have to put in sidewalks, although she understood
the reason goes way back to when this addition was developed.
Steve Custer, 511 West Spring Creek, stated that he is in opposition to this project. Mr.
Custer showed two slides of a flood in the area of the creek in 1985. He stated that this area is
really a flood area. He then stated that everyone in Bozeman should be treated equally as far as
respect. There is no mixed use in this area; we represent a neighborhood. Our neighborhood
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should be preserved like an historical district; Figgins is an historic district.
Jim Devitt, 613 % South Willson Avenue, stated that he is neutral regarding the Overbrook
project, but wanted to address Commissioner Vincent's question regarding the South Willson
Avenue traffic counts. In 1981, the Bozeman Transportation Plan traffic count for South Willson
Avenue just north of Kagy Boulevard was 3,000 per day. In 1992, the traffic count was 4,800
per day in the same place. And in 1981 just north of West College the count was 9,400 per day
and the 1992 count is 11,000 per day, with projections that by the year 2000 will be 14,000 per
day. He stated that he had no answers for the inconsistency in the traffic counts that
Commissioner Vincent questioned, but felt that research should be done on it.
Harold Billings, 2806 Langohr, stated that his family lives in Figgins Addition because it
is a family community and his family likes to live there. He stated that he is opposed to developing
a condominium complex in a single-family development area as it would be detrimental to this
community. He then stated that he relies on the Commission to make the right decision and
protect this community.
Jerry Fortney, 421 Westridge Drive, stated that he is opposed to this project. The
encroachment of the buildings on this site are behind his lot. He stated this project was planned
with the minimal distance required for property lines. He does not believe the developer realizes
how compact this plan is. Privacy berms are not the answer. He believes that a project of this
density demands a certain amount of landscape settings that satisfactorily interface with the
neighborhood. The eight-family units are planned in a space that should be for two lots and two
families. Mr. Fortney then appealed to the Commission to not allow this encroachment to occur.
Nat Kutzman, 2717 Langohr, stated that he lives between five and six blocks from the
Overbrook site. He noted that his family bought in the Figgins Addition because it was zoned R-2,
and requested that the Commission not allow a single-family area to become a high-density
condominium area.
Joyce Hynes, 2900 Secor, stated she moved into the Figgins Addition in 1991 after living
for eight years in the high-density Wildwood Condominium complex at 17th and Olive. She stated
that she left that area partially because of the high-density problem, the unsolvable living
conditions, and the students living in the complex. She does not want to see the same thing
happen in this neighborhood and urged the Commission not to approve this PUD.
Edith Spencer, 2303 South Third Avenue, stated that she is opposed to this project and
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is mostly concerned for the safety of the children. She foresees a problem in the condo owners
association in that it will have to be dealt with as a group instead of on an individual basis.
Supposedly there will be a condo manager, however, she would rather deal with single-family
resident neighbors than an owners group.
Debbie Miller, 2903 Westridge Drive, stated that when they were looking at lots in the
Figgins Addition, their real estate agent advised them to be sure and check the zoning, which they
did and found it was single-family; they and presumed it would remain such. She believes this area
should be developed as eleven single-family resident dwellings and not as a condo unit
development.
Bryan Robertus, 2708 Langohr, stated that he opposes this PUD. He believes that it is
very possible that these could become rental units. If so, being so close to the University, there
would be lots of college students taking advantage of it since there is such a rental crush right
now. He stated that he just graduated from MSU two years ago and is very familiar with student
life. Mr. Robertus does not wish to have the worry of the added traffic impact, noting that one
must think of the safety of the children.
Sue Hudak, 410 Westridge Drive, stated that she opposed this project. There already is
a traffic problem on Westridge. If this project is allowed, it follows that the school will be
requesting a stop sign at South Third and Arnold because of the yet heavier yet traffic.
With no further public comments, Mayor Swanson called for questions from the
Commission.
Commissioner Knapp asked if there was a mechanism available to limit the residents
allowed in the condominium complex and keep rentals from occurring.
Commissioner Vincent commented that he is anxious to learn more about the status of
the original plat, especially in relation to the stream.
Mayor Swanson called for rebuttal by the supporting team.
Charlie DiMarco, stated that he is a member of the group that is trying to help develop this
property. He stated that the developers are approaching the Commission for a change to what was
previously approved and that ev,erything is constantly in a change process. He noted that the
developers possess an impeccable reputation in the community. Mr. DiMarco stated that the Corps
of Engineers' required obligation has been met. This development has been under heavy scrutiny
and has received 46 out of 48 votes of approval on the project. He then stated that the
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development group respectfully submits this project to the Commission and ask for approval.
In response to Commissioner Frost, Architect Kamp replied that the developers have
received the 310 permit; it has been approved. He noted that the Federal 404 permit is in for a
review of the site, indicating that the documents are correct and within limits of the permit. Mr.
Kamp st ated that the developers should receive permission in writing.
In response to Mayor Swanson, Builder Dean replied that the condo units will be offered
at $75,000 to $80,000 to the buyer; but the developer cannot control the selling price of the buyer
when he/she chooses to re-sell.
The City Manager stated for the record that the Commission had received all of the
information from the Planning Board hearing prior to the City Commission hearing. Also received
was a letter from Bryan and Margaret Robertus, dated May 13, and received today, May 18; a
letter from Robert L. and Mary Ann Brown, dated May 18, which was received tonight at the public
hearing; and a petition in opposition, dated May 9 (4 pages) received after 8:00 p.m. May 18. City
Attorney Luwe stated that the record of the Planning Board is available as part of this record for
the Commission's consideration.
In response to Commissioner Vincent, the City Manager stated that the letter from the
Robertus's is in opposition to this project as is the one from the Brown's.
It was moved by Commissioner Frost, seconded by Commissioner Stiff that the public
hea ring be closed. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor
Swanson; those voting No, none.
Mayor Swanson closed the public hearing.
The Mayor requested a motion on whether or not to waive the one week waiting period.
Commissioner Stiff moved that, because of the high percentage of expressed public
opinion for the public safety concern, the project be denied. The motion was seconded by
Commissioner Vincent.
City Manager Wysocki interjected a "point of order" that the Commission has not yet been
able to see the latest public opinion documents received at the public hearing. He stated that the
Commission must wait one week for a decision to have time to peruse the latest documents
received.
City Attorney Luwe advised the Commission that all the evidence was not before them
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at this point, therefore they need to consider these latest received items before making a decision.
Commissioner Stiff withdrew his motion to deny and Commissioner Vincent withdrew his
second to the motion.
Mayor Swanson stated that the Commission would except no new input between this
public hearing and the decision in one week.
Responding to Mayor Swanson, the City Manager requested two weeks' time for the
decision.
It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the
Commission delay for one week the decision on the CUP for PUD to allow construction of 34
condominium units on Lots 16 and 21-30, Block 9, amended plat of Figgins Addition (Z-9230) and
the preliminary plat for aggregation of Lots 16 and 21-30, Block 9, to form one lot (P-9210). The
motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff,
Commissioner Vincent, Commissioner Knapp, and Commissioner Frost; those voting No, Mayor
Swanson.
Mayor Swanson thanked the public for their participation.
Break -9:55 p.m. to 10:00 p.m.
The Mayor declared a break from 9:55 p.m. to 10:00 p.m., in accordance with
Commission policy established at their regular meeting of March 14, 1983.
/O;oo J;m
Reconvene --8:e 11 ff ,.
Mayor Swanson reconvened the public hearing at 10:00 p.m. for the purpose of
conducting the scheduled public hearings.
Public Hearing -Commission Resolution No. 2859 -Intent to vacate Fryslie Street
This was the time and place set for the public hearing on Commission Resolution No
2859, as reviewed by the. City Attorney, entitled:
COMMISSION RESOLUTION NO. 2859
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO
VACATE AND ABANDON THAT PORTION OF FRYSLIE STREET ADJACENT TO
LOTS 21, 22, 23, 24, 25, 26, 27, 28, 29 AND 30 OF THE AMENDED
SUBDIVISION PLAT OF BLOCK 9, FIGGINS ADDITION, PHASE I.
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Mayor Swanson opened the public hearing.
In response to Mayor Swanson, City Attorney Luwe stated that the presentation for this
public hearing was dependent upon the Commission's decision regarding the CUP for PUD of the
Overbrook at Westridge public hearing which immediately preceded this public hearing, and that
the testimony for this public hearing should be limited only to the vacation of Fryslie Street.
Planner Wall stated that the staff report on the vacation of Fryslie Street was basically
covered in the Preliminary Plat report. Planner Wall reminded the Commission that Public Service
Director Forbes recommended that Fryslie Street be vacated from the north property lines of Lots
20 and 31 to the end of the platted cul-de-sac. He further recommended that the applicant may
develop the private drive (reduced driveway standard versus a public street) to the intersection with
Westridge Drive; however, the applicant should be required to maintain this remainder portion of
the Fryslie Street right-of-way.
There were no questions from the Commission for Planner Wall.
Mayor Swanson called for audience response and comments on the vacation of Fryslie
Street. There was no response from the audience.
It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the
public hearing be closed, and that the decision be held until the final decision on the CUP for PUD
for Overbrook at Westridge under Application No. 2-9230 and a preliminary plat of aggregation of
. Lots 16 and 21-30, Block 9, to form one lot under Application No. P-9210 (north end of Figgins
Addition) is made. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Vincent, Commissioner Knap_p, Commissioner Frost, Commissioner Stiff and Mayor
Swanson; those voting No, none.
It was moved by Commissioner Knapp, seconded by ·commissioner Frost, that the
Commission not waive the one week waiting period for the final decisions on Application Nos. 2-
9230 and P-9210, and that those decisions be made before making a decision on the vacation of
Fryslie Street. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Knapp, Commissioner Frost, Commissioner Stiff, Commissioner Vincent and Mayor
Swanson; those voting No, none.
Public Hearing -Ordinance No. 1345 -enabling legislation for creation of neighborhood parking
districts
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This was the time and place set for the public hearing on Ordinance No. 1345, as
reviewed by the City Attorney, entitled:
ORDINANCE NO. 1345
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED
BY REVISING SECTIONS 10.32.350 AND 10.32.360 AND RENUMBERING
THESE SECTIONS AS 10.32.400 AND 10.32.410 RESPECTIVELY, AND BY
ADDING SECTIONS 10.32.350 THROUGH 10.32.390,
INCLUSIVE, PERTAINING TO STOPPING, STANDING, AND PARKING OF
VEHICLES, THEREBY CREATING A PROCEDURE FOR THE ESTABLISHMENT OF
A RESIDENTIAL ON-STREET PARKING PERMIT REGULATION PROGRAM.
Mayor Swanson opened the public hearing.
Assistant to the City Manager Ron Brey presented the staff report. Mr. Brey stated that
the required proponents of signage and application procedure for the establishment of a residential
on-street parking permit regulation program are described in this ordinance. He stated that several
petitions are now being gathered for the establishment of neighborhood parking districts.
He noted that some students at the University of Montana in Missoula, have presently
filed suit against the City of Missoula regarding the neighborhood parking districts that there were
established there, stating that only the State Legislature can create parking districts. Mr. Brey
stated that he is watching the progress of this suit and will keep the Commission informed.
Mr. Brey informed that Commissioners that he is currently in contact with the University
of Washington regarding their neighborhood parking districts, however, the City of Seattle absorbs
the entire cost of the neighborhood parking districts, making it free to residents. He then noted that
they do not have a school district, such as Irving School, in their neighborhood parking districts.
In response to Commissioner Frost, Mr. Brey stated that this ordinance only enables
legislation for the creation of the parking districts; it does not create parking districts.
In response to Commissioner Vincent, Mr. Brey stated of the 70 percent of the residents
that responded to a survey of the neighborhoods adjacent to the Montana State University campus,
90 percent were proponents of the establishment of the neighborhood parking districts.
In response to Commissioner Knapp's question as to whether the lawsuit filed in Missoula
would challenge the creation of the districts or the enabling legislation, the Assistant to the City
Manager replied that several of the components of the Missoula suit challenge local government
authority to create residential parking districts and would apply to us. One component appears to
be specific to Missoula's program and has no bearing on our program.
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In response to Commissioner Vincent's question regarding the fact that the Missoula
residential parking districts have been in place for six to seven years and what bearing that might
have in court, City Attorney Luwe replied that the citizens' objections to the creation of the
neighborhood parking districts should have been filed at the time the districts were created or
shortly thereafter and that the outcome of the suit may depend on who the plaintives are. One of
the plaintives is a homeowner in that district. Attorney Luwe stated that he believes the issue in
Missoula will come down to the actual authority that the City of Missoula had to enact the enabling
ordinance and whether they had the constitutional and inherent right to do so. There is also a U.S.
Supreme Court decision that applies to this case which will support the City of Missoula.
Mayor Swanson called for comments from the audience in support of the residential
parking districts.
Mr. Dal Burkhalter, 1429 South 5th Avenue, stated that he is in support of the residential
parking districts. He stated that he would like to present to the Commission the results of a
petition for a specific residential parking district, noting there is support for a specific parking
district proposal. He noted that he had polled the neighborhood four blocks out from the outside
classroom edge of the Montana State University campus. His committee contacted between 60
and 70 percent of the residents of that area and received 346 signatures. Overall 90.5 percent of
the signatures were in favor of a residential parking district, 4.9 percent were opposed and 4.6
percent remained neutral. With these statistical results, Mr. Burkhalter stated that he hoped that
the Commission favorably consider the enabling legislation.
Mayor Swanson called for comments from the audience in opposition to the residential
parking districts.
Shawn Campbell, 311 South 16th Avenue, ASMSU Senator, stated that he is in
opposition to this legislation and represents the campus students and the Greek community
questioning what effect it will have on the nine Greek houses adjacent to the campus, which
includes approximately 100 members in one house. Mr. Campbell questioned what stipulations
there would be and how many permits the fraternity houses would be allowed. He stated that
creation of residential parking districts will effect an approximate total of 500 students as well as
the MSU staff that parks along streets adjacent to the MSU campus. He stated that his feeling
would be that the fraternities will be opposed to this ordinance.
The Assistant to the City Manager stated that in the general ordinance on page 1, Section
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1, Subsection B states:
Any ordinance designating an area of the City as a residential permit parking area shall describe:
Subsubsection 5. any special provisions or exceptions applicable to schools, churches,
businesses, public park use, etc. within the residential area;
Mr. Brey stated that the Greek community would be considered under "etc.". He noted
that he has been in discussion with the fraternities and sororities at the University of Montana in
Missoula; and their head resident provides an adequate number of permits for the Greek
cCommunity parking. He noted that these problems have been anticipated and provision has been
made for them in the general ordinance.
There being no further questions or discussion, Mayor Swanson called for a motion to
close the public hearing.
It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the
Commission close the public hearing. The motion carried by the following Aye and No vote: those
voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner
Knapp and Mayor Swanson; those voting No, none.
Mayor Swanson closed the public hearing.
It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the
Commission finally adopt Ordinance No. 1345, enabling legislation for the creation of neighborhood
parking districts. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor
Swanson; those voting No, none.
Adjournment -10:30 p.m.
There being no further business to come before the Commission at this time, it was moved
by Commissioner Vincent, seconded by Commissioner Knapp, that the meeting be adjourned. The
motion carried by the following Aye and No vote: those voting Aye being Commissioner Vincent,
Commissioner Knapp, Commissioner Frost, Commissioner Stiff and Mayor Swanson; those voting
No, none.
05-18-92