HomeMy WebLinkAbout1995-11-20 ccm
MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
November 20, 1995
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. The Commission of the City of Bozeman met in regular session in the Commission
Room, Municipal Building, November 20, 1995, at 3:00 p.m. Present were Mayor Vincent,
Commissioner Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost, City
Manager Wysocki, City Attorney Luwe and Clerk of the Commission Sullivan.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
None of the Commissioners requested that any of the Consent Items be removed for
discussion.
Minutes - November 6 and November 13. 1995
It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the
minutes of the meetings of November 6 and November 13, 1995, be approved as submitted.
. The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost and MayorVincent;
those voting No, none.
Decision - COA with sign exemDtion from ChaDter 18.65. to allow existing sian to remain on
Tract A. Amended Plat of Lots 24. 27 and 28. Northern Pacific Addition - Terry and Sutta
Larson for Ranch House Motel. 1201 East Main Street (Z-95137)
This was the time and place set for the decision on the Certificate of Appropriateness
with exemption from Chapter 18.65 of the Bozeman Municipal Code, as requested by Terry and
Sutta Larson for the Ranch House Motel, under Application No. Z-95137, to allow the existing
sign to remain on Tract A, Amended Plat of Lots 24, 27 and 28, Northern Pacific Addition. The
subject site is more commonly located at 1201 East Main Street.
. Historic Preservation Planner Strahn stated that during the past week, the owners of
the Blue Sky Motel emphasized to him that they agreed to remove the reader board as a
compromise to allow them to retain the basic sign; they did not volunteer to do so.
Responding to Commissioner Stueck, the Historic Planner confirmed that the reader
board could be relocated on the site, through the approval and issuance of a sign permit.
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Commissioner Stueck suggested that the Commission table the decision on
this
application because he is uncomfortable with requiring that the reader board be moved to
another location on the site, which defeats the purpose of the sign code, and because he feels
that any modifications to the sign code in response to Mr. Claus's presentation should be made
. before changes to any existing signs are required.
Commissioner Frost expressed concern about delaying action based on potential
changes as a result of Mr. Claus's presentation, particularly since it may be several months
before any revisions are made. He stated, rather, that the Commission
should act on this
application at this time, based on the code as it exists.
He emphasized the importance of
remembering that the Commission has tried to carefully follow the sign code in making its
decisions on various requests, to ensure fairness and to provide a level playing field for
everyone. He stated there is a precedent for acting on this application at
this time; the
Commission has all of the information needed for a decision; and he feels it is best to take
action at this time.
Commissioner Youngman stated concurrence with Commissioner Frost's comments,
. noting that there is a sign code in effect, and a similar application has recently been approved.
She stated it would be unfair to not proceed with the decision on this application at this time.
Commissioner Stiff stressed the importance of consistency. He noted that if any of
the suggestions made by Mr. Claus are accepted by the Commission, and the sign code
revised, the property owners would be able to file applications that would allow them to take
advantage of those revisions. He then forwarded his interest in acting on this application at
this time.
Mayor Vincent stated his concurrence with the comments of the last three
Commissioners.
City Manager Wysocki reminded the Commission of the staff's position that less than
one year should be given to meet the conditions of approval. He then recommended that,
. rather than requiring the staff to remember a number of deadlines, all future approvals of sign
applications of this type be set for the same date as the deadline for the Blue Sky Motel sign.
He noted that this will result in shortened timelines for meeting the conditions in future
approvals and it will establish one deadline date for staff to enforce.
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It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that
the
Commission approve the Certificate of Appropriateness with exemption from
Chapter 18.65
of the Bozeman Municipal Code, as requested by Terry and Sutta Larson for
the Ranch House
Motel, under Application No. Z-95137, to allow the existing sign to remain
on Tract A,
. Amended Plat of Lots 24, 27 and 28, Northern Pacific Addition, subject to the following
conditions:
1. That
the reader board be permanently removed from the existing
sign
and that the applicant obtain a building permit and complete
the
work within one year from the date of approval of the Blue
Sky
Motel sign.
The motion carried by the following Aye and No vote: those voting Aye being
Commissioner
Stiff, Commissioner Stueck, Commissioner Frost, Commissioner Youngman and
Mayor Vincent;
those voting No, none.
Ordinance No. 1409 - adoDtina an urban renewal Dlan for Dortions of downtown
Bozeman area
Included in the Commissioners' packets for the November 6 meeting was a
copy of
. Ordinance No. 1409, as approved by the City Attorney, entitled:
ORDINANCE NO. 1409
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, ADOPTING AN URBAN RENEWAL PLAN FOR PORTIONS OF
THE DOWNTOWN BOZEMAN AREA.
Assistant City Manager Brey stated there seems to be some confusion created
by the
language of the draft plan. He noted that under this plan, it is proposed
a $750,000 cap be
implemented for annual tax increment revenues, and that the increment will
end after the
eleventh year or when the $750,000 cap is reached, whichever occurs first.
He then
forwarded proposed language revisions to clarify those issues.
City Manager Wysocki noted that questions were raised about non-profit
organizations
and fire safety issues. He reminded the Commission of the committee's position
that the use
. of public monies should be limited to public rights-of-way only, which
generally extend to the
back of the sidewalk in the downtown area. He then indicated that the language
in the plan
may be interpreted to provide that the public portions of buildings housing
non-profit
organizations could qualify for tax increment financing monies.
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Commissioner Frost thanked the committee members for their work and preparation
of the urban renewal plan, stating that this effort will benefit the core
of the downtown area.
Responding to Commissioner Stueck, the City Manager stated that if the water and
sewer services were ever relocated to the alley, under this plan, the water
and sewer lines
. could be stubbed to the edge at the public right-at-way.
Commissioner Stueck stated his concurrence with Commissioner Frost's comments,
characterizing this as the first time in a long time that the City, County,
School District and
downtown business people have worked together to develop a plan upon which
everyone has
agreed.
Commissioner Youngman stated her concurrence as well. She recognized
the
importance of adopting the urban renewal plan as proposed by the committee,
particularly since
it is the result of a consensus building process.
Commissioner Stiff forwarded his support for the document as well, noting that he
is impressed with the pUblic/private partnership that has made the process
work.
Mayor Vincent stated his support for adoption of the plan as forwarded by the
. committee, stating that it would not be in anyone's best interests for the Commission to
change the document at this time.
It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the
Commission finally adopt Ordinance No. 1409, adopting an urban renewal
plan for portions of
the downtown Bozeman area, with the proposed language revisions forwarded
by the Assistant
City Manager. The motion carried by the following Aye and No vote: those
voting Aye being
Commissioner Stueck, Commissioner Frost, Commissioner Youngman, Commissioner
Stiff and
Mayor Vincent; those voting No, none.
Assistant City Manager Brey announced that he will now prepare the final urban
renewal plan, which will include a copy of the ordinance as adopted, a
list of committee
. members, and a metes and bounds description of the district.
Ordinance No. 1410 - Zone MaD Amendment - B-1 to R-2 - 7.0 acres located
in a Dortion of
the NE%. Section 10. T2S. R5E. MPM (southeast corner of the intersection
of Durston Road
and Ferauson Avenue)
Included in the Commissioners' packets for the November 6 meeting was a copy of
Ordinance No. 1410, as approved by the City Attorney, entitled:
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ORDINANCE NO. 1410
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONT ANA, AMENDING THE BOZEMAN ZONE MAP'S ZONING DISTRICT
DESIGNATIONS BY AMENDING THE ZONING DESIGNATION FROM "B-1"
(NEIGHBORHOOD SERVICE) TO "R-2" (RESIDENTlAL--SINGLE-FAMILY,
MEDIUM-DENSITY) ON 7.0 ACRES LOCATED IN THE NORTHEAST ONE-
QUARTER OF SECTION 10, TOWNSHIP 2 SOUTH, RANGE 5 EAST,
. MONTANA PRINCIPAL MERIDIAN.
The City Manager reminded the Commission that this ordinance was provisionally
adopted at the November 6 meeting and recommended that it be finally adopted
at this time.
It was moved by Commissioner Frost, seconded by Commissioner Youngman,
that
the Commission finally adopt Ordinance No. 1410, amending the zoning on
the 7.0-acre parcel
located at the northeast corner of the intersection of Durston Road and
Ferguson Avenue from
"B-1" (Neighborhood Service) to "R-2" (Residential--Single-family, Medium-density).
The
motion carried by the following Aye and No vote: those voting Aye being
Commissioner Frost,
Commissioner Youngman, Commissioner Stiff, Commissioner Stueck and Mayor
Vincent; those
voting No, none.
. Ordinance No. 1411 - revising Section 13.28.330 of the Bozeman Municioal Code, settina
revised oenalties for violations of Chaoter 13.28. relatina to sewaae disoosal
and local
wastewater oretreatment standards
Included in the Commissioners' packets for the November 6 meeting was a
copy of
Ordinance No. 1411, as approved by the City Attorney, entitled:
ORDINANCE NO. 1411
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE, AS
AMENDED BY ORDINANCE NO. 1390, AND WHICH SAID ORDINANCE IS
NOT CURRENTLY CODIFIED IN THE BOZEMAN MUNICIPAL CODE, BE
AMENDED BY REVISING SECTION 13.28.330 OF SAID CODE; PROVIDING
FOR INCREASING THE PENALTY FOR THE VIOLATION OF ANY PROVISION
OF CHAPTER 13.28 RELATING TO SEWAGE DISPOSAL AND LOCAL
WASTEWATER PRETREATMENT STANDARDS.
The City Manager reminded the Commission that this ordinance was provisionally
. adopted at the November 6 meeting and recommended that it be finally adopted at this time.
It was moved by Commissioner Youngman, seconded by Commissioner Stiff,
that the
Commission provisionally adopt Ordinance No. 1411, amending the penalties
for violation of
any provision of Chapter 13.28 of the Bozeman Municipal Code relating to
sewage disposal and
local wastewater pretreatment standards. The motion carried by the following
Aye and No
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vote: those voting Aye being Commissioner Youngman, Commissioner Stiff,
Commissioner
Stueck, Commissioner Frost and Mayor Vincent; those voting No, none.
Ordinance No. 1412 - vacating and abandoning that Dortion of West Babcock
Street riaht-of-
way lying adiacent to and north of Lot 3A-2. and adiacent to and south
of Lot 3B-1. all in Block
. 3. Kirk's Fourth Subdivision (immediatelY northeast
of realigned
West MainlWest
Babcock/South 23rd intersection)
Included in the Commissioners' packets was a copy ot Ordinance No. 1412,
as
approved by the City Attorney, entitled:
ORDINANCE NO. 1412
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, VACATING AND ABANDONING THAT PORTION OF WEST
BABCOCK STREET RIGHT-OF-WAY LYING ADJACENT TO AND NORTH OF
LOT 3A-2, AND ADJACENT TO AND SOUTH OF LOT 3B-1. ALLIN BLOCK
3, KIRK'S FOURTH SUBDIVISION IN THE CITY OF BOZEMAN, MONTANA.
The City Manager reminded the Commission that this subject portion ot the
West
Babcock Street right-ot-way lies immediately northeast of the newly-realigned
intersection of
West Main Street, West Babcock Street and South 23rd Avenue.
He further reminded the
. Commission that the public hearing on this proposed vacation has been held. and recommended
that they provisionally adopt the ordinance at this time.
It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that
the
Commission provisionally adopt Ordinance No. 1412, vacating that portion
ot West Babcock
Street right-ot-way lying immediately northeast of the realigned intersection
ot West Main
Street/West Babcock Street/South 23rd Avenue, and that it be brought back
in two weeks tor
tinal adoption. The motion carried by the tollowing Aye and No vote: those
voting Aye being
Commissioner Stiff, Commissioner Stueck, Commissioner Frost, Commissioner
Youngman and
Mayor Vincent; those voting No, none.
Ordinance No. 1413 - reDealina Sections 15.08.100 and 15.08.110 of the
Bozeman MuniciDal
'. Code and declaring the same null and void and of no effect
Included in the Commissioners' packets was a copy of Ordinance No. 1413, as
approved by the City Attorney, entitled:
ORDINANCE NO. 1413
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING FOR THE REPEAL OF SECTIONS 15.08.100 AND
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15.08.110
OF THE BOZEMAN MUNICIPAL CODE.. AND DECLARING SAME
TO BE NULL AND VOID AND OF NO EFFECT.
City
Attorney Luwe stated that these sections of the Bozeman Municipal Code contain
specific requirements for electrical outlets. He noted that these requirements
are in addition
to the requirements of the National Electrical Code, which the Commission
has also adopted,
. and they seem to be excessive. He then recommended that these sections be eliminated from
the Code.
Responding to Mayor Vincent, the City Attorney stated that the City adopts the
various building codes within ninety days of State adoption, and those
are the same codes that
are enforced by the State.
It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the
Commission provisionally adopt Ordinance No. 1413, repealing Sections 15.08.100
and
15.08.110 of the Bozeman Municipal Code, and that it be brought back in
two weeks for final
adoption.
The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Stueck, Commissioner Frost, Commissioner Youngman, Commissioner
Stiff and
. Mayor Vincent; those voting No, none.
Discussion/presentation re issuance of $7 .995.000 Multi-family Mortgage
Revenue Bonds.
Series 1995. for Arcadia Gardens Apartments (formerly Dickinson Manor Apartments)
City Manager Wysocki stated that, included in the Commissioners' packets, was a
copy of the minutes from the meeting of November 21, 1994, when the issuance
of bonds was
originally discussed.
Ms. Mae Nan Ellingson, Dorsey and Whitney, bond consultants for the bond issue,
stated that Mr. Elden Chang, borrower, and Mr. Jim Hahn, Newman and Associates,
bond
underwriters, are present.
She reminded the Commission that at this time last year, they
adopted a resolution of intent to issue these bonds, and subsequently held
a public hearing on
that resolution. She stated that since that time, the underwriter and the
borrower have been
. working to secure financing through FHA. She noted
that over the last three weeks,
documents for issuance of the bonds have been prepared, and she asked that
the Commission
consider adoption of the final bond resolution at its November 27 meeting.
Ms. Ellingson reminded the Commission that issuance of these bonds does not
obligate the City to fund repayment of the bonds. She noted, instead, that
through the City's
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issuance of the bonds, the borrower is entitled to tax exempt bonds. The
Arcadia Gardens
project meets the requirements for tax exempt bonds for multi-family housing
that is in the
public interest because a percentage of the units is targeted to low-income
families. She noted
that the developer has the option of setting aside 20 percent of the units
at 50 percent of the
. area median income or 40 percent at 60 percent of the area median income, for a minimum of
fifteen years. The developer will enter into an agreement with the City
which establishes the
manner in which those requirements will be met.
She stated that the borrower will be
responsible for making loan payments from rental of the apartments.
Mr. Jim Hahn, Newman and Associates, distributed brochures containing financial
information about the project to the Commissioners. He stated his firm
specializes in financing
for low and moderate-income housing projects. He stated that, through FHA
insurance and
conventional financing, Mr. Chang has obtained the financing necessary
to undertake his
project, and the Commission is being asked to adopt a resolution at next
week's meeting to
allow for completion of the process. He reminded the Commission that the
resolution of intent
allowed for $9 million in bonds to fund the project. Since that time, a
series of processes has
. been undertaken to finalize project costs and obtain the approvals necessary
to move forward
with the project.
Mr. Hahn provided a brief overview of the Arcadia Gardens project, which
is a 160-
unit apartment complex at the corner of Durston Road and North 22nd Avenue.
The project
is to contain 130 two-bedroom units and 30 three-bedroom units, plus laundry
and recreation
facilities. Twenty percent of the units are to be rented at 50 percent
of area median income.
In light of information garnered during FHA analysis, the two-bedroom units
are to be rented
at the market rate of $610 per month and the three-bedroom units are to
be rented for $750
per month. The set aside units are to be rented for $323 for the two-bedroom
units and $369
for the three-bedroom units.
. Mr. Hahn stated that, after analysis of the project, the market, and operating
expenses, the FHA has indicated a willingness to insure $7,765,000 in bonds. He stated that
the total project costs are $9,077,000, including the paying off of special
improvement district
assessments.
The owners are required to provide $1,100,000 in equity to meet the FHA
requirements, and they have posted $370,000 in letters of credit to ensure
that operating
expenses are met during the development phase.
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Mr. Hahn stated that the bonds are to be conduit bonds, or private activity
bonds.
They are AAA rated by Standard and Poor's, and the proceeds will be dispensed in accordance
with the investment agreement. He noted that, based
on past experience, it takes
approximately nine months to collect monies from the government, and it is important to ensure
e that the costs are covered for that period of time.
Mr. Hahn stated that this project provides an opportunity for additional
low and
moderate-income housing units, with restricted rental rates, for an extended period of time,
with no obligation to the City.
Responding to Commissioner Youngman, Mr. Hahn stated that the rental rates
are
based on area median income. He stated that the low and moderate-income rental rates are
adjusted for family size, but there is no restriction on what percentage of income would be
allocable to rent. He then indicated that the rents will be adjusted
annually to reflect 50
percent of area median income for fifteen years.
City Manager Wysocki reminded the Commission that next week's meeting is
typically
a work session and agenda meeting. He noted, however,
that the Commission has set a
. special meeting to conduct a public hearing at 7:00 p.m., so the resolution to which the
developer's representatives have referred can be quickly adopted at the beginning of the
meeting.
Reauest for waiving of informality in bids received for the $3.480.000 Water System Revenue
Refunding Bonds. Series 1995
City Manager Wysocki noted that, distributed just prior to the meeting,
was a memo
from Administrative Services Director Gamradt, dated November 20, 1995, forwarding staff's
recommendations for award of the bid for the Water System Revenue Refunding Bonds, Series
1995. He stated that the notice for the sale states that the interest rates must be in ascending
order; however, the low bid does not meet that requirement. To accept the low bid, which
. would be in the City's best interests, staff recommends that the informality be waived.
It was moved by Commissioner Frost, seconded by Commissioner Youngman,
that
the Commission waive the provision of the notice of sale that requires the interest rates be in
ascending order and award the sale of bonds to DADavidson at a true interest rate of 4.57519
percent. The motion carried by the following Aye and No vote:
those voting Aye being
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Commissioner Frost, Commissioner Youngman, Commissioner Stiff, Commissioner
Stueck and
Mayor Vincent; those voting No, none.
Presentation of Enhancement Proaram Steerina Committee rankino of DroDosed
Droject
aoolications for CTEP monies - Neighborhood Coordinator/Grantsoerson Goehruno
. Neighborhood Coordinator/Grantsperson James Goehrung reviewed his memo
of
November 7, a copy of which was included in the Commissioners' packets.
He stated this is
the second time that the Enhancement Program Steering Committee has reviewed
and ranked
applications for enhancement monies. He stated that thirteen projects were
identified by the
public; six of those projects have been ranked, and the committee is recommending
that the
Commission direct staff to prepare applications for four of those projects.
The Neighborhood Coordinator/Grantsperson stated that last year, four projects
were
identified; however, two of them have not been undertaken to date. He noted
that the State
Department of Transportation has chosen not to improve North Rouse Avenue
at this time, and
the path along Highland Boulevard is currently in the planning stages because
of the limited
. right-of-way available and the determination that ADA requirements must
be met.
Responding to Commissioner Stueck, the Neighborhood Coordinator/Grantsperson
stated that if the Commission authorizes staff to submit applications for
the four identified
projects, he will do so as quickly as possible.
He noted that the State has indicated it will
review the applications in four to six weeks, so the projects could probably
be undertaken
during next year's construction season.
The Neighborhood Coordinator/Grantsperson briefly highlighted the four
projects,
which include: a pedestrian/bike path along South Third Avenue, a bike
lane network in the
Bozeman core, a pedestrian/bike path to the Bozeman ponds, and improvements
to the medians
on North 7th Avenue and East Main Street. He stated that once the applications
have been
prepared for these projects, they will be the subject of reviews before
the City-County Planning
. Board, the City Commission and possibly the County Commission if County
monies are to be
contributed to the projects.
He reminded the Commission that the County has previously
committed funds to the South Third Avenue project.
Responding to Commissioner Stueck, the Coordinator stated that the order
in which
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the projects are undertaken may depend. in large part. on which projects
are ready to move
forward first.
It
was moved by Commissioner Youngman. seconded by Commissioner Stiff. that the
Commission authorize and direct staff to prepare applications for enhancement
monies for the
. top four priority projects. as identified above. The motion carried by the following Aye and No
vote: those voting Aye being Commissioner Youngman. Commissioner Stiff.
Commissioner
Stueck. Commissioner Frost and Mayor Vincent; those voting No. none.
Discussion - (a) draft letters to boards and commissions: (b) draft notice
soliciting DroDosals for
zone code amendments: (c) settina of deadline for input on zone code amendments:
and (d)
aDDointments of Commissioner Liaisons
Included
in the Commissioners' packets were copies of a draft letter to boards and
commissions. a draft notice soliciting proposals for zone code amendments.
and a memo
forwarding a list of the various boards and commissions. as prepared by
Clerk of the
Commission Sullivan.
Commissioner
Youngman forwarded revised wording forthe notice soliciting proposals
. for zone code amendments. suggesting that it should be a little friendlier and slightly different
from the more formal notices which are typically published. She also suggested
that. rather
than publishing all of the notices on Sundays. they should be spread throughout
the week to
possibly attract different people.
The Commissioners stated support for Commissioner
Youngman's proposal.
Following
discussion. the Commissioners set February 2 as the deadline for accepting
proposals for amendments to the zone code.
Commissioner
Youngman suggested that the letter to boards and commissions be
amended to reflect that the Commissioner Liaison will serve as a point
of contact to the
Commission and may attend some of their meetings.
. Following
a brief discussion, it was moved by Commissioner Stiff. seconded by
Commissioner Stueck. that the Commission defer appointment of Commissioner Liaisons to the
various boards and commissions until the January 8. 1996. Commission meeting.
when the
new Commission is seated.
The motion carried by the following Aye and No vote: those
voting
Aye being Commissioner
Stiff , Commissioner Stueck.
Commissioner Frost,
Commissioner Youngman and Mayor Vincent; those voting No. none.
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Discussion re investigation of records in Building Insoection Division
City Manager Wysocki noted that Commissioner Stiff had requested this item
be
placed on the agenda.
Commissioner Stiff stated that he has talked to staff about the allegations
that have
. been forwarded through the media. and everyone feels that the issue should be investigated
as quickly as possible. He noted that he is comfortable with having the
Bozeman Police
Department conduct the initial investigation. noting that. if necessary.
the matter could then
be turned over to the Montana Criminal Investigation Bureau.
He suggested that another
alternative might be to retain a retired FBI agent; however. he noted that
would involve a cost.
City Manager Wysocki distributed copies of a memo from Police Chief Larry
Conner.
dated November 20. in which he forwarded a proposal for conducting the
investigation.
Responding to Commissioner Frost. the City Manager stated that if it is
determined
that investigation by an outside party is necessary. the request must be
made by either the City
Attorney or the Police Department. He then assured the Commission that
they will be notified
if such additional investigation is needed.
. It was moved by Commissioner Stueck. seconded by Commissioner Frost. that
the
Commission authorize and direct the Police Chief. through the City Manager.
to begin its
investigation immediately. The motion carried by the following Aye and
No vote: those voting
Aye being Commissioner Stueck. Commissioner Frost. Commissioner Youngman.
Commissioner
Stiff and Mayor Vincent; those voting No. none.
Consent Items
City Manager Wysocki presented to the Commission the following Consent
Items.
Staff reoort - reauest for annexation of 10.0 acres known as the west 330
feet of the east 570.5 feet of the NE%. SW%. Section 1. T2S.
R5E. MPM (east of Gallatin County Rest Home. alona south side
of West Oak Street) (Brunton) (A-9503)
. Commission Resolution No. 3090 - intent to annex 10.0-acre Darcel known
as the west 330 feet of the east 570.5 feet of the NE%. SW%.
Section 1. T2S. R5E. MPM (east of Gallatin County Rest Home.
alona south side of West Oak Street): set oublic hearing for
December 18. 1995
COMMISSION RESOLUTION NO. 3090
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOlEMAN.
MONT ANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF
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BOZEMAN, THE INHABITANTS THEREOf AND THE INHABITANTS Of A
TRACT Of LAND CONTIGUOUS TO SAID CITY Of BOZEMAN, AND
HEREIN
MORE PARTICULARLY DESCRIBED,
TO EXTEND THE
BOUNDARIES Of SAID CITY Of BOZEMAN SO AS TO INCLUDE SAID
CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOf.
Staff reDort - reauest for annexation of two Darcels totallina 7.967 acres
located
in the S %. NW%. and the N %. SW%. Section 11. T2S..
. R5E.
MPM (Wheeler Mobile Home Park.. 2715 West Babcock
Street) (McGough) (A-9504)
Commission Resolution No. 3091 - intent to annex two Darcels totalling
7.967
acres located in the S%. NW%. and the N%. SW%.
Section
11. T2S. R5E. MPM (Wheeler Mobile Home Park. 2715
West
Babcock Street)
COMMISSION RESOLUTION NO. 3091
A RESOLUTION Of THE CITY COMMISSION Of THE CITY Of BOZEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION Of THE CITY Of
BOZEMAN, THE INHABITANTS THEREOf AND THE INHABITANTS Of
TRACTS Of LAND CONTIGUOUS TO SAID CITY Of BOZEMAN, AND
HEREIN
MORE PARTICULARLY DESCRIBED,
TO EXTEND THE
BOUNDARIES Of SAID CITY Of BOZEMAN SO AS TO INCLUDE SAID
CONTIGUOUS TRACTS WITHIN THE CORPORATE LIMITS THEREOf.
Commission No. 3092 - authorizinq issuance and fixina terms and
conditions
relatina to $3.480.000 Water System Revenue
Refundina
Bonds. Series 1995
.
COMMISSION RESOLUTION NO. 3092
A RESOLUTION Of THE CITY COMMISSION Of THE CITY Of BOZEMAN,
MONTANA, RELATING TO $3,480,000 WATER SYSTEM REVENUE
REfUNDING BONDS, SERIES 1995; AUTHORIZING THE ISSUANCE ND
fiXING THE TERMS AND CONDITIONS THEREOf.
Commission Resolution No. 3093 - intent to vacate alley Ivina adiacent
to
Lots
5 and 6. Block 14.. and Lots 19 and 20.. Block 14.. CaDitol Hill
Addition
(south end of north/south alley Iyina between east/west
allev
and West Harrison Street): set public hearing for December
18.
1995
COMMISSION RESOLUTION NO. 3093
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 NORTH/SOUTH ALLEY
RIGHT-Of-WAY LYING ADJACENT TO LOTS 5 AND 6, BLOCK 14, AND
LOTS 19 AND 20, BLOCK 14, CAPITOL HILL ADDITION IN THE CITY Of
. BOZEMAN, MONTANA.
Authorize City Manaaer to sian - AcceDtance of Utility Easement for 60-foot
by
25-foot Darcel at east end of Villard Street for Greenway
Subdivision
- Cecil M. Horan
Authorize City Manaaer to siqn - Change Order No. 1 for blower change-
out
at WWTP - Williams Plumbina and Heatina - add $4.994 and
o
calendar days
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14 -
Authorize City Manaaer to sign - SUDDlemental Aareement No. 4 to
Professional Services Aareement for engineering services for
North 19th Avenue interchanae - Morrison-Maierle. Inc. - add
$1708.520.00
Authorize Mayor to sign - Amendment No. 3 to Agreement for North 19th
Avenue interchanae - between City of Bozeman. Gallatin County
and State of Montana DeDartment of TransDortation - increase fee
. ceiling by $170.520.00
Acknowledae receiDt of Detition for de-annexation of 800 block of South
4th Avenue from MSU Residential Parkina District: set DubUc
hearina for December
18. 1995 and
authorize Clerk of
Commission to advertise for DubUc hearina
Authorize City Manaaer to sian - Annexation Aareement with Greg
Poncelet. Penny Young and Kay S. Mortensen - 3.30-acre Darcel
located in the SE%. Section 31. T1N. R6E. MPM. described as
Tract E-2. COS No. 1623. and Tract D. Film 5. Paae 1113 (north
side of Bridaer Drive at Birdie Drive)
Commission Resolution No. 3094 - annexina 3.30-acre Darcel located in the
SE%. Section 31. T1 N. R6E. MPM. described as Tract E-2. COS
No. 1623. and Tract D. Film 5. Paae 1113 (north side of Bridger
Drive at Birdie Drive)
COMMISSION RESOLUTION NO. 3094
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
. MONT ANA, EXTENDING THE BOUNDARIES OF SAID CITY OF BOZEMAN
SO AS TO INCLUDE WITHIN THE CORPORATE LIMITS OF THE CITY OF
BOZEMAN TRACTS OF LAND CONTIGUOUS TO SAID CITY AND
REFERRED TO AS THE BIRDIE DRIVE ANNEXATION (FORMERL Y REFERRED
TO AS THE PONCELET ANNEXATION REQUEST) AND HEREIN MORE
PARTlCULARL Y DESCRIBED.
Authorize City Manager to sign - Annexation Aareement with Sourdough
Creek ProDerties - 147.23-acre Darcel located in the NE%. Section
25. T2S. R5E. and the NW%. Section 30. T2S. RGE. MPM
(bounded by Goldenstein Lane on the south. South Third Avenue
on the west. Graf's Fourth Addition on the north and Gardner Park
Subdivision on the east)
Commission Resolution No. 3095 - annexina 147.23-acre Darcel located in
the NE%. Section 25. T2S. R5E. and the NW%. Section 30. T2S.
R6E. MPM (bounded by Goldenstein Lane on the south. South
Third Avenue on the west. Graf's Fourth Addition on the north
and Gardner Park Subdivision on the east)
COMMISSION RESOLUTION NO. 3095
. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, EXTENDING THE BOUNDARIES OF SAID CITY OF BOZEMAN
SO AS TO INCLUDE WITHIN THE CORPORATE LIMITS OF THE CITY OF
BOZEMAN TRACTS OF LAND CONTIGUOUS TO SAID CITY AND
REFERRED TO AS THE SUN DANCE SPRINGS ANNEXATION (FORMERLY
REFERRED TO AS THE HANNAH ANNEXATION REQUEST) AND HEREIN
MORE PARTICULARL Y DESCRIBED.
Award sale of bonds for $3.530.000 Water System Revenue Refundina
Bonds. Series 1995
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Concur
with staff's recommendation re street and tree assessments on AS-
zoned orooerties
Authorize
absence of Mavor Vincent from meeting of December 11. 1995.
in comoliance with Section 7-3-4322(2), M.C.A.
Buildina
Inspection Division reDort for October 1995
. Claims
It
was moved by Commissioner Frost, seconded by Commissioner Youngman, 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 Frost, Commissioner Youngman,
Commissioner
Stiff, Commissioner Stueck and Mayor Vincent; those voting No, none.
Discussion - FYI Items
City
Manager Wysocki presented to the Commission the following "For Your
Information" items.
(1
) Letter from Alice Tor, 1005 Durston Road, dated November 13, encouraging
e the Commission to not change the sign code and to continue enforcing it
and eliminating the
signs which do not comply.
(2)
Copy of a letter from the Montana Department of Transportation, dated
November 9, 1995, regarding a speed zone study on North 19th Avenue.
The
City Manager stated that staff has approached the MDOT about the possibility
of including speed studies and speed limits on Kagy Boulevard in the studies
of North 19th
Avenue.
(3)
Notice of the Chamber of Commerce Government Affairs Committee meeting
to be held at 7:30 a.m. on Tuesday, November 21, at the GranTree Inn.
(4)
Agenda for the Development Review Committee meeting to be held at 10:00
. a.m. on Tuesday, November 21, in the Commission Room.
(5)
Tentative agenda for the City-County Planning Board meeting to be held at
7:00 p.m. on Tuesday, November 21, in the Commission Room, which was included
in the
packet.
(6)
Revised agenda for the City-County Planning Board meeting to be held at
7:00 p.m. on Tuesday, November 21, in the Commission Room, which was distributed
today.
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(7) Agenda for the County Commission meeting to be held at 1 :30 p.m. on
Tuesday, November 21, at the Courthouse.
(8) The City Manager submitted his weekly report, as follows. (1) Noted that
the low bid for the Water Refunding Bonds carries an average interest of 4.577 percent, which
. is lower than the 5 percent projected. He noted that this will result in a present value savings
of $296,402, rather than the $260,000 which was projected. (2) Stated that this past week,
he met with the new City Judge. (3) Noted that he, Mayor
Vincent and Commissioner
Youngman attended the Interagency Breakfast last week.
(4) Announced that United Way
made presentations throughout the City work areas during the past two weeks. (5) Attended
the MMIA Board of Directors meeting on Friday. (6) Announced that a meeting with merchants
along West Main Street is tentatively scheduled for tomorrow, and he will try to get more
information on that meeting before the end of this Commission meeting.
He noted that the
merchants are frustrated about the length of time which the West Main Street reconstruction
has taken, and representatives from both the City and the State Department of Transportation
are invited to attend the meeting. (7) Announced that he will be out of town for the remainder
. of the week, and Assistant City Manager Brey will serve as Acting City Manager. (8) Noted
that the traffic signals at the intersections of West Main Street/West Babcock Street/South
23rd Avenue and North 19th Avenue/Durston Road are now operational.
(9) Noted that a
review of the punch list for the North 19th Avenue project was completed today. He stated
that one of the items is enhanced landscaping at the interchange.
(9) Commissioner
Stueck submitted the
following. (1 ) Reminded
the
Commission that he will be attending the National league of Cities Congress of Cities next
week. He circulated a copy of the brochure for the conference, inviting the Commissioners to
make any sessions in which they are interested. (2) Announced that Montana Power Company
has erected the lights at the West Babcock Park. He noted that the installation of pin-down
concrete curbs and putting top soil into the planters remain to be done.
. (10) Commissioner Frost submitted the following. (1) Stated that he received
a couple of telephone calls this past week regarding the sign code. (2) Stated that he walks
around the southern end of the University Square Subdivision, and he is concerned about the
number of planting$ in the public right-of-way and the parking of trailers and recreational
vehicles in the right-of-way as well. He suggested that the City send a reminder to everyone
11-20-95
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without sidewalks about the public right-of-way, encouraging them not to
encroach into it with
plantings or vehicles.
(11 ) Commissioner
Youngman submitted the following. (1) Attended a half
dozen committee meetings last week, including the Library Board of Trustees.
(2) Noted that
. she is re.ading Dan Kemmis' newest book. in which he talks about positive threads of the
community.
(12) Commissioner
Stiff submitted the following. (1) Stated that this past
weekend, he went to Billings and saw the Bozeman Hawks play in the State
championship
football and then went to Great Falls and saw the Lady Hawks win the State
girls' basketball
championship. (2) Stated that he has asked staff if there are any residency
requirements for
the City appointees to the City-County Health Board, since one of its appointees
has recently
moved into the county. He suggested that since some of the County appointees
reside within
city limits, it may be possible to switch appointments and keep the same
members on the
Board. (3) Attended a meeting on the MSU campus, where discussions included
promotion of
the University.
. (13) City
Attorney Luwe submitted the following. (1) Noted that he read about
the latest lawsuit, although he has not yet received service. (2) Announced
that the City has
received insurance reimbursements in the amounts of $8,393.31 and $39,868.00,
which
brings the total of insurance reimbursements to $390,000.00 for the Bozeman
Solvent Site.
(14) Clerk
of the Commission Sullivan submitted the following. (1) Reminded the
Commission that packets will be distributed on Wednesday because of the
Thanksgiving
holiday. (2) Reminded the Commission of the special meeting to be held
next Monday evening.
Recess - 4:21 p.m.
Mayor Vincent declared a recess at 4:21 p.m., to reconvene at 7:00 p.m.,
for the
purpose of conducting the scheduled public hearings.
.
Reconvene - 7:00 p.m.
Mayor Vincent reconvened the meeting at 7:00 p.m., for the purpose of conducting
the scheduled public hearings.
11-20-95
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Continued Dublic hearinq - COA with deviations from Section 18.18.050 of
the Bozeman
MuniciDal Code. to allow Dorch and living room additions to encroach 5
feet 6 inches into
reauired 25-foot front yard setback and allow Dorch to encroach 5 feet
into reauired 8-foot side
yard setback on Block 1. Tract 5.. Babcock and Davis Addition - Linda Bell
for Ann and Tom
Lockie for 505 North Church Avenue (Z-95131)
This was the time and place set for the continued public hearing on the
Certificate of
. Appropriateness with deviations from Section 18.18.050 of the Bozeman Municipal Code. as
requested by Linda Bell for Ann and Tom Lockie, under Application No. Z-95131,
to allow
porch and living room additions to encroach 5 feet 6 inches into the required
25-foot front yard
setback and to allow a porch to encroach 5 feet into the required 8-foot
side yard setback on
Block 1, Tract 5, Babcock and Davis Addition. The subject site is more
commonly located at
505 North Church Avenue.
Mayor Vincent reopened the continued public hearing.
It was moved by Commissioner Youngman, seconded by Commissioner Stiff,
that the
Commission continue the public hearing to January 8, 1996, as requested
by the applicant.
The motion carried by the following Aye and No vote: those voting Aye being
Commissioner
Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost and
Mayor Vincent;
. those voting No, none.
Public hearing - Zone MaD Amendment - -PU- to -SP- - Lowell SDringer for
MSU Foundation -
Dortion of Tract A-1-A-2. cas No. 1243C.. located in the NW%. Section 14.
T2S. R5E, MPM
(18.293-acre Darcel located immediately south of intersection of West College
Street and West
Main Street) (Z-95130)
This was the time and place set for the public hearing on the Zone Map
Amendment
from "PU", Public Lands and Institutions, to "BP", Business Park, as requested
by Lowell
Springer from the Mcjntana State University Foundation, under Application
No. Z-95130, on a
portion of Tract A-1-A-2, Certificate of Survey No. 1243C, located in the
northwest one-
quarter of Section 14, Township 2 South, Range 5 East, Montana Principal
Meridian. The
subject 18.293-acre parcel is located immediately south of the intersection
of West College
. Street and West Main Street, west of the Advanced Technology Park.
Mayor Vincent opened the public hearing.
Senior Planner Dave Skelton presented the staff report. He stated that
the subject
property is currently vacant, undeveloped land with no topographical features,
no significant
wildlife, no wetlands and no stream corridor, although Farmer's Canal does
bisect the site.
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The Senior Planner stated that this application is to bring the zoning into compliance
with the land use designation in the Master Plan, which is business park/industrial.
He
reviewed the surrounding zoning designations and land uses, which include commercial
development to the north, and developed and undeveloped public lands and business park to
. the south, west and east.
Senior Planner Skelton stated that staff has reviewed this application in light of the
twelve criteria set forth in the Montana Code Annotated, and the comprehensive findings are
contained in the written staff report. He briefly highlighted some of those findings, noting that
the requested rezoning is in compliance with the Master Plan. He stated that development of
the subject property under the proposed zoning will require substantial improvements to West
College Street, which is proposed as a four-lane roadway with bike lanes and boulevard in the
transportation plan. He also noted that West Garfield Street is to be extended further west
from South 19th Avenue to serve the subject property. He indicated that a number of waivers
have been identified, and those will be acquired during subdivision or development of the site.
The Senior Planner reminded the Commission that a previous application for the
. subject site was for rezoning to "B-2", Community Business, District. He stated that the "BP"
zoning proposed under this application will provide a high quality setting for the business or
commercial development which is allowed to occur on the property. He noted that the subject
parcel is located in the entryway overlay corridor and is, therefore, subject to the design
objective plans. He also noted that under the "BP" zoning, additional open
space and more
restrictive setbacks are required.
Senior Planner Skelton stated that the City-County Planning Board conducted its
public hearing on this application at its November 7 meeting. He stated that, following review
of the twelve criteria and consideration of public testimony, the Board concurred in staff's
recommendation for approval. He noted that during that hearing, Mr.
Frank Culver raised a
question about the transfer of property between the University system and the Foundation and
. asked that the decision on this application be deferred until the Attorney General has had an
opportunity to rule on that issue. The Senior Planner cautioned the Commission that it must
base its decision on the twelve criteria set forth in the Montana Code Annotated, and
ownership of the property is not one of those factors.
11-20-95
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Mr. Lowell Springer, architect representing the applicant, stated concurrence
with the
staff report. He encouraged the Commission to support the Planning Board's
recommendation
for approval.
Mr. Frank Culver, 3111 Blackwood Road, read into the record his statement
dated
. November 20, noting that in his letter of November 7 to the City-County Planning Board and
the City Commission, he asked the Commission to delay its decision on this
application until
after December 18. He stated that under this application, the Commission
is being asked to
rezone a part of the Montana State University campus so that it can be
used for commercial
development; and he does not believe that is appropriate for a State university
campus. He
stated it is extremely important to protect this valuable asset to the
community as well as to
all of Montana. He further stated that campus properties are to be held
in trust for the benefit
of Montana State University and its affiliates, including the MSU Foundation,
and allowing
commercial development is contradictory to that trust, particularly for
a land grant college. He
further noted that the Agricultural Experiment Station is a key component
to a land grant
college system. He noted that when this subject property was purchased
in 1955, it was to
. be used for the Agricultural Experiment Station, research and education.
He concluded by
encouraging the Commission to not approve this requested rezoning.
Senior Planner Skelton reminded the Commission that its decision must be
based on
the twelve criteria established by the Legislature, and one of the key
elements to be addressed
is whether the rezoning is in compliance with the Master Plan.
Since there were no Commissioner objections, Mayor Vincent closed the public
hearing.
There were no Commissioner objections to waiving the customary one-week
waiting
period for land use decisions, so the Commission proceeded to the motion
and vote.
It was moved by Commissioner Stiff, seconded by commissioner Stueck, that
the
. Commission approve the Zone Map Amendment from "PU", Public Lands and Institutions,
to
"BP", Business Park, as requested by Lowell Springer from the Montana State University
Foundation, under Application No. Z-95130, on a portion of Tract A-1-A-2,
Certificate of
Survey No. 1243C, located in the northwest one-quarter of Section 14, Township
2 South,
Range 5 East, Montana Principal Meridian, and authorize and direct staff
to bring back an
ordinance enacting the change. The motion carried by the following Aye
and No vote: those
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voting
Aye being Commissioner
Stiff , Commissioner Stueck,
Commissioner Frost,
Commissioner Youngman and Mayor Vincent; those voting No, none.
Continued Dublic hearings - Conditional Use Permit for Planned Unit DeveloDment
to develoD
147.2 acres with 141 single-family residential units and 6.18 acres with
neighborhood service
. uses: and Preliminary Plat to subdivide 72.85 acres into 67 lots for single-family residential.
6.18 acres into two neiahborhood service lots. and ODen soace - oortion
of tract located in
NE%. Section 25. T2S. R5E. and NW%. Section 30. T2S. R6E. MPM (northeast
corner of
intersection of South Third Avenue and Goldenstein lane) (Z-95125 and P-9539)
This
was the time and place set for the continued public hearings requested by Don
Hannah for Sourdough Creek Properties, on a 147.2-acre tract located in
the northeast one-
quarter of Section 25, Township 2 South, Range 5 East, and the northwest
one-quarter of
Section 30, Township 2 South Range 6 East, Montana Principal Meridian,
as follows: (1) a
Conditional Use Permit for Planned Unit Development, under Application
No. Z-95125, to 141
single-family residential units and 6.18 acres with neighborhood service
uses; and (2)
preliminary plat to subdivide 72.85 acres into 67 lots for single-family
residential development,
6.18 acres into two neighborhood service lots, and the remainder in common
space and open
. space. The subject property is more commonly located at the northeast corner of the
intersection of South Third Avenue and Goldenstein Lane.
Mayor
Vincent reopened the public hearings.
Assistant
Planning Director Debbie Arkell presented the staff report. She stated that
the applicant's attorney granted an extension to the 60-day review period
for preliminary plats
when he requested continuance of the public hearing.
She noted that two applications are
being considered at this time.
The first is for a conditional use permit for a planned unit
development to allow 141 single-family residential lots and 2 neighborhood
service lots on the
subject 147.2 acres. The second is a preliminary plat, with concentration
on the first of four
phases. She stated that under this subdivision request, the applicant is
proposing to develop
the interior streets at less than City street standards.
She noted that the application is in
. compliance with the Master Plan, which allows for a minimum of one dwelling
unit per acre.
She cautioned that if the Commission does not approve the zoning planned
unit development,
then the subdivision would not comply with regulations and, therefore,
should not be approved.
The
Assistant Planning Director stated that under the planned unit development
application, 71 acres, or 48 percent of the site, is to be designated as
open space, which is to
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be owned and maintained by the property owners' association. A series of trails through the
open spaces will provide pedestrian access through the subdivision. The primary vehicular
accesses are to be from South Third Avenue and Goldenstein Lane, with the future extension
of Graf Street to provide access to the north. The internal streets are to be 24-foot-wide paved
. roadways. developed to County standards and located in 70-loot-wide public rights-ol-way.
She noted that the typical right-ot-way is 60 feet wide, and the additional width is designed
to allow for sidewalks on both sides at some time in the future.
The Assistant Planning Director stated that the subject 147-acre parcel was annexed
into the city through adoption of Commission Resolution No. 3095 at this afternoon's session
of the Commission meeting. She noted that Graf's Fourth Subdivision, which is
an
undeveloped area containing 96 acres, was annexed in 1972, and is located immediately
northwest of the subject site. The properties to the south, east and west have been generally
developed in subdivisions with each lot containing % to 1 acre. She stated that McLeod Park
and Gardner Park are located adjacent to the subject property.
Nash Spring Creek flows
through the eastern portion of the site, Mathew Bird Creek flows through the center, and
. Sundance Springs Creek flows through the western portion of the property.
The Soil
Conservation Service has prepared an updated soil zone map of the property, and that map has
been submitted in the Commissioner's packets. She indicated that this map will be a part of
the City's critical lands study, which is currently being drafted. She provided an overview of
the information contained on that map, identifying those areas where hydric soils have been
identified.
Assistant Planning Director Arkell stated that the Development Review Committee and
the Design Review board have reviewed this application, and forwarded recommendations for
approval. She identified primary issues of concern and discussion, which include the proposed
sub-standard streets within the subdivision. She stated that staff
cannot support on-street
parking or bicycle traffic or guarantee the provision of emergency services on the proposed
. streets. The Director of Public Service and the Development Review Committee have also
expressed concern about allowing the construction ot county-standard roads inside city limits
and suggested, rather, that city-standard streets be required. She noted that the Director of
Public Service has suggested a collector street be provided through the subdivision, to ensure
that existing and future traffic flows are accommodated.
She stated that, to accommodate
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the flows for a collector street, the Director of Public Service has recommended that the 900
corners in Graf Street be changed to curves.
The Assistant Planning Director stated that high groundwater has been identified
on
the subject property, as it has been on surrounding properties that have been previously
. developed. She stated that mitigation measures have been proposed by the engineering
consultant which will address the groundwater issues and concerns. She stated that the City's
Project Engineer has reviewed those proposals and provided additional information to the
Planning staff. She characterized the groundwater in this area as being not much different from
many other areas of the city, except for the areas immediately adjacent to the creeks.
Assistant Planning Director Arkell stated that the planned unit development
is to be
served by City water and sewer services. The City Engineering Department has indicated that,
with the sewer mains bedded in gravel, the capacity of the treatment facilities should not be
reduced. To ensure that groundwater does not follow the sewer mains, one
of the
recommended conditions of approval is that cut-off walls be installed along both the water and
sewer mains.
. The Assistant Planning Director noted that concerns have been expressed
about the
potential of increased flooding downstream as a result of development on this subject property.
She recognized these concerns as valid; however, she assured the Commission that, through
Engineering and Building Inspection Division reviews, those issues can be mitigated.
Assistant Planning Director Debbie Arkell stated that the City-County Planning
Board
conducted its public hearing on this planned unit development application at the October 17
meeting. At that time, ten members of the pUblic spoke regarding groundwater, loss of open
space, buffering, traffic impacts, premature annexation, lack of city streets connecting to the
subject site, use of substandard streets within the subdivision, wildlife, basements and sewer
capacity. She stated that the applicant has indicated his agreement with the recommendations
contained in the staff report and the conditions for approval, except those pertaining to city
. street standards and realignment of Graf Street.
The Assistant Planning Director stated that, following the public hearing
and
consideration of the criteria for review of planned unit developments, taking into consideration
the staff's comprehensive findings, as contained in the written staff report, and public
testimony, the Planning Board voted to recommend denial of the project.
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Assistant Planning Director Arkell forwarded the staff report on the preliminary
plat,
noting that under this application, 67 single-family residential lots,
2 neighborhood service lots,
open space and public rights-of-way are to be platted. She noted that the
staff reviewed this
application in light of the criteria establish in the Montana Code Annotated
for review of
. subdivisions. and the comprehensive staff findings are contained in the written staff report.
which was previously distributed to the Commission. She stated the application
was also
reviewed in light of the 1990 Master Plan Update and the zoning ordinance.
She indicated
that, as already noted in the zoning planned unit development, there are
known areas of high
groundwater on the site. She noted that, if design and construction techniques
can be used
to overcome the problems, development may occur under the subdivision regulations.
The Assistant Planning Director stated that the Planning Board conducted
its public
hearing on this application at its October 17 meeting. Following that hearing
and review of the
criteria for considering preliminary plats, the Planning Board forwarded
its recommendation for
denial, citing the same reasons it had for its recommendation on the zoning
planned unit
development.
. Mr. Joe Sabol, attorney representing the applicant, noted that during the
annexation
process, and during the public hearings tonight, those opposed to development
of this subject
147-acre parcel will forward testimony on impacts to agriculture, local
services, the natural
environment, wildlife, and public health and safety. He reminded the Commission
that, with
adoption of a resolution this afternoon, the subject property is now located
within city limits,
and control of development of this private property is now to be determined
by the applicant
and the City Commission. He reminded the Commission that development of
this property will
occur, particularly since it has been located within the City's urban growth
area since 1972.
Mr. Sabol stated that Mr .Hannah approached him after receiving a "negative
and
devastating" staff report on his previous submittal, and he reviewed that
submittal in light of
. those negative comments. In light of those comments. a revised application has been prepared.
and is the subject of tonight's public hearing. He noted that this submittal
has been prepared
by a number of professionals, including two professional planners and three
registered
professional engineers. He noted that the application is designed to address
the following goals
and objectives: (1) eliminate or mitigate all of the staff's objections
in the earlier staff report;
(2) to the extent possible, address the concerns of the neighbors; (3)
develop the property in
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keeping with the long-term goals of the City as expressed in the Master
Plan; (4) preserve and
enhance the natural amenities on the property; and (5) assure compliance
with the zoning
regulations and Master Plan. He suggested that the plan being considered
by the Commission
in this public hearing meets all of those items while providing for an
economically viable quality
. development. He stated that, throughout the development of this application, he reminded
those preparing the plans to remember the admonitions which were voiced
during the
annexation hearing.
Mr.
Sabol stated that, during development of this plan, meetings with the neighbors
were initiated, and their comments and concerns were considered and incorporated
into this
plan wherever possible. He noted that the input received during dialogues
with Planning staff
was also taken into consideration.
Mr.
Joe Sabol reminded the Commission that the preliminary plat must be reviewed
in light of the six criteria established in the Montana Code Annotated.
He noted that the
impacts identified as a result of that review must be mitigated, and he
feels this application
does meet that requirement.
. Mr.
Dan Kamp, Taylor Architects, reviewed the planning process and the plan itself.
He stated that, under the design of the project, open spaces have been
dictated by the
attributes and physical constraints of the site, and the building lots
have been identified on the
remaining lands. He emphasized that under this application, no density
bonus is being sought.
He further noted that 48 percent of the site, or 70 + acres, is designated
as open space. He
noted that the wetlands are to be enhanced, with ponds being created and
natural vegetation
designed to create a more natural habitat. He noted that this subject site
contains less than
1 percent of the agricultural land in the area. While he recognized it
is not desirable to reduce
any of the existing agricultural land, he suggested that the benefits from
additional wildlife
habitat and wetlands enhancement will more than offset that loss.
. Mr. Kamp noted that on this property, 50-year and 100-year floodplains
have been
identified. He then indicated that the 100-year
and 500-year floodplains have also been
identified, and they have been included in the open spaces to the extent
possible.
Mr. Kamp recognized that groundwater is a concern. He noted that contour
maps
have been developed, based on the monitoring wells located on the subject
property. He
11-20-95
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indicated that the appropriate construction methods will be used in those
areas where high
groundwater has been identified as a problem.
Mr. Kamp stated that the irrigation ditch which runs along Goldenstein
lane will be
rehabilitated, which will facilitate drainage of the area. Also, the spring
will be left open and
. protected by open space, as will a substantial portion of the northeast corner of the site. He
indicated that extensive buffering is proposed along the edges of the property,
to screen the
development of this property from surrounding development and protect the
view from houses
located on this site.
Mr. Dan Kamp noted that this property has a long history of being "accessible"
to the
public. He cautioned, however, that it has remained in private ownership
through those years.
He indicated that, to retain some visibility through the site, two main
north/south corridors are
proposed, one along the eastern edge of the property and one which joins
Nash Creek and
Mcleod Park. A corridor is also proposed along the northwest boundary of
the property. He
indicated that trails will be contained in these corridors, providing a
looped trail system through
the development as well as access to Sourdough Trail, Mcleod Park and the
commercial lot at
. the intersection of South Third Avenue and Goldenstein lane.
Mr. Kamp stated that the open space will ensure preservation and protection
of
wetlands, serve as a buffer between this development and adjacent developments,
provide
view corridors, provide for circulation of both people and wildlife, enhance
the approaches to
the development and provide a recreational area for children. He indicated
that the enhanced
wetlands, vegetation and ponds will provide many benefits, both for humans
and wildlife. He
suggested that the neighborhood commercial area will also enhance the area,
stating he
envisions a "Kagy Korner" type of development and attendant benefits to
the area.
Mr. Kamp stated that Graf Street has been designed to provide access through
the
subdivision. He expressed concern that removing the 900 corners, as proposed
by staff, will
. serve as a major connection, encouraging additional traffic through the
subdivision. He noted
that the interior street design for this subdivision includes less than city standards, and he feels
that is important for a number of reasons. He noted that the narrower streets
will allow for a
more rural feel, and will blend better with surrounding development.
He further noted that
narrower streets will have less impact on the areas with high groundwater,
and they will
provide additional space for landscaping and sidewalks.
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Mr. Kamp stated that. through substantial architectural guidelines. development
of
the residential and neighborhood service areas should meet the visions of the developer. He
cautioned that. with the costs of extending City infrastructure to the subject property. a lower
density development is not economically feasible. He
concluded by encouraging the
. Commissioners to consider the benefits that could result from approval of this application.
Ms. Tracy Cook. Wetlands Specialist. read her testimony into the record.
noting that
it addresses wetlands. wetland deterioration and effects on the natural environment and
wildlife. She noted that Montana's state statutes ensure that impacts on wetlands
are
minimized and that they are enhanced whenever possible.
She noted that in May 1994.
Schafer and Associates prepared a comprehensive jurisdictional wetlands report. She stated
that the subdivision design. as submitted. takes reasonable measures to ensure that impacts
on wetlands are minimized and. in fact. they are enhanced with some new wetland areas to
be created. She stated that. after review of the proposed application. it has been determined
it meets or exceeds the 404 requirements. She indicated
that the effect on the natural
environment is considered minimal. She also noted that the applicant
is working with the
. Department of Fish. Wildlife and Parks to ensure that impacts on wildlife habitat are minimized.
Mr. Jim Cummings. Thomas. Dean and Hoskins. consulting engineers. provided
background information on traffic impacts resulting from this proposed development. He noted
that a review of the 1993 Transportation Plan Update revealed that the traffic impacts
associated with this subdivision are essentially covered in that plan.
He stated that when
Peccia and Associates modeled development to the south. both residential and commercial
development were anticipated. He stated that the 141 residential lots under this proposal are
projected to generate 9.5 trips per day. and the commercial development will generate another
700 trips per day. He stated that two accesses are to be from Goldentstein Lane. one is to be
from South Third Avenue and one is to be from Graf Street when it is extended from its current
terminus to the subject property. He reviewed the projected traffic volumes for each of those
. accesses. noting that the total projected trips from this development are 2440 trips per day.
He indicated that. when reviewing the traffic projections for South Third Avenue in the year
2010. the figures are almost identical.
Mr. Cummings stated that collector streets in the immediate area include
Sourdough
Road. Goldenstein Lane and South Third Avenue. while arterials include South 19th Avenue and
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Kagy Boulevard. He reviewed the levels of service on those roadways, stating
that three of
them are level" A", with the other three being level"B" or level"D". He
noted that the level
"D" roadways already need to be addressed because the service levels are
below standards.
Mr. Cummings stated he has been involved with engineering activities for
the subject
. property since 1971, and helped to develop the master plan for Sourdough Creek Properties
in 1975, which was approved by the City at that time. He noted that the
portion of the site
under discussion at this time was designated for development under that
master plan, and the
plan at that time proposed only half the amount of open space that is contained
in this
proposal. He concluded by encouraging approval of this application.
Mr. Jack Schunke, Morrison-Maierle, consulting engineers, addressed the
issues of
soils, groundwater, construction techniques, local services, natural environment,
and public
health and safety.
He stated that a significant amount of information about the soils and
groundwater on the subject site have been gathered over the years. He noted
that information
has been carefully reviewed, and additional test holes have been drilled
throughout the site
where it was felt additional information may be beneficial. He stated that
he is familiar with
. the soils in the general area, since he has worked on the designs for many of the roads. He
noted that the soils are typically loam on the surface with granular materials
below. He
cautioned that the information provided by the Soil Conservation Service
tends to reflect a
general summary of the soils in a given area, rather than identifying the
soils in a specific
location on the site. He
characterized the soils on this particular property as being typical in
the Gallatin Valley, rather than being unique to this parcel. He noted
that the Figgins Addition
and the Morning Star Elementary School are constructed on similar soils.
Mr. Schunke noted that there have been test wells on the subject property
since
1975, and they have been monitored on a regular basis. He stated that the
groundwater on
many portions of the site are in excess of six feet. He noted that many
of those areas where
. the groundwater is closer to the surface have been incorporated into the
open space areas.
He recognized there may be some lots where groundwater is a factor, and those lots will be
appropriately identified. He assured the Commission that, with proper construction
practices,
the roads can be constructed so they have minimal impacts on the area,
and homes can be
constructed on the lots as designed.
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Mr. Schunke indicated that water and sewer services can be easily extended to the
subject property. He stated that the water line will be looped, and fire hydrants will be installed
along streets throughout the development. He stated that since low
pressure has been
identified in this area, a booster pump system is proposed on the site, at the developer's
. expense. The sewer system is to be designed in compliance with City standards. He
suggested that, since the bottlenecks identified by the Engineering staff are based on computer
models, a visual inspection of the lines should be conducted to determine if those bottlenecks
actually do exist. He indicated that the developer is willing to provide adequate capacity in the
sewer lines if that is determined necessary.
Mr. Jack Schunke stated that county-standard streets have been proposed for the
internal streets in this subdivision for several reasons. He noted that, from a design standpoint,
a narrower street would have less negative impacts on the sensitive soils in the area.
He
further suggested that a narrower street could be constructed so it would require less
maintenance in the future, at a reasonable cost to the developer. He recognized that a street
meeting City standards could be constructed; however, he cautioned that it would have a
. shorter life. He indicated that under the proposed street design, storm
water will be
accommodated in swales along the roadways that drain into strategically placed detention and
retention ponds.
Mr. Joe Sabol concluded the applicant's presentation, reminding the Commission that
the City's Engineering staff, Planning staff, Development Review Committee and Design Review
Board have indicated support for the project. He suggested that
the Planning Board's
recommendation for denial was based on an interest in seeing the land remain as open space.
He reminded the Commission that under this application, 48 percent of the property will remain
in open space. while allowing for an economically viable, quality development on the remainder
of the site. He encouraged Commission approval of the application.
. Break - 8:47 to 8:55 D.m.
Mayor Vincent declared a break from 8:47 p.m. to 8:55 p.m.. in compliance with
Commission policy established at their meeting of March 14, 1983.
11-20-95
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Continued Dublic hearings (continued) - Conditional Use Permit for Planned
Unit Development
to develoD 147.2 acres with 141
single-familY residential units and 6.18 acres with
neighborhood service uses: and Preliminarv Plat to subdivide 72.85 acres
to 67 lots for sinqle-
family residential. 6.18 acres into two neiqhborhood service lots. and
ODen SDace - Dortion of
tract located in NE%. Section 25. T2S. R5E. and NW%. Section 30. T2S. R6E.
MPM (northeast
corner of intersection of South Third Avenue and Goldenstein Lane) (Z-95125
and P-9539)
Mayor Vincent asked for testimony from those speaking in favor of the application.
. Mr. Don Weaver, 2404 Spring Creek Drive, stated he has followed the review
process
for this project closely because of his interest in the public trail network
and open space
preservation. He
also noted his interest in the quality of residential development south of
Westridge, partly because of his involvement with the development of that
subdivision as well
as the surrounding area. He characterized this as an opportunity to annex
150 acres of prime
residential land, which has now been accomplished.
He noted that this proposed project
provides for quarter- to half-acre lots, at a density which does not exceed
one unit per acre,
and that allows for a significant amount of open space that protects the
sensitive areas, creeks
and wetlands. He
also indicated support for the street layout, as contained in the plan, and
encouraged the Commission to not require that Graf Street be straightened
out. He noted that
the applicant has attempted to work with the City and prepare an application
that meets the
. concerns which have been raised. He noted that this area has been master planned for
residential development for over twenty years, and encouraged Commission
approval.
Mr. Gene Graf, 3025 Langohr, stated he owns the property immediately to
the north
of this subject property, and he has agreed to provide an access to the
north, which will be
established upon approval of the application. He noted that he farmed the
subject property for
over twenty years, except for a small pasture on the east side. He forwarded
his support for
this development because it will be served by City water and sewer, which
is preferable to
being served by wells and septic tanks.
He also noted that, through development of this
property as a city project, the tax base for the community will be expanded.
He concluded by
encouraging Commission approval of this application.
. Mr. Carter Williams indicated he served as President of Sourdough Creek
Properties
for over twenty-five years, noting that the master plan for development of its 500 acres
included the 147 acres under consideration in this application. He noted
that, over the years,
18 subdivisions have been developed on portions of the 500 acres, including
Westfield
Subdivision and Westfield South most recently. He noted that this 147-acre
parcel is the last
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of the 500 acres to be developed; and all of the property developed in
the county is in one-acre
tracts while the property developed in the city is at appropriate densities
for that type of
development.
He forwarded his position that Sourdough Creek Properties has always been
treated fairly when it has forwarded development proposals. As a result,
Sourdough Creek
. Properties voluntarily participated in the paving of Goldenstein lane and. subsequently. a
portion of Sourdough Road.
Mr. Williams noted that, when he was considering development of this property
as
a County development, on one-acre lots with wells and septic systems, he
began a well
monitoring program, that included 27 wells; and these wells have been monitored
for over
twenty years. He noted that Mr. Ed Juvan, an authority on groundwater,
did a comprehensive
analysis, determining which areas of the site could be appropriately developed.
He noted that,
as a result of discussions with the Planning Board and Planning staff members,
the general
consensus appeared to be that annexation would be most appropriate for
the subject property.
Mr. Williams stated that when Mr. Hannah acquired the option to purchase
the subject
147 acres, he encouraged him to prepare an application for a quality development
that is
. compatible with the surrounding area. He characterized this application as a good one, and
appropriate for the area, and encouraged Commission approval.
Mr. Dick McConnen, 2007 Spring Creek Drive, stated that, as a member of
the Rotary
Club committee working on trails, he walked this area from Mcleod Park
to Sourdough Trail
and, once this plan for development was prepared, he carefully reviewed
how it would fit into
the trail system for the area. He encouraged Commission approval of the
application, noting
that it provides an opportunity to create a trail network within the city.
He noted that obtaining
right-of-way across private property for a trail system is often difficult,
and the proposed trails
through this site will provide for loops and connections which would be
extremely beneficial.
Mr. Ted Hodgson, professor at MSU, characterized himself as a prospective
buyer of
. a single-family dwelling in this subdivision. He stated that he relocated
here for his children and
the recreational opportunities. He noted that on a new professor's salary, he cannot afford a
$250,000 to $300,000 home; in fact, he is finding it difficult to live
in Bozeman. He
concluded by urging approval of this application.
Mr. Clair Daines, 41 Hitching Post Road, stated he has been involved in
development
of another portion of the property previously owned by Sourdough Creek
Properties. He noted
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that Mr. Williams purchased the 500 acres over twenty-five years ago for
the purpose of
developing an area in close proximity to the city.
Now, those who live in subdivisions
constructed on a portion of that property are opposing development of this
remaining 147-acre
parcel. He reminded the Commission that those subdivisions were constructed
on the same
. floodplain and in the same pristine wilderness which serve as the basis for opposition. He
noted that Westridge Meadows, University Subdivision, and even City Hall
are constructed on
property with similar characteristics to the property under consideration.
He encouraged the
Commission to approve this subdivision, noting that growth can be managed
but it cannot be
stopped. He stated that development within city limits is preferable to
driving development
outside the city limits.
Ms. Sally Hickey, sales associate with ERA Realty, reviewed the current inventory of
lots on the market.
She noted that, while some people prefer to live on one-acre lots with
septic systems, others prefer smaller lots. She noted that Sundance Springs
provides larger
lots than may be found in other portions of the community, with city services
and the aesthetic
appeal of open space, and with easy access to MSU and downtown Bozeman.
She concluded
. by encouraging Commission approval of this application.
Mr. Dan Woodruff, resident of Bozeman, noted that he was raised here, and recently
returned after spending his working career away.
He noted that he served on a county
planning board in Wisconsin, and he would have welcomed an opportunity
to review this type
of application.
He stated that Bozeman has grown in a beautiful way, noting that this
subdivision will allow for that type of continued growth while providing
the trails and open
space which have been identified as important to the community. He noted
that the need for
affordable housing in Bozeman is real, and he feels that this subdivision
as proposed could help
to address that problem. He encouraged approval of the application.
Mr. John Kauffman, attorney representing Citizens to Save Open Space, opened the
. opponents' presentation. He stated that this group of citizens promotes
quality development
in Bozeman. In this instance, they oppose the proposed development for a number of reasons,
including the hydrogeological conditions on the site, impacts on police
and fire services,
impacts on streets, impacts on the open space and wildlife habitat, and
changes in the
character of the neighborhood.
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- 33 -
Mr. Kauffman noted that Section 18.54 of the Bozeman Municipal Code sets
forth
the objectives and criteria for review of planned unit developments.
He indicated that
individuals from the Citizens to Save Open Space will address some of those
criteria during this
presentation. He also noted that the criteria contained in the Subdivision
and Platting Act must
. be considered and addressed.
Mr. Kauffman noted that everyone recognizes the subject property is unique
and
sensitive, particularly with its three stream corridors, wetlands and high
water table, and since
it serves as home to more than 100 species of mammals, amphibians and birds.
He noted that
it borders the city on one side for only 1200 feet, and there are no city
streets serving the
subject parcel.
Mr. Kauffman suggested that the data gathered from the test wells is incomplete.
He noted that everyone recognizes the groundwater is close to the surface;
however, the
particulars are not known. He stated that the locations of the test wells
are not the same on
the information submitted by the applicant and the information contained
on the USGIS maps,
with discrepancies as great as 200 to 300 feet.
He cautioned that using gravel around
. foundations and under roads will only serve to increase the volume of water and speed with
which it moves downstream.
Mr. Kauffman suggested that, under the current" R-S" zoning on this property,
there
are three development options available.
Under the first option, 7 to 8 homes would be
allowed; under the second option, with a density bonus, it may be possible
to construct 47
homes; or, under the third option, the planned unit development process
may be followed. He
stated that 141 homes do not belong on property that is traversed by three
streams, along with
jurisdictional wetlands.
He stated that development of this property, as proposed, will
dramatically change the neighborhood, destroy open space and streams, while
placing dramatic
impacts on fire and police services and on the roadways to and from the
subject property. He
. concluded,by encouraging the Commission to accept the recommendation forwarded
by the
City-County Planning Board to deny this application.
Mr. Garth Voigt, 3318 Sundance Drive, stated he lives just outside city
limits. He
addressed the issue of groundwater, characterizing it as the most stringent
limiting factor in
considering this application.
He noted that this is part of a corridor which runs from the
Gallatin Mountains, to Bozeman Creek, under Main Street and on downstream.
He forwarded
11-20-95
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34-
his contention that this proposal cannot be considered in isolation, but that its adverse
influences downstream must also be considered. He cautioned that changing the type of soil
through which the groundwater travels, particularly if it is changed from clay to gravel, will
dramatically impact the water movement. He cautioned that the groundwater in this area is
. moving, and it moves more rapidly in fine deposits and more slowly through clay.
Mr. Voigt noted that the soils on this subject property have been characterized as not
being extraordinary in the Bozeman area. He noted, however, that
many of the monitoring
wells on the subject property show a groundwater level of less than four feet. He cautioned
that the groundwater will flow along the path of least resistance, which is typically where
gravel is available.
Mr. Van Haderlie, 3502 Good Medicine Way, reviewed the soil conditions and
characteristics and the wetlands on the subject property.
He stated that data from the
monitoring wells reveal that only one well has a water table lower than six feet; all the others
have at least one month of the year when the water table is less than four feet below the
surface, with some of those registering near or at the surface.
He suggested that those
. conditions could create a significant challenge to the construction of homes on the property.
Mr. Haderlie noted that in Spring Meadows Subdivision, a manhole has sunk to 12
inches below street level, citing that as an example of how high groundwater can negatively
impact roadways and driveways. He stated that even the substandard streets
which are
proposed could incur problems, particularly since he does not believe they can be adequately
elevated to avoid the problems of high groundwater.
Mr. Haderlie stated there are at least three perennial streams running within the
proposed subdivision boundaries. He also cautioned that moving or enlarging a pond does not
create a wetland. He concluded by encouraging the Commission to follow the Planning Board's
recommendation and deny this application.
Mr. Terry Lonner, 3602 Good Medicine Way, stated he is a wildlife biologist and a
. resident of Bozeman for the last thirty years. He stated that the Citizens to Save Open Space,
of which he is Chair, are concerned about current and future development prospects in the
Bozeman area, as well as the aesthetics, beauty and health of the community. He stressed the
importance of protecting quality open spaces, such as the Sundance Springs area, stating that
the preservation of open space is vital to ensure the health, safety and welfare of the Bozeman
11-20-95
_ ----.-....-----
- 35 -
community. He suggested that, in the future, the residents of the community may support a
general obligation bond issue to protect its open spaces. He expressed concern, however, that
by the time that occurs, there is a potential that this area will no longer be available as a quality
open space if this application is approved.
. Mr. Lonner noted there are many references in the 1990 Bozeman Area Master Plan
Update to open space in the community. He quoted some of those references, noting that the
drainages in the Bozeman area are of great value for visual open space and recreation corridors.
He noted that with the three perennial streams across this property, it is of prime importance
as an open space. He then cited from the 1992 Parks, Open Space and Trails
Plan, which
identifies those areas where open space is desirable, noting that they include ridgelines,
agricultural areas and riparian areas. He suggested that, with the physical constraints of the
subject parcel, development opportunities are limited.
Mr. Lonner expressed concern that the proposed Sundance Springs development, if
developed to its fullest, will eliminate one of the highest quality open space areas that currently
exists. It will also result in a loss of wildlife habitat, thus reducing the diversity of wildlife in
. the area. He noted that this open space, which is essentially surrounded by the city, is the
home of many species on a year round basis and is the home to many others on a seasonal
basis.
Mr. Lonner stated that this proposal will also remove 147 acres currently in
agricultural use. He noted that under the master plan, agricultural lands are to be protected.
He also expressed concern that, under the proposed development plan, development is not
really clustered. He stated that the developer refers to 48 percent open space; however, most
of that area is too wet to develop. He further noted that, at the present time, 100 percent of
the property is in open space.
Mr. Lonner concluded by reminding the Commission that the Sundance Springs are
in the heart of the area identified as being desirable for future parkland and open space.
. Mr. Dennis Flath, 1110 South Spruce Drive, professional wildlife biologist, stated that
the human pressures for development reduce the natural habitat available to wildlife as well as
the natural landscape. He noted that riparian areas and wetlands are critical to the diversity
of wildlife that inhabit the subject property at the present time. He stated that at the present
time, there are 107 different species which inhabit the property, either on a full-time or
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- 36 -
migrational basis. He expressed concern that if the proposed development becomes a reality,
that number will drop to an estimated 63 species. He further cautioned
that, through
development, conflicts between people and wildlife will occur, with some of those conflicts
resulting from dogs and cats being allowed to roam.
. Mrs. Martha Lonner, 3602 Good Medicine Way, stated she has resided at that
address for the past thirty years. She addressed the planned unit development
criteria
pertaining to public services, noting that public health is a primary concern and a major
responsibility of the City Commission. She characterized police and fire as critical services,
noting that the Chiefs in both departments have expressed concern about the impacts that
development of this area would have on their services. She noted that
annexation of the
subject property, which occurred earlier today, results in an extension of a peninsula of the city.
Mrs. Lonner reviewed some of the comments which have been forwarded by both
departments during previous review processes on the subject property, regarding the estimated
response time and the need for a sprinkling of single-family residences. She noted that most
of the streets within the development are proposed at county standards. She further cautioned
. that no city streets will be providing access to the subject property; rather, it will be accessed
via county roads. She encouraged the Commissioners to carefully consider the impacts this
could have on a fire truck trying to access the site in an emergency. She stated that allowing
development to occur in this area could negatively impact the City's ISO rating because of the
response time. She noted that, given the growth in the community, the Fire Chief has indicated
that alternative methods of delivering services are being considered, and this development
would further compound the problems being encountered.
Mrs. Lonner stated that, as a member of the Sourdough Fire District, she is concerned
about the removal of this subject 147 acres from the fire district, and its financial impacts on
the base for support of that district. She noted that this concern would be compounded if the
Sourdough Volunteer Fire Department were asked to respond to emergencies in this
. development because the City crews were unable to access it in a timely manner.
Mrs. Lonner concluded her presentation by stating this application does not meet the
planned unit development criteria, and suggesting that its approval would place an undesirable
legal obligation on the City to provide for public health and safety.
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Ms. Patty Litle, 3416 Wagon Wheel Road, stated this proposal would "drastically
disrupt the character of the neighborhood". She forwarded her position that it does not comply
with many of the planned unit development criteria, nor does it comply with many of the goals
and objectives contained in the 1990 Bozeman Area Master Plan. She noted that this is the
. last portion of the Sourdough Creek Properties to be developed. suggesting that this may be
due to the high groundwater. She also noted that larger lots border this subject parcel. She
encouraged the Commissioners to consider the constraints which the wetlands and stream
corridors place on development, noting that there are wetlands at the end of Sundance Drive
and stream corridors and floodplains at the end of Good Medicine Way. She stated the subject
property has been in agricultural use for over twenty years, providing an attractive rural setting.
She listed the various species of wildlife that have been seen recently, expressing concern that
development will eliminate those opportunities.
Mrs. Litle expressed concern about the proposed density of the development,
stating
she feels adequate buffering should be required to ensure that it does not negatively impact
surrounding developments, which are constructed on significantly larger lots. She stated that
. sidewalks, parking lots, lighting, noise and the traffic that would result from this development
would not be in keeping with the rural character of the neighborhood.
Mrs. Litle reviewed some of the contents in a memo from Senior Planner
Dave
Skelton, dated October 19, 1994, in which he indicated the B-1 zoning does not fit the criteria
in the master plan for limited commercial development in a residential area.
She noted that
even the applicant, Mr. Hannah, has acknowledged the inappropriateness of a commercial
node.
Mrs. Litle encouraged the Commissioners to consider that speed is already
a problem
on county roads. Also, no bicycle paths and no sidewalks are proposed, and she is concerned
about the safety of children. She concluded by cautioning that the density of development
proposed will destroy the Sourdough Creek corridor, and encouraged the Commission to not
. approve this application.
Mr. Bob McKenzie, 17 Trails End, recognized that the applicant is interested
in
developing this subject parcel because of the significant investment he has made in the
property. He stated, however, the problem is that the applciant wishes to
construct a nice
development in the wrong place. He forwarded his position that the subject 147 acres should
11-20.95
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not be developed, but should be preserved as quality open space.
He encouraged the
Commissioners to consider the evidence which has been forwarded regarding
high groundwater
and wildlife habitat. He
cautioned that, with development of this property, the fox will no
longer play in the open space, and the ponds will no longer serve the Canada
geese as they
. migrate.
Mr. McKenzie recognized that development of the subject parcel will benefit Mr.
Hannah and those who buy lots; however, he encouraged the Commissioners
to consider other
issues, such as liability and exposure. He noted there is high groundwater
in the area; in fact,
many of the existing residences in that area have sump pumps in the basements.
He cautioned
that, along with inconvenience to residents, the City may incur a financial
liability if it allows
development to occur on the subject 147 acres. He encouraged the Commissioners
to deny
this application, and to take steps to protect this open space and the
community's citizenry.
Mr. Jim Bangs, representing Painted Ridge Estates, stated the subdivision is
surrounded by city limits on three sides. He noted that the Commissioners
and Planning Board
have previously indicated that the only acceptable plan for development
of this subject parcel
. must recognize and work with the land and its unique natural features, and he does not believe
this plan does. He indicated that an urban residential development will
not enhance the natural
features of the land or the area. He also stated that this proposal does
not meet many of the
criteria for planned unit developments.
He suggested that the property and its natural
constraints are not suitable for development, but would be better for other
uses. Infrastructure
to support development of the site i.s not currently in place; rather,
this peninsula of city would
be accessed by county roads. He noted that if this land is developed, it
will be lost as open
space to the community.
He concluded by encouraging the Commissioners to consider the
future of the community and not approve this application.
Mr. Ed Lewis, 37 Gardner Park Drive, expressed concern about this proposal, stating
it will severely adversely affect the neighborhood and the entire area.
He recognized that the
. Commission has chosen to annex the subject property, to ensure control
over development and
to make sure it is done right, and he appreciates the acceptance of this
stewardship
responsibility. He stated, however, that the proposal before the Commission
at this time does
not represent "doing it right", and encouraged the Commission to deny it.
He stated that the
additional traffic will negatively impact the existing road system, which
is already overloaded.
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Also, it will change the character of the neighborhood by changing an area from its current rural
nature. He noted that the open space provides recreational opportunities at the present time,
and wildlife is abundant. It also provides flood control
benefits that would be lost through
development.
. Mr. lewis noted that there is an ever increasing number of developments in the
Gallatin Valley. resulting in a loss of natural landscape, beauty and recreational opportunities.
He encouraged the Commissioners to protect this open space. which is easily accessed from
the city, noting that by so doing, it will protect important wildlife habitat and the special
qualities that make Bozeman unique and attract people from around the country.
Mr. Lewis stressed the importance of a reduced density of development in
this portion
of the community. along with protecting its unique and special characteristics such as wetlands
and riparian areas. He concluded by encouraging the Commission
to carefully consider the
criteria and reject the application.
Mr. Morris Jaffe, 1311 South Black Avenue, forwarded his opposition to
the proposed
development for many reasons, citing water as one of the primary reasons. He cited instances
. where a change in watering practices on an uphill parcel impacted an existing home downhill.
He expressed concern that, through the installation of water and sewer lines and foundations,
development of this parcel, which is approximately 5,000 feet in elevation, could negatively
impact his home, which is at 3,860 feet. He stated that in 1969. there was a heavy rain, and
the water mark on the walls in his basement show how high the water rose as a result.
Mr. Jaffe noted that the subject parcel is currently in open space. He
stated that the
applicant's proposal for development, with a little space here and a little space there, does not
provide for real open space. He stated that future generations will benefit more from leaving
this parcel as open space than they will through development. He concluded by encouraging
the Commission to not approve this application.
Mr. Denny Klewin, 3251 Wagon Wheel Road, stated that the traffic on South
Third
. Avenue is already heavy, with projections reflecting a significant increase over the next fifteen
years. He recognized that the roadway is to be reconstructed within the
next year or two;
however, he cautioned that such an upgrade will result in increased volumes and probably
greater speeds. He noted that the new middle school is scheduled to open next fall, which will
also compound traffic problems.
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Mr. Klewin noted there are no alternative routes for several of the existing
developments, such as Figgins Addition and Sourdough Creek Properties;
and the only
alternative route for residents of Westridge Subdivision is Kagy Boulevard.
He cautioned that
development of this subject property will further compound the problems,
because South Third
. Avenue will be its main access, with few alternatives for a secondary access. He forwarded
his position that development in this area should be curtailed until the
infrastructure is in place
to accommodate it. He encouraged the Commissioners to not approve this
application.
Mr. Dave Upton, 4931 South Third Avenue, and Captain for the Sourdough
Volunteer
Fire Department, stated the department is strongly committed to providing
the highest level of
service possible within the limited resources they have available. He cautioned
that annexation
of properties within the fire district further reduces their resources.
He then stated he cannot
personally support the proposed development, and encouraged the Commissioners
to consider
the effects that it would have on police and fire services as well as all
of the citizens of the
community.
Mrs. Carol Dietrich, 120 East Story Street, stated that she has just returned
to
. Bozeman after being in Boulder, Colorado, for six months. She stressed the importance of the
trails and open spaces in the community as well as the preservation of
wetland areas. She
stated that the quality of life in Bozeman is very unique, due in large
part to the natural
amenities. She encouraged the Commissioners to protect these areas, including
the subject
parcel, by not allowing them to be developed.
Mr. Brian leland, 528 North Bozeman Avenue, noted his support for many
of the
comments that have been made by others. He noted that cut-off walls are
to be installed along
the sewer lines to prevent groundwater from flowing through the bedding
materials along them.
He recognized that, with new technology, homes can be built in nearly any
type of location.
He cautioned, however, that a home built in a wetter area will have a much
shorter longevity
than one built on a lower water table.
He noted that realtors and developers are noticing a
. softening of the market, and there are already 10,000 subdivided lots in
the county. He
questioned how attractive these lots will be in the market place, given
the market trends.
Mr. lee Stroncek, 818 South Black Avenue, stated that aesthetics are extremely
important in his life, particularly since he is an artist.
He encouraged the Commissioners to
consider the entire community when making its decision on this application.
He recognized that
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a developer typically spends a significant amount on development of plans
prior to Commission
action, but asked that the Commissioners not be swayed by that when making
their decision.
He asked, instead, that the decision be based on what is best for the community
as a whole.
Responding to Mayor Vincent, City Attorney Luwe stated that, if the Commission
. wishes, it can leave the public hearing open for written comment to a time specific. He noted
this will allow for additional public input to consider prior to making
a decision.
Mr. Don Hannah stated that the depth of the water table will be carefully
considered
when the construction of any homes occurs, and care will be taken to ensure
that the homes
are constructed well above the water table. He noted that, because of that,
sump pumps will
not be needed. He stated that the level of the water table has been misrepresented
in public
testimony, noting that a gravel bed is located approximately four to six
feet below the surface.
He noted that the records from the monitoring wells, which cover approximately
twenty years,
reflect an extremely predictable and static water level in each location.
He noted that the Army
Corps of Engineers must be involved in the identification and protection
of the wetland areas,
and assured the Commission that he is willing to abide by their determinations.
. Mr. Hannah noted that under the Bozeman Urban Transportation Plan 1993
Update,
the collector status has been removed from Graf Street. He forwarded a
commitment to efforts
to mitigate traffic impacts from development of this parcel.
He then indicated that only 98
acres of the 147-acre parcel are currently being farmed, with the remainder
being in pasture.
He noted that the Department of Fish, Wildlife and Parks has indicated
the subject property is
not considered critical wildlife habitat. He also noted that the population
continues to grow,
and people need somewhere to live, and he feels that a clustered development
on this subject
parcel, located within city limits, can help to accommodate that need.
Mr. Jim Cummings addressed the issue of traffic impacts.
He recognized that the
South Third Avenue corridor will be impacted; however, he stated that the
Transportation Plan
takes development of this parcel into consideration in the projections
for future traffic volumes.
. He stressed that roads cannot be constructed without development, citing Kagy Boulevard and
Durston Road as examples of roads which started as gravel county roads
that have become
paved arterials over the years.
He recognized that, no matter where development occurs,
impacts to roadways must be addressed.
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Mr. Cummings stated that, through appropriate engineering practices, adequate
infrastructure improvements can be made to serve the subject property and the construction
of homes can be accommodated. He stated that, through the use of City water and sewer
services, the quality of water downstream can be protected and possibly even enhanced.
. Mr. Jack Schunke stated that, from an agricultural standpoint, the subject property
may be unique. He noted, however, that the soils in this area are very typical of the entire
community and, as a result, construction techniques would be essentially the same as those
used in other parts of the community and the valley. He stated that, by annexing the subject
property, City water services will be available for fire protection, and the public health and
safety can be assured.
Mr. Dan Kamp stated that he was on the City-County Planning Board when the 1990
Bozeman Area Master Plan Update was being done, and noted that they worked hard to save
open spaces and create trail systems in Bozeman. He stated that if this project is not
approved, there will be no trails through what is viewed as open space, even though it is
privately owned. He recognized that the City or some philanthropic organization could purchase
. the subject property for public open space. He encouraged the Commission, however, to
remember that the master plan provides a basis upon which to consider development proposals,
rather than "dreaming about things one wishes could be".
Since there were no Commissioner objections, Mayor Vincent closed the public
hearing.
In light of Commissioner comments, Mayor Vincent requested that the decision on
this application be placed on the afternoon session of the December 4 agenda.
Adjournment - 11 :50 D.m.
There being no further business to come before the Commission at this time, it was
moved by Commissioner Stueck, seconded by Commissioner Frost, that the meeting be
. adjourned. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Stueck, Commissioner Frost, Commissioner Youngman, Commissioner Stiff and
Mayor Vincent; those voting No, none.
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J
ATTEST:
· LtJ-: J ~-
ROBIN L. SULLIVAN
Clerk of the Commission
.
.
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