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HomeMy WebLinkAbout1984-01-03 lt89 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA January 3, 1984 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, I Municipal Building, January 3, 1984, at 4:00 p.m. Present were Mayor Weaver, Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, Interim City Manager Swan, Assistant City Manager Barrick, City Attorney Crumbaker-Smith and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a prayer by Commissioner Math re . The minutes of the regular meetings of December 19 and 27, 1983, were approved as corrected. Action on the minutes of the regular meetings of October 3, 17 and 31, 1983; November 14, 1983; December 5, 1983; and the special meetings of November 26, 1983; and December 23, 1983; was deferred until a later date. Application for renewal of Beer and Wine License - LaCocina - Calendar Year 1984 Interim City Manager Swan presented to the Commission an application, along with the required fee, on behalf of the LaCocina Restaurant, for renewal of their Beer and Wine License for the Calendar Year 1984. I nterim City Manager Swan noted this is the last request for re- newal of Beer and Wine Licenses for Calendar Year 1984 and recommended that the Commission approve renewal of this appl ication. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission approve the application for renewal of the Beer and Wine License for LaCocina Restaurant for the Calendar Year 1984. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, I Commissioner Jordan and Mayor Weaver; those voting No, none. Discussion - process for goal setting Interim City Manager Swan stated that Commissioner Mathre had requested this item be placed on the agenda. Commissioner Mathre stated the Commission has discussed the necessity of establishing a process for goal setting for quite some time. She stated she has talked to one of the Com- missioners in Great Falls and has received information on the process utilized in establishing their goals. She noted the process is scheduled for completion in February. The Commissioner briefly outlined the process used, which includes public input. She noted three questions have been asked of the public: (1) What is the City doing that you like and want to see continued? (2) What is the City doing that you would like to see changed or improved? and (3) What would you like to see the City develop or promote? She stated these questions were submitted to representatives of interested groups at a public meeting; and the answers to those questions were submitted at another public meeting. The answers were then tabulated, and some of the suggestions were placed in one of three groups while others were eliminated through a consensus of the Commission. She noted a facilitator was engaged to help in the process. Commissioner Vant Hull suggested that printed forms containing the questions be distri- buted at various public buildings to increase the dissemination of information. She also noted some people are hesitant to suggest items verbally at a meeting, but would be willing to submit those ideas in writing. I Commissioner Anderson distributed information to the Commission concerning goal setting processes used in other cities. She noted one city has a quarterly report from the City Manager on how the goals have been implemented to date. She also noted another city has established 20-year, 5-year, 2-year and immediate goals. Mayor Weaver stated he feels the new City Manager will complete a similar goal setting process. He asked if the goal setting process should be conducted separately or in a combined effort; and if the goals are set separately, how will those goals will be tied together. He then ~ 01-03-84 . L 9' i t u asked if the Commission may wish to set a retreat to discuss the procedure. Commissioner Mathre stated the community must be involved in the process. Also, the City Manager must be involved. She suggested that the Commission begin the process now so that when Mr. Wysocki arrives, the Commission will have begun to gather information. Mayor Weaver stated the Commission must adopt a timetable of events in the goal setting process. He suggested that Commissioner Mathre prepare a proposed timetable and submit it I for review. Commissioner Jordan noted this might be the time to try implementing neighborhood groups in Bozeman. He stated if it does not work, the attempt has been made. Commissioner Mathre requested that the Commissioners submit a list of the groups they wish to have approached on the goal setting process at next week's meeting so she can include that information in the calendar of events. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the consensus of the Commission is that it should develop a process for goal setting and delegates to Commissioner Mathre the responsibility for establishing a calendar of events, with a report to be submitted in two weeks. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No, none. Discussion - FY I items Interim City Manager Swan stated this item has been requested as a weekly item on the agenda. Mayor Weaver stated the procedure for the discussion of "for your information" items must be establ ished. He noted the Commissioners must avoid substantive discussion or action on any of the items raised under this item. Following a brief discussion, the Commissioners concurred that this item should be the last regular agenda item before the Consent Items on each week's agenda. I (1) Proposed relocation of City Court. Commissioner Anderson asked how many jury trials actually occur in a given year and the average time a jury is in deliberation. She also asked if sufficient action was taken on pursuing the possibility of relocating the City Court in the Law and Justice Center. Mayor Weaver suggested this item be placed on next week's agenda for discussion, and that one of the attorneys who served on the Judicial Coordinating Committee be requested to attend the meeting to answer any questions. (2) Legislation on lOR bonds. Commissioner Anderson noted the Commissioners have received copies of a newspaper article on federal legislation regarding Industrial Development Revenue bonds. She asked how this will affect pending lOR bond issues. City Attorney Crumbaker-Smith noted this item was addressed during the public hearing on the Hospital's request for lOR bonds. She stated the Hospital's request will not be affected due to the organization's tax-exempt status. She stated, however, potential IDR bond issues for items like a convention center could be affected by the legislation. Mayor Weaver requested that one of the Commissioners provide the City Attorney a copy of the newspaper article in order that she may research the matter as appropriate. (3) Input on hiring of new Planning Director. Commissioner Vant Hull noted the County Commission has submitted a letter to the City- County Planning Board concerning hiring of a new Planning Director. She asked if the Commission should also respond, or if the Commissioners should individually submit input to the Planning I Board. The Commission requested that this item be placed on next week's agenda for discussion. (4) Railroad tax challenge. Commissioner Anderson noted the Commissioners have received copies of a newspaper article concerning a railroad tax challenge 'and asked how this will affect Bozeman's revenue. Interim City Manager Swan stated this item was discussed at a Revenue Oversight Committee meeting in December. She stated the railroad taxes are distributed to the counties, 01-03-84 Lj- 91 and then on to the local governments. She noted no figures are available at this time. Mayor Weaver requested that the staff prepare an analysis of the impact on the City and bring it back next week. (5) Letters of appreciation to various boards and commissions. Commissioner Vant Hull suggested that letters of appreciation be written to the various boards and commissions. I Mayor Weaver indicated he will prepare draft letters for review at next week's meeting. (6) Meeting place for boards and commissions. Commissioner Vant Hull stated she has submitted a memo to the Commissioners concerning this item. She stated the Planning Board and Zoning Commission have indicated dissatisfaction with the current location for their meetings. Mayor Weaver requested that this item be placed on the January 16, 1984 agenda for discussion. Temporary appointment of Zoning Commission members Mayor Weaver stated Interim Planning Director Mike Money has expressed concern about the expired terms of two of the Zoning Commission members. He stated the City Attorney has indicated the Mayor has the authority to temporarily appoint members to boards and commissions. He has written a letter to the Zoning Commission indicating temporary re-appointment of Ted Metzger and Jeff Rupp to the Zoning Commission, to expire upon Commission action on appoint- ments. Reception for incoming City Manager Wysocki Commissioner Anderson stated the possibility of holding a public reception for incoming City Manager Wysocki has been previously discussed. She stated a willingness to organize a reception and suggested that it be held on Thursday, February 23, 1984 from 5: 00 to 7: 30 or I 8:00 p.m. at a central location. Following a brief discussion, the Commissioners concurred that the Commission should host a reception and authorized Commissioner Anderson to proceed with organizing the function. Recess - 4:55 p.m. Mayor Weaver declared a recess at 4:55 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled public hearings. Reconvene at 7:00 p.m. Mayor Weaver reconvened the meeting at 7: 00 p. m. for the purpose of conducting the scheduled public hearings. Public hearing - Amendment to Section 11 of the Bozeman City-County Subdivision Regulations and Appendix A - review of claimed exemptions to the subdivision laws This was the time and place set for the public hearing on the Amendment to Section 11 of the Bozeman City-County Subdivision Regulations and Appendix A, to provide for review of the exemptions claimed for land divisions that are otherwise exempt from local review. Mayor Weaver opened the public hearing. Senior Planner Lere presented the staff report. He stated Attorney General Mike Greeley has issued an opinion that allows and requires local governing bodies to review the exemptions to Certificates of Survey. He noted this Amendment generally applies to occasional sales and I gifts to family members. He indicated the proposed fee schedule has been eliminated. The Senior Planner stated the Gallatin County Commission has adopted regulations similar to those proposed in this Amendment. He then stated the City-County Planning Board recommended approval of the Amendment. No one was present to speak in support of or in opposition to the granting of the pro- posed Amendment. Mayor Weaver closed the public hearing. A decision will be forthcoming in one week. 01-03-84 L 9 ') t ...... Public hearing - Amendment to Section 15.5 of the Bozeman City-County Subdivision Regulations - subdivision review fees This was the time and place set for the public hearing on the Amendment to Section 15.5 of the Bozeman City-County Subdivision Regulations, to provide for revision of the subdivision review fees. Mayor Weaver opened the public hearing. I Senior Planner Lere presented the staff report. He stated the proposed revisions to the subdivision fee schedule will increase the fees to cover approximately one-third of the cost of review of subdivision and master plan information. He stated the current fees cover approxi- mately 27 percent of those costs. The Senior Planner then reviewed the fees to be changed. He stated the City-County Planning Board recommended approval of the Amendment. Commissioner Anderson asked what funding is used to cover the remaining costs involved in the subdivision reviews. The Senior Planner stated that revenues from other sources are used to cover the costs. Commissioner Anderson then asked how the proposed fees compare with those charged in other cities around the State. Senior Planner Lere stated the Planning Staff did review the fees charged in other cities. He noted those in which fees are higher are high-growth cities. He then stated the Planning Board does not feel the fees should be based on what other cities charge, but should be based on the manhours and costs involved in this office. Commissioner Vant Hull asked if the Commission should consider increasing the fees. The Senior Planner stated if the Commission wishes to increase the fees, he would suggest that the Commission refer the Amendment back to the Planning Staff for review and re- sllbmittal. He noted the Planning Board and Gallatin County Commission have approved the proposed fees; and they would need to review and approve a new fee schedule if the Commission so chooses. Commissioner Jordan stated the Planning Board discussed the proposed fees in depth. I He stated one of the main concerns was the pressure placed on developers by the increase of fees. Senior Planner Lere suggested annual review and updating of the fees. No one was present to speak in support of or in opposition to the granting of the proposed Amendment. Mayor Weaver closed the public hearing. A decision will be forthcoming in one week. review - Stor Hills 1 - Si, Section 4, and ortions of Section western one- a nnexation This was the time and place set for review of the Preliminary Plat for the Story Hi 115 Subdivision No.1, located in the South one-half of Section 4 and portions of Section 5, Town- ship 2 South, Range 6 East, MPM. This property lies in the western one-half of the Story Hills Annexation. Mayor Weaver opened the meeting for public comment and review. Senior Planner Steve Lere presented the staff report. He stated the Preliminary Plat totals 207 acres and would contain 107 single-family residential lots, 17 P.U.D. townhouse blocks and 16,000 square feet of commercial leasing space. The Senior Planner stated the Planning Board conducted the public hearing on November 10, 1983 and continued it to Decem- ber 8, 1983 to allow the developers and City staff an opportunity to resolve problems with the conditions recommended for approval of the Preliminary Plat. He noted as a result of meetings, that some of the 24 recommended conditions were modified, and others were eliminated; so the I Planning Board recommendation now contains 18 conditions for approval. Senior Planner Lere stated the City Attorney has reviewed the recommended conditions and has submitted a memo indicating that Condition No. 1 should be revised to stipulate that an agreement on the im- provement of ilL" Street and Story Mill Road, including the developer and the governmental entities involved, be completed prior to approval of the Preliminary Plat, since those streets lie outside city limits. Mr. Lere then reviewed the remaining seventeen recommended conditions for approval of the Preliminary Plat. 01-03-84 lt83 Mayor Weaver noted the developer has probably invested substantial resources, and may want a definitive answer as soon as possible. He also noted it is not sufficient to have an agreement between the governmental entities and the developer for the improvement of the roads, but reasonably good access must be provided to the subdivision as soon as the number of resi- dents in Story Hills increases. I City Attorney Crumbaker-Smith stated the agreement could contain a timetable for im- provement of the roads which provides for improvement of the roads prior to development of Story Hills. Commissioner Mathre noted the improvement of the roads could be tied to the rate of development in Story Hills. Senior Planner Steve Lere stated the City has directed the developers to prepare a formula for dividing the costs of improving the off-site roads, but that formula has not yet been submitted to the City. Mayor Weaver stated the City is not in a position to promise the developer anything it cannot deliver. He noted the City does not have any funds for improvement of the off-site roads involved in this development. He then noted the conditions concerning on-site improve- ments appear to be easi Iy resolved, but the off-site road improvements seem to be creating a problem. Commissioner Vant Hull noted the initial list of conditions contained one recommending that a looped road system be considered, which would eliminate many of the cul-de-sacs in the proposal. She noted that condition has been eliminated, even though the Director of Public Service (Works) has indicated disapproval of cul-de-sacs. Senior Planner Lere stated the developer has attempted to redesign the Preliminary Plat to provide for a looped road system but has been unable to do so. He also noted cul-de-sacs are allowed under the subdivision regulations. Commissioner Vant Hull asked about the condition which provides that the developer will I designate a site for possible use as a school site, with a reasonable time for negotiating a purchase of the site. The Senior Planner stated the subdivision regulations do not address designation of a potential school site. He stated a member of the School Board worked with the developer on this condition. Commissioner Anderson stated concern about the soils in Story Hills and the fragility of the site, especially with the possibility of this being an equestrian development. Planner Steve Lere stated the engineers will complete soils studies prior to use of the land. Mayor Weaver once again expressed concern that the City might mislead the applicant by approving the conditions for on-site improvement, with the possibility of failure in completing the required off-site improvements. , Mr. Dave Tone, representing the developers, reviewed some of the points raised by the Commissioners. He stated letters have been sent to the various utility companies requesting information on the utility easements, but no answers have been received to date. He then stated he is aware that Director of Public Service (Works) Holmes is not in favor of cul-de-sacs. However, they have completed seven drawings with various road systems and have found no way to construct a looped road that will meet the grade requirements. He also stated he has sub- mitted three alternatives for snow removal, but the Director of Public Service (Works) has rejected all three alternatives because of the potential City liability. Mr. Tone then stated the developers feel the proposed design allows for the best use of I the land that wi II comply with the City's concerns and needs. He also noted the Planning Board and Zoning Commission have recommended approval of the Preliminary Plat and Conditional Use Permit. Mr. Tone stated there is no precedent for designation of a potential school site. He noted a school official prepared the language for the condition, and the developer has accepted that condition. He also noted Steve Custer wrote the condition concerning geology and soils, and the developers have accepted that condition. He noted the developer is also concerned with the soils and will engage an engineering firm to complete soils tests after the Preliminary Plat is approved. 01-03-84 L.91i Mr. Dave Tone stated the developers want to improve the off-site roads. He noted much money has been invested in traffic studies, but those studies cannot be completed until the Preliminary Plat is approved and the type of development in Story Hills has been determined. Mr. Tone then stated the agreement, between the governmental entities, developers and property owners, as requested in the City Attorney's memo, would have been completed if the developer had known about that requirement prior to this date. Mr. Tone then stated the developers would like an assurance from the Commission that the remaining seventeen conditions are I approved as soon as possible so they can proceed with the agreement if all other conditions are found satisfactory. Commissioner Jordan asked if the developers plan to pay the costs of the off-site road improvements or if they hope to divide the costs, to possibly include the City, County and adjacent property owners. Mr. Tone stated the developers understand that the City does not have any money and are willing to bear the costs of the road improvements. He noted one of the proposed formulas for payment of road improvement costs is that the developer will bear the City's share of the costs. Mr. Mike Nash, Attorney for the developer, stated Story Hills is a legal entity of developers and property owners. He noted the issue of off-site improvements is that pro- cedurally, there may not be any legal basis for the requirement of such improvements. He noted the developers have been cooperating with the Planning staff and City staff and plan to continue. He also stated the gain to the public must be balanced against the costs to the developer. Mr. Nash then stated the developer must provide improvements of "LII Street, including removal of the one-way bridge, and Story Mill Road prior to the final plat approval. He also stated the intersection of Big Gulch Road, Story Mill Road and "L" Street will be improved prior to the final site plan approval. Mr. Nash stated the improvement of th~se roads could be funded through 1 percent of the building permit fees or 10 percent of the gross sale of lots being placed in an escrow account. I Mr. Nash suggested that Condition No. 1 be changed to reflect a formula which has been accepted by the City of Bozeman, County of Gallatin and the developers for improvements to Story Mill Road and "L" Street. He then offered the following language for the suggested condition: "That a formula be entered into by the City of Bozeman, County of Gallatin and Story Hills to regulate the Story Hills contribution to improvements on Story Mill Road and "L" Street, and that said improvements be tied to the phases being developed, on a growth basis." B rea k - 8: 15 to 8: 25 p. m . Mayor Weaver declared a break at 8:15 p.m., to reconvene at 8:25 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Preliminar Plat review (continued) - and portions of ection 5, 2 , R6E, MP Commissioner Jordan stated the Planning Board reviewed the Preliminary Plat carefully. He stated the Planning Board concurred that, if this were an annexation under consideration, they would not approve it. However, the property has been previously annexed, and they felt they must now protect the integrity of the City and services, as well as helping the developer as much as possible. The Commissioner noted that the City cannot prevent development of the area but must now work with the developer to make this the best possible development. Commissioner Anderson expressed concern about the geology of the site. She also asked if any more information is available on the private sewer line that will hook into the City's I sewer transmission lines. Senior Planner Lere stated the proposed condition for Preliminary Plat approval refers to the sewer lines within the development. He noted the problems in the proposed lay-out of sewer lines have been corrected. City Attorney Crumbaker-Smith stated the Northeast sewer trunk line was not approved by the City Commission. She stated an agreement was signed by the City administration and Mr. William J. Sebena, accepting the effluent from the private sewer line into the City's sewer 01-03-84 1t85 lines and establishing the rate to be charged for that effluent. She then noted it is Mr. Sebena's responsibility to build that sewer line to City standards. Commissioner Vant Hull noted the proposed conditions include the requirement for soils and geology studies on all platted building sites. She asked if those studies could eliminate some of the proposed building sites. Mr. Tone stated the engineers have completed preliminary soils studies. He also noted I the thesis completed by an MSU student has been carefully reviewed and considered in prepara- tion of the Preliminary Plat. Mr. Tone then noted concern has been expressed about the proposed cul-de-sacs several times during the review. He stated cul-de-sacs are allowed in the zoning and subdivision regulations; and he does not feel the Commission can require that the cul-de-sacs be eliminated. Mayor Weaver noted the language for Condition No.1, concerning improvement of off-site roads, must be carefully considered. Senior Planner Lere noted Peach Street to L Street is listed as the preferred access to the Story Hills development, especially by the Police and Fire Divisions. Mayor Weaver noted the preliminary estimate for improving L Street is $565,000.00 and for improving Story Mill Road is $365,000.00. The Senior Planner noted that if Story Mill Road were improved and L Street were not, many people would probably still use L Street because it is more convenient. He also noted that improvement of Story Mill could create additional traffic on Griffin Drive, which also needs improvement. Commissioner Jordan asked if access from the east side has been considered. Senior Planner Lere stated it has been considered on numerous occasions and has been determined unfeasible. The Senior Planner then noted that the sixty-day period of action on the Preliminary Plat expires on January 10, 1984, unless the developer grants an extension. Mr. Mike Nash stated that if the Commission accepts his proposed language for Condition I No.1, the agreement and formula must be approved by the City Commission; and he feels the Preliminary Plat could be approved. City Attorney Crumbaker-Smith noted in her memo she has recommended that the written agreement be completed prior to action on the Preliminary Plat. Mayor Weaver closed the public comment on the Preliminary Plat review. Continued public hearing - Conditional Use Permit - Hruska-Langel - allow a PUD on Section 5, T2S, K6E, MPM (Story Hills Annexation) This was the time and place set for the continued public hearing on the Conditional Use Permit requested by Hruska-Langel to allow a Planned Unit Development on Section 5, Township 2 South, Range 6 East, MPM. This property is located in the Story Hills Annexation to the City of Bozeman. Mayor Weaver opened the continued public hearing. Mrs. Lyn Taylor, 624 East Griffin Drive, stated most of the people along "L" Street have acreages, and the property is zoned AS. She also noted any increase in traffic on the street would be hazardous because of the road conditions and the narrow bridge. She noted the developers have suggested various funding options for improvement of the off-site road and asked what would happen if the money is not available when the improvements are needed. Mrs. Taylor stated a definition of who will pay the street improvements must be made to protect all people involved. Mrs. Taylor then stated concern about the sewer line hook-up. She noted the Northeast I Sewer Trunk, which is to be installed privately by Mr. Sebena, has not been installed to date. She asked how the private sewer line for Story Hills would tie into the City sewer if the Northeast Sewer Trunk is not installed for some reason. Mrs. Taylor then cautioned the Commission to be extremely careful that they do not burden county residents owning small acreages for a development that wi II benefit the City and the developers. Mr. Walt Metier, Bozeman Property Owners' Association, stated the Association opposes any expenditure of City funds for improvements required by the Story Hills development. Mrs. Shirley Symmonds, 1211 ilL" Street, stated she owns nine acres along "L" Street. 01-03-84 49b She stated II L" Street is bad, especially in the spring, and will require extensive improvements if the traffic load increases. She also stated concern about the possibility of being required to pay a portion of the street improvement costs. Mr. Chris Shaw, resident of Bridger Canyon, stated there are approximately 10,000 sub- divided lots in Gallatin County. He then stated he does not feel there are enough people in the area or coming into the area to fill the 850 units being proposed in the Story Hills development. I Mayor Weaver closed the public hearing. Commissioner Mathre noted the sixty-day period for action on the Preliminary Plat expires on January 10, 1984. She stated concern that if action is not taken, the Preliminary Plat will automatically be approved, unless the appl icant requests an extension. The Commission then concurred it will make a decision next week on Condition Nos. 2 through 18 for the Preliminary Plat. After Condition No. 1 has been satisfied, the Commission will then make a decision on the Preliminary Plat, followed by a decision on the Conditional Use Permit. Adjournment - 9:10 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, Commissioner Mathre and Mayor Weaver. ALFRED M. STIFF, Mayor ATTEST: Clerk of the Commission I I 01-03-84