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HomeMy WebLinkAbout2005-02-28 Minutes, City Commission, spec MINUTES OF THE SPECIAL MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA February 28, 2005 .**************************** The Commission of the City of Bozeman met in special session in the Commission Room, Municipal Building, on Monday, February 28,2005, at 9:15 pm. Present were Mayor Andrew Cetraro, Commissioner Jeff Krauss, Commissioner Marcia Youngman, Commissioner Steve Kirchhoff, Commissioner Lee Hietala, City Manager Chris Kukulski, Assistant City Manager Ron Brey, Director of Public Service Debbie Arkell, Director of Finance Anna Rosenberry, Planning Director Andy Epple, Acting City Attorney Tim Cooper, and Deputy Clerk of the Commission Karen DeLathower. The meeting was opened with the Pledge of Allegiance and a moment of silence. Sianina of Notice of Special Meeting Each Commissioner, in turn, signed the Notice of Special Meeting. Public comment Greg Gianforte, 1320 Manley Road, commented that he and his wife believe this property should be zoned R-S and encouraged the Commission to do so. Even though there has been discussion of the possibility of building more affordable housing if this property is zoned R-1, they don't believe that is possible based on the figures provided by the developer; $300,000 for a house is not affordable. Sandy Hillman, 869 Manley Road, noted there are many water areas in this vicinity, which are conducive to attracting many types of animals. These animals are not afraid of humans and could pose a problem for small children. This is a wild area, and it is not compatible with the construction of five houses. Annexation of 1.84 acres at 780 Manlev Road - Bozeman Buildlna Traditions (A-04016) This was the time and place set for the decision on the annexation of 1.84 acres located in the Southwest one-quarter of Section 31, Township 1 South, Range 6 East, Montana Principal Meridian. The subject property is located immediately north of the East Gallatin Recreation Area pond and is known as 780 Manley Road. Included in the Commissioners' packets was a memo from Assistant City Manager Brey forwarding a recommendation that the following item be added to the list of issues to be addressed prior to or in conjunction with the annexation agreement: 17. In the event the property contained within the annexation is subdivided, the property shall be subdivided into five (5) parcels complying with R-1 zoning prior to any development. No further subdivision shall be allowed. No more than five (5) dwelling units shall be allowed within the annexation, and this restriction shall be noted on the subdivision plat. Assistant City Manager Brey reminded the Commissioners that last week they approved this annexation, but later realized zoning did not provide a tool to add stipulations on the number of lots. In response to that, staff has prepared the above additional annexation language. The exact number of desired parcels can be specified by the Commission; but the lots need to comply with R-1 zoning, if that is Commission direction. Commissioner Youngman suggested another condition, that a geo-technical assessment of the pond bank stability be submitted with the preliminary plat, to ensure the public safety. 02-28-05 special - 2 - Commissioner Krauss stated that last week the developer said the construction of several smaller homes would provide more affordable housing than two starter mansions and proposed that if the developer is really interested in building smaller homes, perhaps the Commission should put a square footage limitation on the houses. If the reason for approving R-1 density is to avoid large mansions, the size of the houses should be restricted with the annexation. In response to Commissioner Kirchhoff, Commissioner Youngman stated that if the geo-technical assessment shows the road won't have any effect on the pond bank, there will be assurance that no degradation of the adjacent waterway will occur and development can go forward. Ed Adamson, Bozeman Building Traditions, reminded the Commission that he has never proposed anything but five lots on this parcel; and they have no objection to the additional annexation stipulation. They are committed to doing whatever they can to lessen the impacts on the wildlife, and they have no intention of degrading the pond or the park. His hesitation with a geo-technical assessment is who would conduct it, how would it be quantified, and how is that quantification identified. There is a trail that is used every day by a lot of people between the pond bank and the proposed road; and there are kids and dogs jumping off the bank into the pond, which degrades the bank to a greater degree than anything he will do. He intends to build a quality neighborhood development, which will be very amenable to the environment and an improvement over what is already constructed on Griffin Drive. He has approached the Rotary Club, suggesting a pavilion be built in this area; and he is willing to give that land as open space to be utilized however the City deems fit. Commissioner Hietala stated a five-lot subdivision seems to be one lot too many, suggesting the first three lots from Manley Road should be condensed into two lots, which would provide for more attractively priced homes from the builder's viewpoint. Mr. Adamson responded that R-1 zoning restrictions and lot sizes will dictate the size of the houses between 1,800 and 2,000 square feet; and if only three or four lots are approved, one or two of the houses would need to be bigger in order for him to recoup his costs. Therefore, they are requesting the Commission approve the requested five lots. It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that staff be directed to bring back an annexation agreement for the annexation of 1.84 acres located at 780 Manley Road, subject to the following items being addressed prior to, or in conjunction with, the annexation agreement: 1 . If the on-site ditch is used as an agricultural water user facility, or for some other purpose including overflow or drainage, appropriate easements shall be filed prior to annexation in accordance with Section 18.42.060 "Easements." 2. If applicable, prior to annexation, boundary determinations shall be prepared for all wetlands on the property to be annexed in accordance with Section 18.56.050 "Wetlands Mapping." 3. The owner shall record with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvements Districts to be filed with the Annexation Agreement for the following: a. A City-wide Parks Maintenance District b. Manley Road Improvements The documents filed shall specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the said improvements on a fair share, proportionate basis such as square footage, taxable valuation of the property, traffic contribution from the development or a combination thereof. 4. At the time of annexation, the landowners shall pay all street and fire impact fees that are attributable for the existing residence. At the time of connection to the City's water and sewer facilities, the landowners shall pay all applicable water and sewer impact fees. The applicants should be made aware that at the time of any further development on the properties, the landowners and their successors shall pay all additional impact fees required by Chapter 3.24, Bozeman Municipal Code. 02-28-05 special -3- 5. Water rights, or cash in-lieu thereof, shall be paid to the City prior to City acceptance of the annexation agreement. 6. The final annexation map and legal metes and bounds descriptions shall include the full width of all adjacent rights-of-way. Note that the metes and bounds descriptions for adjacent rights-of-way must be described separately from that of the parcel. The applicant is responsible for obtaining any required affidavits or signatures from the Montana Department of Transportation (MDT) and/or Gallatin County. 7. The Annexation Agreement, which addresses all terms placed on the annexation application by the City Commission, shall be returned to the City of Bozeman Planning & Community Development Department within one year of a City Commission decision to annex the property, or annexation approval shall be null and void. 8. The applicants shall submit an annexation map, titled "Manley Road Annexation," with a legal description of the property for use with the Annexation Agreement. The map must show the existing pUblic utilities (water, sewer, roadways, and storm drainage), improvements on the property, adjacent developments (subdivision name, block and lots), rights-of-way, and public easements within and adjacent to the property. The map must be supplied on an: 1.) 18-inch by 24-inch mylar for City records; (2.) a reduced 8'Y:l-inch x 11- or 14-inch exhibit for filing with the Annexation Agreement at the County Clerk and Recorder; and 3.) a digital copy for the City Engineer's Office. This map must be acceptable to the Director of Public Service and the City Engineer's Office and shall be submitted with the signed Annexation Agreement. 9. The annexation agreement shall include notice that, prior to development, the applicant will be responsible for installing any facilities required to provide full municipal services to the property in accordance with the City of Bozeman's infrastructure master plans and all City policies that may be in effect at the time of development. 10. The Montana Department of Fish, Wildlife, and Parks shall be contacted by the applicant regarding any proposed ditch/stream relocation and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to final site plan/subdivision approval. 11. Prior to any development of the subject annexation, a stormwater drainage and grading plan shall be provided to, and approved by, the City Engineer. The plan must demonstrate that adequate treatment of runoff from the public streets and all future lots will be achieved by providing spot elevations, flow direction arrows, detention and/or retention basin details (including basin sizing calculations and basin typical sections), outlet structure details, and culvert capacity calculations. The plan must also locate and provide easements for adequate drainage ways within the annexation area to transport treated runoff to the stormwater receiving channel. 12. Prior to any development of the subject annexation, the new street shall be constructed to follow the City of Bozeman Local Street Standards with a 31-foot back of curb to back of curb width. However, sidewalk will only need to be constructed on the north side of the street because of the street's close proximity to the East Gallatin Recreation Area. 13. A public access easement of 60 feet will be required for the construction of the new street. 14. Upon annexation and upon availability of service, any existing residences/ businesses on the property must be connected to City water and sewer utilities. The existing on-site treatment systems must be properly abandoned and certification provided the abandonment occurred . Any wells presently used for domestic purpose 02-28-05 special -4- can be retained for irrigation only, with no physical connection to domestic water piping. 15. Plans and specifications for any water, sewer and/or storm sewer main extensions, and public or private streets (including curb, gutter, and sidewalks) prepared by a professional engineer shall be provided to and approved by the City Engineer. Water and sewer plans shall also be approved by the Montana Department of Environmental Quality. The applicant shall also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Specific comments regarding the existing and proposed infrastructure shall be provided at that time. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a pre-construction conference has been conducted. No building permits will be issued prior to City acceptance of the infrastructure improvements. 16. The applicants shall submit an easement for 15 additional feet of right-of-way along Manley Road. Manley Road is designated as a future collector and requires 90 feet of right of way. 17. In the event the property contained within the annexation is subdivided, the property shall be subdivided into five (5) parcels complying with R-1 zoning prior to any development. No further subdivision shall be allowed. No more than five (5) dwelling units shall be allowed within the annexation, and this restriction shall be noted on the subdivision plat. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, and Mayor Cetraro; those voting No being Commissioner Krauss. Zone Map Amendment - establish an initial municipal zonina designation of R-1. Residential Single- Household. Low Densitv. on 1.84 acres at 780 Manlev Road - Bozeman Buildina Traditions (Z-04292) This was the time and place set for the decision on the Zone Map Amendment requested by Bozeman Building Traditions under Application No. Z-04292, to establish an initial municipal zoning designation of "R-1 ", Residential-Single-household, Low-density, on 1.84 acres located in the Southwest one-quarter of Section 31, Township 1 South, Range 6 East, Montana Principal Meridian. The subject property is located immediately north of the East Gallatin Recreation Area pond and is known as 780 Manley Road. It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the Zone Map Amendment requested by Bozeman Building Traditions under Application No. Z-04292, to establish an initial municipal zoning designation of "R-1", Residential-Single-household, Low-density, on 1.84 acres located in the Southwest one-quarter of Section 31, Township 1 South, Range 6 East, Montana Principal Meridian, be initially approved; and that staff be directed to bring back an ordinance enacting the amendment upon annexation of the subject property. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Hietala, and Mayor Cetraro; those voting No being Commissioner Krauss and Commissioner Youngman. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. During his FYI, City Manager Kukulski noted the following: 1) He asked for Commission gUidance as to the scheduling of his proposed training session. Commissioner Youngman suggested a Monday, starting mid-afternoon, followed by dinner together, in a location other than the Commission room. All Commissioners agreed to hold the training session on a Monday in April, with afternoon/evening sessions. 2) He will be presenting the "State of the City" at the Chamber of Commerce breakfast this week. 02-28-05 special - 5 - Acting City Attorney Cooper reminded the Commissioners of their interviews with Mr. O'Connell, scheduled to begin tomorrow, during his FYI. Director of Finance Rosenberry offered the following during her FYI: 1) All department budget submissions are in, and she will be meeting with City Manager Kukulski and Assistant City Manager Brey tomorrow to start the budget discussions. During her FYI, Director of Public Service Arkell stated that she has been in contact with Senator Burns' office regarding an optical street lighting demonstration ~roject with General Electric. This would be a $500,000 grant for street lighting on possibly either South 19 h Avenue or North 7th Avenue. Planning Director Epple noted, during his FYI, that the "junk yard dealer" on West Main Street is going to appeal his decision that a salvage yard is not allowed in that district. Assistant City Manager Brey noted the following item during his FYI: He has been working on two tax increments this past week, including meeting with property owners on North 7th Avenue. During her FYI, Commissioner Youngman: 1) Reminded the Commission that the neighborhood next to the Law and Justice Center is concerned with the pre-release center. They are talking about holding a meeting with the Neighborhood Coordinator's assistance to determine if there are things can be done to mitigate some of their concerns, and they would like to have a representative from the City there. She then asked for Commission agreement to prepare a short statement saying the Commission will advocate to the County on behalf of safety, public welfare, and quality of life issues. A majority of the Commission agreed that Commissioner Youngman will attend the neighborhood meeting and include the statement she has prepared. 2) Bozeman was mentioned on the Local Government Update this week regarding the big box ordinance. Commissioner Krauss offered the following FYI item: 1) He will not be available to attend the NENA annual meeting, as requested. He asked Commissioner Youngman if she would be available to attend in his stead. During his FYI, Commissioner Kirchhoff noted he will be absent from the March 7th and March 14th meetings. Adiournment -10:21 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye bei Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, Commissioner Youngma ,r.l ayor Cetraro; those voting No, none. ATTEST: ~.2'~ R IN L. SULLIVAN Clerk of the Commission PREPARED BY: KAREN L. De LA THOWER Deputy Clerk of the Commission 02-28-05 special