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HomeMy WebLinkAbout1999-11-08 Minutes, City Commission . -..-... MINUTES OF THE AGENDA MEETING/WORK SESSION OF THE CITY COMMISSION BOZEMAN, MONTANA November 8, 1999 ***************************** . The Commission of the City of Bozeman met in agenda meeting and work session in . the Commission Room, Municipal Building, on Monday, November 8, 1999, at 3:00 p.m. Present were Mayor Youngman, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, City Manager Johnson, Assistant City Manager Brey, City Attorney Luwe and Clerk of the Commission Sullivan. The meeting was opened with the roll call, Pledge of Allegiance and a moment of silence. Agenda Meetina - for reaular meetina and public hearings to be held on November 15. 1999 Since this is an agenda meeting, only those issues requiring staff action are contained in the minutes. City Manager Johnson briefly reviewed the background information which was included in the Commissioners' packets. He stressed that, due to the small number of routine business items on the agenda, the entire meeting has been moved to 7:00 p.m. (4 & 5) Commissioner Rudberg suggested that, since Commissioner-Elect Kirchhoff is unable to attend the 3:00 p.m. sessions, the Commission entertain appointing Commissioner- . Elect Brown to fill out the remainder of the year. Commissioner-Elect Brown responded that, given his schedule between now and the end of the year, he would miss at least two meetings if seated next week. Mayor Youngman noted that, prior to the election, the Commission voted to seat the top vote getter early, and she feels it is appropriate to follow through with that previous action. (6 & 7) Senior Planner Dave Skelton gave a brief overview of the requested annexation and zone map amendment requests. He noted that a development proposal has triggered both of these applications, but is not to be taken into consideration at this time. He concluded by noting that staff has recommended approval of both the annexation and the rezoning, with a revision to the amount of "R-O" zoning to be provided. He indicated that, in conjunction with future subdivision of this property, it may be possible to extend North 15th Avenue northward, which may accelerate the need for improvements to Durston Road. (8) City Manager Johnson noted that the Cemetery Board has recommended the fees to be established for the new columbarium, which was recently installed. He indicated that this resolution would typically be on the consent agenda, except he anticipates there may be public comment. Commissioner Smiley requested that someone be prepared to address why the City . should become involved in the plaque business at next week's meeting. (9 & 10) Planning Director Andy Epple gave a brief overview of this requested annexation on behalf of Assistant Planner Joni Killebrew. He stated the annexation application is for 2 Y2 acres of the approximately 14 acres of unannexed land which Mr. Westlake and Ms. Martinen own just north of WalMart, between the interstate and West Oak Street. He noted that this application is being submitted in conjunction with a major site plan for a 100,000- square-foot expansion of WalMart. 11-08-99 ~ . -----.--".-.- -. ..------ - 2 - The Planning Director noted the City Manager has suggested that the entire 14-acre parcel be annexed rather than just the 212 -acre strip being requested. He stated that when the annexation application was initially discussed, his office informally advised the WalMart representatives that annexation of the entire parcel was preferable; however, the property owners are not interested in doing so. He suggested that, since they are seeking annexation, the City has broad latitude to request the annexation of more land, if determined to be in the public interest. Responding to Commissioner Rudberg, the Planning Director stated that the only . property owners involved in this parcel are Mr. Westlake and Ms. Martinen. He then indicated that a majority of the Pea Cannery property, which lies immediately to the east, is outside city limits. City Attorney Luwe stated that if the Commission wishes to annex the entire parcel, at next week's meeting it will decline to pass the resolution of intent, based on it not being in the public interest to annex the small strip. He cautioned that this property is not wholly surrounded and, if the City adopts a resolution of intent to annex the entire parcel, it is possible for the property owners to protest it out. He noted that if that occurs, the property owner may once again seek annexation of this small parcel, but the City cannot pursue annexation for one year. Responding to Commissioner Frost, City Manager Johnson stated he is concerned about the need for joint SID/RIDs for improvements, particularly a stop light at East Oak Street and North Rouse Avenue, since a portion of the property lies outside city limits. He also noted that the entire length of the Westlake property fronts on Oak Street, and will be prime property for development in the near future. Responding to the City Manager, Planning Director Epple stated that the property owners were cooperative in providing right-of-way for the Oak Street extension. Responding to Mayor Youngman, the Planning Director cited the Westfield Subdivision . as a recent example of the City agreeing to piecemeal annexation of a larger parcel of land. Mayor Youngman stated her concurrence with the City Manager's suggestion that the entire parcel be annexed. Commissioner Rudberg stated that if a new business were being constructed on this parcel, she would agree; however, it is for expansion of an existing building. She expressed concern that the only party hurt by failure to annex the subject strip is WalMart. She then noted that, given the prime location of this property, she anticipates a request for annexation of the remainder of the property in the near future. Planning Director Epple noted Director of Public Service Debbie Arkell's long history of this area and the various projects, and that she has reminded him that when the Westlakes annexed the property for WalMart and Mr. Gene Cook's project, she suggested it would be much more desirable to annex the entire parcel, and got the same response at that time. Commissioner Smiley requested a work session on joint SID/RIDs; the City Manager responded that he will put it on the list. (11 ) City Manager Johnson noted that this item was placed on the agenda to give the Commissioners an opportunity to develop a list of topics for the joint meeting, which the . Mayor may then present to the Chair of the County Commission. 11-08-99 --------. .--.--.-.-....,.- ... _ ___n____.__ - 3 - Work Session - (A) Brief update on historic preservation handbook - Historic Preservation Officer Strahn; (8) Update re Sundance Sprinas parkland acauisition fund - Russ Tuckerman: (C) Discussion re composition of Design Review Board and aualifications of current members (A) Brief update on historic preservation handbook - Historic Preservation Officer Strahn Included in the Commissioners' packets was a memo from Historic Preservation Officer Derek Strahn, dated November 3. . Historic Preservation Officer Strahn stated that its October meeting, the Historic Preservation Advisory Board looked at the handbook. He noted that the previous month, they met with representatives from the SAE fraternity and learned that Mr. Doug Morely, adjunct professor at MSU, had received approval to prepare as-built drawings of the house, including a site plan, exterior elevations and the interior floor plan. Since no historic plans for this house are available, these drawings will be an very valuable component of the handbook. He stated that the SAEs are in the process of deciding whether to sell the property or fix it up. In light of this information, the Historic Preservation Officer requested an extension for completion of the historic preservation handbook, noting the Board has identified January 14, 2000, as the completion date. Commissioner Frost stated his appreciation for the communication with the SAEs, and indicated a willingness to delay the completion date. Commissioner Rudberg stated she is impressed with the minutes from the Historic Preservation Advisory Board meetings, and the valuable members on the Board. She concluded by asking the Board to consider other buildings, such as the Ellen Theatre, before the community faces their imminent loss. . Responding to Mayor Youngman, the Commissioners indicated their concurrence in providing the requested extension. The Mayor then thanked the Historic Preservation Officer for his presentation. (B) Update re Sundance Springs parkland acquisition fund - Russ Tuckerman Included in the Commissioners' packets was a listing of the donations and pledges as of November 4, 1999. Mr. Russ Tuckerman distributed information sheet on the acquisition of parkland in the Sundance Springs development, along with a map showing a possible realignment of lots and a smaller park area. Mrs. Lisa Tuckerman gave a brief history of this project, noting that the period to acquire the subject 14 acres initially expired in March, but the deadline was subsequently extended to December 31, 1999. She stated that, to date, they have personally committed to $50,000 and citizen commitments have totalled another $50,000. She noted that she and her husband have spent a fair amount of time talking to organizations, and the one that seems a viable option is The Conservation Fund, located in Washington, D.C. She stressed that this fund does not acquire land, but helps form partnerships to do so. She reminded the Commission that the initial purchase price was $780,000, and noted that, hopefully, with . contributions from the City and the County and negotiations with Mr. Potter, PC Development, the remaining amount can be reduced. Mrs. Tuckerman noted that the 14 acres in Phase IIA is the land in question and, to date, no infrastructure has been extended into that portion of the property. She stated that under the proposed revised plan, the total number of lots would be reduced from seventeen to ten, with all of those lots fronting on Morning Sun Drive. She stated that this would require moving Nash Spring Creek into the remaining part of the field; and that would be dependent upon approvals from the homeowners in the subdivision, the City Commission and the Army 11-08-99 ------------- -------- --------------------- - 4 - Corps of Engineers. She recognized that this proposal will reduce the amount of parkland, but may also produce a more viable land acquisition. Mrs. Tuckerman stated that if adequate monies are raised to undertake this land acquisition, she and her husband will personally guarantee the five-year loan from The Conservation Fund, and then find ways to raise those monies. She stressed that this project is important to them, particularly in light of Bozeman's trail system receiving national reviews. She also noted the importance of supporting buffer zones, which are good for the community and the quality of life of its citizens. . Commissioner Frost thanked the Tuckermans for their efforts to date, noting that the compromise they have forwarded today makes the acquisition of the additional parkland seem more realistic. Responding to Commissioner Rudberg, Mrs. Tuckerman stated that Mr. Potter feels he has made an investment in the land, upon which he must make a return. She suggested that reducing the number of lots to ten and selling the remainder for parkland will help to generate a reasonable rate of return while providing a benefit for the entire community. She then indicated that Mr. Potter has stated he will make the applications for the various changes that would be required, cautioning that he has no control over their acceptance. She recognized that if any of the applications is not successful, the whole compromise is off and the original plat will be followed. Mrs. Tuckerman noted that, immediately adjacent to the subject parcel is the 17-acre park in Gardner Park Subdivision. She also noted that the 100-acre field to the north is yet to be developed and, at the time of development, it may be possible to obtain parkland in the corner of the property abutting these open areas, thus making the parkland area and buffer zones even larger. She noted that, as trails are installed and as the population grows, one of the biggest conflicts arises when the buffer zone between the trail and development is small. She stated that a click counter on the trail in this area has revealed over 160 trail users per day, thus confirming that it is used regularly by the community. . Responding to Commissioner Rudberg, Mrs. Tuckerman stated that, at some point, a formal proposal must be made so that Mr. Potter has something to react to prior to the December 31 deadline. She asked the City to also consider a financial commitment in the near future, recognizing that the monies will probably not be expended until next summer. Responding to City Manager Johnson, Mrs. Tuckerman stated that the loan from The Conservation Fund would be to her and her husband, with the property being deeded to the City. Commissioner Rudberg expressed her appreciation to the Tuckermans for their commitment to this project, noting that the extent of their commitment has surprised her. Mrs. Tuckerman stated that, once they have shown that this property can be acquired, she anticipates fund raising will be easier. Commissioner Smiley expressed her interest in the project, and a willingness to have the City assist in it. Responding to City Attorney Luwe, Mrs. Tuckerman stated that a conservation easement has been discussed but, because of the limited partnership and the complex tax laws . that apply to them, that did not appear to be a viable option. She noted, rather, ensuring value for the shareholders, along with a reduced price to the community, seemed to be the best alternative. Following discussion, Mayor Youngman requested that the City's financial commitment to this project be placed on the November 15 agenda. She also suggested that this proposal be forwarded to the Recreation and Parks Advisory Board at its meeting on Thursday night. 11-08~99 -- - -.-- - ------ -.. -.- .-.-- .--.-..... ---- - 5 - (C) Discussion re composition of Design Review Board and qualifications of current members City Manager Johnson reminded the Commission that this item was deferred from the meeting two weeks ago. Planning Director Epple noted that dramatic changes in the planning program were made approximately five months ago, with the conversion from a city-county planning program to a city planning program and a municipal zone code. He noted that the long-term status of . the Design Review Board was not addressed in the interim ordinance, but the composition was revised to require that the non-professional members be city residents and that, for the professional members, city residency would be given priority, but non-residents could be appointed. He noted that, when this change was made, neither citizen member was a resident of the city; and the one whose term expired on June 30 did not apply for reappointment. He noted, however, that Ed McCrone, whose term expires next June, continues to serve as a citizen member on the Board. He stated that getting a quorum is sometimes difficult, with the lack of a quorum becoming an increasing problem. He stressed that Mr. McCrone has been faithful in his attendance and has been one of the most consistent and more conscientious members on the board. He concluded by noting that the City Attorney forwarded a couple options in his memo a couple of weeks ago, with those being a change to the ordinance or removal of the individual from the board. Responding to suggestions from the Commission, Planning Director Epple noted that his department is already involved in a certain amount of administrative design review and suggested that that role could be expanded further, possibly with the right of appeal to the Design Review Board. Commissioner Frost expressed his interest in revising the Design Review Board so it functions better. Responding to suggested changes in the composition of the Design Review Board, . Commissioner Rudberg cautioned that, at one point, the Planning Director did serve on the board, and it was not a good experience. She then indicated that staff is well qualified to review applications and indicated her interest in expanding the administrative design review process as proposed by the Planning Director. City Attorney Luwe suggested that the Commission either remove Mr. McCrone or direct staff to bring back an amendment to the zone code, suspending Mr. McCrone until the new provision becomes effective. As a result of discussion, a majority of the Commissioners concurred that the requirements for the non-professional members should be revised to be the same as those for the professional members. City Manager Johnson indicated that he will place this item on next week's agenda. Discussion - Commissioner Droiects Mayor Youngman stated that, as a result of problems with keeping pooper scoopers stocked at the various parks, she approached Safeway about donating their recycled bags for this purpose. She stated that Park Foreman Ron Dingman will spend the winter determining . how the bags can be dispensed, and indicated that she will write a thank you note to Safeway. Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. (1 ) Copy of a letter from Mary Brauer, dated October 23, to the Parking District Clerk, stating her opposition to the parking district near MSU and asking that it be revisited. 11-08-99 ._ n.__ -------- __n__.__.___.___ ___._ ___ .. .--..-.-....-.....--. - 6 - (2) Copy of a letter from the Montana Department of Transportation to the City Clerk, dated November 4, announcing the reduction in the gas tax allocation, due to the incorporation of Colstrip. (3) Newsletter from Headwater Recycling, dated November 3, announcing that the next meeting will be held in Bozeman on November 10. (4) Minutes from the Gallatin City-County Board of Health meeting held on September 9, 1999. . (5) Minutes from the Local Water Quality District meeting held on September 17, 1999. (6) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, November 9, in the Commission Room. (7) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, November 9, in the Commission Room. (8) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, November 9, at the Courthouse. (9) The City Manager submitted his weekly report, as follows. (1) Attended the MSU President's Roundtable discussion last week. (2) Attended the ag building dedication, along with other activities in conjunction with Ag Appreciation Week, which recognizes an important part of the local economy. (3) Announced that he will be attending a strategic planning session for the Chamber of Commerce on Thursday and Friday. (4) Announced that the ribbon cutting for Oak Street will be held on Friday; the Commissioners set 8:00 a.m. for the ceremony. (5) Attended the 9-1-1 Administrative Board meeting on Friday, at which time the relocation of the center was scheduled for December 12. He indicated that at the joint meeting on December 13, one of the issues to be discussed is a possible mill levy to fund this . function. (10) The City Manager stated that staff wants to provide a bus tour of City facilities for the new Commission, during which the initial budget presentations are to be made. He asked if the Commissioners want to do the tour on several Monday afternoons, a different day of the week, or on weekends. Following discussion, the Commissioners indicated that Saturdays would be preferable, and identified December 4 and possibly the morning of November 20 as options. (11 ) Assistant City Manager Ron Brey submitted the following. ( 1) Met with the new Director of the Humane Society a couple of times last week, noting that she is trying to understand the plans and issues involved in this program. (2) Noted that, from time to time, the City receives a request to revisit the MSU parking district. He indicated that staff tries to monitor comments about the district to see if it is in balance, and it seems to be at this time. He asked for Commissioner input if it appears that recurring problems are being encountered, so they can be addressed. (12) Commissioner Rudberg submitted the following. (1) Asked when the Street Superintendent is scheduled to give a presentation on street cleaning and snow removal; the City Manager indicated that presentation will also include leaf pick-up and has been scheduled for a future meeting. (2) Voiced her alarm at an article in the November 1 edition of the . Nation's Cities Weekly, about citizens voting on all kinds of subdivisions in California, under the guise of "smart growth". ( 13) Commissioner Smiley submitted the following. (1) Announced that the mental health committee will meet on Thursday and she cannot attend; all of the other Commissioners indicated that they also have conflicts. (2) Announced that the City Planning Board's open house/kick-off events for the 2020 plan are scheduled for four nights next week, at various elementary schools. 11-08-99 - 7 - (14) Mayor Youngman submitted the following. (1) Participated in various Ag Appreciation Week activities last week, including judging of a speech contest. (2) Attended a PSC hearing with the Assistant City Manager regarding regulations for default electrical providers and the impacts on local consumers. (3) Spoke at the swearing in of AmeriCorp volunteers. (4) Spoke to Linda Babcock's fifth grade class regarding local government, which she found very interesting and rewarding. Adjournment - 5:15 D.m. . There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Smiley, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Rudberg and Mayor Youngman; those voting No, none. ~IJ~ MARCIA B. YOU G AN, Mayor ATTEST: ~J~ ROBIN L. SULLIVAN Clerk of the Commission . . 11-08-99