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HomeMy WebLinkAbout1999-02-08 Minutes, City Commission MINUTES OF THE AGENDA MEETING/WORK SESSION OF THE CITY COMMISSION BOZEMAN, MONTANA February 8, 1999 ***************************** . The Commission of the City of Bozeman met in agenda meeting and work session in the Commission Room, Municipal Building, on Monday, February 8, 1999, at 3:00 p.m. Present were Mayor Stiff, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman, 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 Dublic hearings to be held on Februarv 8. 1999 Since this is an agenda meeting, only brief highlights and 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. (4) Commissioner Rudberg stated she has received a request for a letter of support. She suggested that the letter should be from the entire Commission, and proposed that a letter . be prepared for the Mayor's signature on behalf of the Commission. Mayor Stiff suggested that the letter be prepared for all of the Commissioners to sign. (5) Assistant Planning Director Debbie Arkell gave a brief overview of this application for a preliminary plat to subdivide the northern portion of the Valley West annexation into ten lots for further development and to dedicate Bronken Park and the rights-of-way for roads which were identified as easements during the annexation process to the City. She stated that no structures will be allowed on any of the lots until they undergo further subdivision review or zoning review. The Assistant Planning Director stated that three variances are being requested in conjunction with this application and, since the variances apply to this subdivision, and since additional subdivision or zoning reviews will be necessary prior to development of any of the parcels, and since the locations at which water and sewer services will be extended to the individual lots and the access points to those lots are not yet known, staff supports them. The Assistant Planning Director indicated that at the Planning Board hearing on Tuesday night, Mr. Gary Metcalf expressed concerns about the traffic on Durston Road, the dust, and the impacts of stormwater from this subject property on his agricultural ditch, from which his horses drink. She noted that the stormwater issue was discussed at length, and the applicant agreed to work on this issue. She then distributed copies of an outline of stormwater and . drainage control measures, as submitted by Mr. Bob Lee, Morrison-Maierle, this afternoon. Assistant Planning Director Debbie Arkell stated that the Planning Board, on a vote of 9 to 0, forwarded a recommendation for approval, subject to 21 conditions. She then distributed copies of the proposed work schedule for the Adam Bronken Memorial Park. She noted that the park is to be developed by outside entities, although it is being dedicated to the City under this preliminary plat. She noted that the conditions of approval and the subdivision regulations require that certain improvements be made to the park, and the work schedule identifies when those improvements will be completed. 02-08-99 - 2 - The Assistant Planning Director then distributed information on the paybacks for Valley West, in response to questions raised by Mayor Stiff in a telephone conversation regarding Condition No, 13. She noted the annexation agreement specifically states that payback arrangements may be made for sewer, but it does not address water or street payback arrangements, Responding to Commissioner Rudberg, the Assistant Planning Director stated that Mr. Barber just received a copy of the City Attorney's recommended condition regarding CI-75, and . suggested that he will be prepared to address that issue at next week's meeting. Mayor Stiff noted that Bronken Park was "presented as the jewel in the crown" during the annexation process, but its development does not seem to be moving very fast and, as a result, he is concerned that the City may become responsible for its development once the park is dedicated to the City. Assistant Planning Director Arkell responded that under the subdivision regulations, the developer is required to make certain improvements to the park, and additional improvements are required under the 401 permit, to mitigate impacts on the wetlands. The Assistant Planning Director stated that Condition No.9, listed on Page 3 of the staff report, is to be deleted because it is simply a statement and cannot be the subject of a condition. She indicated that staff will work with the applicant to address this issue even though it is not a listed condition, Responding to Commissioner Frost, the Assistant Planning Director confirmed that when the next application is submitted for further subdivision of the large lots being created under this preliminary plat, the variances will be terminated, and the plat must comply with the subdivision regulations, . Mr. Rick Barber, representing the developer, stated that a number of permitting processes are in place, the most significant of which is the 404 permit received from the Army Corps of Engineers. He noted that under the permit, a ditch has been relocated, and some of the adjacent wetlands have been enhanced. He then indicated that most of the dirt work has been done, so that a flat playing surface now exists as well as a solid base for the parking lot and the road. He stated that when the weather permits, a large tractor will be brought in for final grading, followed by seeding next summer, and play the following fall. He indicated that, while he is not involved in the group developing Bronken Park, he has been attending their meetings so he can remain aware of their progress. He stated that once the fields are ready for play, City water and sewer services will be extended from Cottonwood Road to the site and the building will be constructed. Responding to the City Manager, Mr. Barber stated that a 10 to 12-acre pond will be located to the west of the park, and some shallow loafing ponds and some 4 to 5-foot-deep ponds will be located within the park area, in or adjacent to the wetlands. He then indicated that the applicant has three years to complete the work under the permits, and that timeframe began eight or nine months ago. Further responding to the City Manager, Mr. Barber stated that the ditch which traverses the property catches stormwater, and ensuring that the stormwater from this site does not negatively impact the ditch once the area is paved will be addressed through the stormwater master plan for the park. . Responding to Commissioner Rudberg, Mr. Barber stated that Bronken Park will be dedicated to the City with the filing of the final plat, and that dedication will include the improvements. City Manager Johnson noted that all of the items listed in Phases I and 1/ will be completed, either because of subdivision regulations or commitments made by the citizens group. He stressed that this does not include the building or paving of the parking lot. He indicated that, to date, $40,000 from the County and $40,000 in contributions has been paid toward the improvements which have been made. He noted that the City has committed 02-08-99 -,,-- - 3 - $40,000 to the project, but those monies will not be paid until the fields are closer to being ready for use. He then indicated that Mr. Sime has estimated the costs of preparing the site for seeding at $150,000. Responding to Commissioner Rudberg, Mr. Barber stated there will be five, or possibly six, playing fields when the project is complete. Responding to Commissioner Frost, City Manager Johnson stated that $75,000 is set . aside in the capital improvement program each year for park improvements throughout the community. He recognized that Phases III and IV of the Bronken Park improvements are rather expensive, and there would not be adequate monies under this budget item to cover those costs. Mr. Barber stated he was not involved in the annexation process, but he is cognizant of the Commission's concerns and expectations. He then indicated that the group involved in developing Bronken Park is committed to completing its obligations, and fundraising should be easier once the park is dedicated to the City. (6) Assistant Planning Director Debbie Arkell reminded the Commission that in October 1998, a five-lot minor subdivision on a cul-de-sac street was approved, subject to several conditions. She noted that the application was withdrawn after that approval, and this application is now for a four-lot minor subdivision along an extension of West Arnold Street. She noted that water and sewer services are already available to two of the lots, and the street is already constructed. She indicated that the Planning Board has recommended approval without the condition pertaining to CI-75, as developed by the City Attorney's office because they felt that condition was more appropriately enacted at the Commission level. Responding to Commissioner Frost, the Assistant Planning Director stated that the issues regarding the fill on the property, as identified by the Army Corps of Engineers, have been added to Condition No. 13. . (7) Assistant Planner Joni Killebrew gave a brief overview of the application and the conditions recommended by the Planning Board. Responding to Commissioner Frost, the Assistant Planner stated that Condition No.1 as proposed does not require shielding, but she will submit proposed language for consideration at next week's meeting. (8) City Manager Johnson noted that this resolution has been listed as a line item to allow for Commission discussion. He stated that if the Commission does not adopt this resolution, the request to deannex the Story Mill will be denied, and the process will be ended. The City Attorney stated that the Commission must find that the requested deannexation is in the best interests of City and, if that determination is not made, the process cannot move forward. (14a) City Attorney Luwe stated that under the revised animal control ordinance, proper notice must be given to adjacent properties and, if that has not been done, action on this item will be delayed for a period of two weeks. Commissioner Rudberg requested that an application form for kennel licenses be . developed, stating she feels it is inappropriate to use the application form for business licenses for this purpose. . . ( 17) Assistant Planning Director Debbie Arkell gave a brief overview, noting that the wall signage is to exceed the allowable area by slightly over 30 square feet. She indicated that the Design Review Board supported the deviations for the canopy and the wall signage, but did not support the low-profile sign in the sight triangle. She noted, instead, the DRB suggested that the applicant consider a pole sign;. however, she stated the sign code does not allow a pole sign in the B-1 zone. She indicated that if the applicant wishes to install a pole sign within the sight triangle, he must seek a variance from the Board of Adjustment. 02-08-99 - 4 - Responding to Commissioner Frost, the Assistant Planning Director stated that the total signage for the site, including the proposed low-profile sign, is 119.25 square feet, which is 30.25 square feet more than allowed under the sign code. (19) Senior Planner Dave Skelton gave an overview of this requested rezoning on property located at the southeast corner of the intersection of West Babcock Street and Fowler Avenue. He indicated that, on a vote of 4 to 3, the Planning Board is forwarding a recommendation for approval. He noted that under this application, an appropriate initial zoning . designation is being assigned to property in conjunction with annexation. He encouraged the Commissioners to carefully consider the adjacent zoning designations and the types of development allowed under the "R-3" zoning designation. Break - 4:05 to 4: 12 c.m. Mayor Stiff declared a break from 4:05 p.m. to 4: 12 p.m., in accordance with Commission policy. Executive Session re litiaation strateav - Bozeman Solvent Site Mayor Stiff announced his intent to close the meeting and enter into executive session, under Section 2-3-203(4), M.C.A., for the purpose of discussing litigation strategy pertaining to the Bozeman .Solvent Site, noting that if the issues were discussed in open meeting, it would have a detrimental effect on the litigating position of the City in the case of Jewel v. City of Bozeman. At 4: 12 p.m., Mayor Stiff called an executive session for the purpose of discussing litigation strategy and asked all of the persons except the City Manager, Assistant City . Manager, City Attorney Luwe, Staff Attorney Day-Moore, Director of Public Service Forbes, Attorney Barry O'Connell, consultant Michael Nicklin and Clerk of the Commission to leave the room. At 5:55 p.m., Mayor Stiff closed the executive session and reconvened the open meeting. Discussion - Commissioner croiects None of the Commissioners forwarded any comments under this agenda item. Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. (1 ) Notice of the open house being hosted by the City-County Planning Office and the Engineering Office at the Professional Building, 20 East Olive Street, from 3:00 p.m. to 6:00 p.m. on Friday, February 5. . (2) Letter from Kim Walker, Chair of the Design Review Board, dated February 1, asking that Roger Cruwys be replaced since he is now residing in Bozeman and Colorado and cannot commit to the ORB's meeting schedule. (3) Copy of SWAP NEWS for January 1999, as published by the Montana Department of Environmental Quality. (4) Copy of a letter from the County Attorney's office to Allen and Associates, dated February 3, requesting that a copy of the "donut" survey be produced for the City-County Planning Department. 02-08-99 - 5 - (5) Letter from Jeff Ball, 323 South Wallace Avenue, dated February 2, regarding the need for recreational facilities in the community. (6) Letter from John Darnham, dated November 16, encouraging the City to provide ice skating facilities. (7) Copies of a form letter in support of an improved outdoor ice rink, as proposed by the Bozeman Amateur Hockey Association (BAHA). . (8) Invitation to attend a solid waste management conference to be held at Fairmont Hot Springs Resort on February 11 and 12, 1999. (9) Letter from the County Commission, dated February 3, regarding the County assuming zoning authority in the extraterritorial zoning district. Commissioner Smiley stated she has requested a copy of the survey be forwarded to the Clerk of the Commission's office, so the Commissioners can review it prior to taking any action. (10) Invitation to attend a neighborhood focus meeting for the northeast neighborhood, to be held at the Lehrkind Mansion at 7:00 p.m. on Thursday, February 18. (11-) Copy of the Headwaters Recycling newsletter, announcing that the next meeting is scheduled for 10:00 a.m. on March 10 at Three Forks. (12) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, February 9, in the Commission Room. (13) Memo announcing that there will be no Design Review Board meeting this week. . (14) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, February 9, at the Courthouse. Adiournment - 5:56 c.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Smiley, seconded by Commissioner Frost, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Frost, Commissioner Youngman, Commissioner Rudberg and Mayor Stiff; those voting No, none. ~F?tYor~ ATTEST: 9~n~ c> ;. - - r. .. - ~- \. .... -'-'" . ROBIN L.-56lkIVAN _' Clerk of tne:=eoittmission - - - ~:. ~ -:......-...=-- ,_..~ =-- -~ . ... ~. " --~~/<;:~" .U ",_... ð 02-08-99