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HomeMy WebLinkAbout1993-05-24 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA May 24, 1993 ***********************~***** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, May 24, 1993, at 3:30 p.m. Present were Mayor Swanson, Commissioner Frost, Commissioner Vincent, Commissioner Knapp, City Manager Wysocki, City Attorney Luwe and Acting Clerk of the Commission Statton. Commissioner Stiff was absent. 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 - Mav 10, 1993 It was moved by Commissioner Frost, seconded by Commissioner Vincent, that the minutes of the regular meeting of May 10, 1993, be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. Authorize absence of Commissioner Stiff from meetina in comoliance with Section 7-3-4322(2), M.C.A. It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the Commission authorize the absence of Commissioner Stiff from the meeting in compliance with Section 7-3-4322(2), M.C.A. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none. Discussion - Planned Unit Develooment - 42-acre parcel . kev issues to be resolved and describe issues with proposed action City Manager Wysocki reminded the Commissioners that included in last week's packet r- under FYI was a letter from Thomas, Dean & Hoskins, Inc., Engineering Consultants, to which a 05-24-93 - 2 - response was requested. Dave Crawford, Thomas, Dean & Hoskins, Inc., stated that the purpose of the letter is to seek guidance at this point. He noted that the Burkes have received some guidance from the three review boards and hope to get more concrete answers at the Commission level, enabling them to make a decision on whether to proceed. Chris Boyd, Gallatin Valley land Trust, stated that he sent a copy of a letter dated May 10, 1993, to Beverly Barnhardt that he had received from Greg Petesch, Director of the Montana Legislative Council, stating that the City has everything in its master plan to make this work legally; and if they do not, they would have to amend the master plan. Mr. Boyd noted that he had asked Mr. Petesch how it would be for those who live adjacent to this property, or other people who live in town, that will try to use this particular PUD as a way to garner themselves some extra benefits. Mr. Petesch's reply was that they would have no legal leg to stand on if the Commission is careful in describing why the PUD is granted to the Burkes. He noted that this is a unique situation; this is an open space parcel mentioned in the POST plan, and the City now has the opportunity to implement the plan in conjunction with a willing land owner. He cautioned the Commission of the need to be careful about explaining why it is allowing this PUD. Commissioner Frost stated that after looking at the site plan his concerns pertain to the availability of access across the parkland once the land to the east is developed. He questioned whether there is a scenario in which the only thing that the parkland will be used for is access to those two properties and whether there will be a conflict between pedestrian and vehicular traffic during certain times of the day if this is used as both a driveway and parkland access. Planning Director Andy Epple responded that this question has been dealt with since the beginning; and as long as that strip of parkland along the east edge of the proposed home sites serves a dual purpose and remains available as parkland, he does not feel it would be mutually exclusive. He noted that a cul-de-sac at that location would not prohibit its use as parkland. Commissioner Frost asked about he possibility of the parkland being used as a drive in perpetuity, or the joint use as parkland and driveway to access these two pieces of property. In response to Commissioner Frost, City Attorney Paul Luwe stated this is a possibility; however, he has not seen the most recent plans. He noted that this parcel of land is dedicated to a park purpose, and the courts look to see if there is a diversion from that dedicated purpose. If (' 05~24-93 " - 3 - that strip of land is utilized solely for a private driveway, you have diverted it from the public purpose. He further stated that if that strip of land is not used for much more than a trail and the purpose is to gain access to the park, it is consistent with the purpose of creating a trail; therefore, nothing would prohibit it from being used as access to the property. He emphasized the key is that the parcel be consistently used for the purpose of the dedication. Commissioner Knapp stated that the master plan gave the City Commission the authority to act, including exemptions from City codes. She questioned whether this would affect other land users and whether that authority would be extended to others. City Attorney Luwe pointed out that the only thing Mr. Petesch has done in his letter is review the statutes. What has to be considered here is the Bozeman zone code and the case of Little versus County Commissioners of Flathead County, which is a little more extensive than what Mr. Petesch has written. The issue is a master plan, not just guidelines and the Montana Supreme Court requires substantial compliance with the master plan. To say that the City can grant exceptions to the master plan, is only a generalization. The City may go back to the master plan and change it to create exemptions but they must change the code provisions to comply with the master plan. The master plan, by itself, will not give the exemptions needed, the City will have to go through more steps to do that. Mayor Swanson mentioned that the Burke's have allowed the citizens of this valley to use this land for many years and it has been a great gift to our community. He noted that he has been involved in this process for about 3 Y2 years and thinks it is admirable that the Commission has been afforded this opportunity. Hopefully, a decision can be reached. He noted that most of the arguments for allowing these lots to be developed without a road, sewer, or water to City standards revolve around the "specialness" of this project. He recognized that this a very special project and meets his goals of having a piece of land remain open; however, he has come to the conclusion that the integrity of the planning process necessitates that the Commission not make exceptions on the basics of this project, or any other project. He noted that most projects of any size have a certain degree of "specialness". Mayor Swanson emphasized that in light of the Burke's desire to get started by July 31, 1993, the Commission must move today to do one of two things; offer purchase for full appraised value, based on the last appraisal insuring that this becomes a park by July 31. If this is not 05-24-93 - 4 - acceptable to the Burke's, move to take action that would satisfy their desire to protect their right to build on these lots irrevocably, at some time in the future. He feels the Commission is perfectly capable of working out the details, if this PUD moves ahead. He noted the necessity of a guarantee that these lots can be built on after the infrastructure is in place. He further noted the importance of getting that infrastructure in place as quickly as possible. He noted that this would not guarantee a time certain, but a commitment on a best efforts basis to have the infrastructure in place, so the Burke's can build on these lots in the near future. Mayor Swanson stated he prefers the outright purchase because it is the simplest, most straight forward and fair to the Burke's and the City. He noted that the PUD process could be made acceptable to the Burke's, insuring them the ability to build on these lots should this become park land. Commissioner Knapp concurred with the Mayor's. She feels the City does need and want this property and has been working toward acquiring it for a number of years. She agreed with the two options suggested by the Mayor and the order in which they are preferred. Commissioner Vincent asked if the intent was to have a motion that would technically and finally authorize that expenditure. Responding to Commissioner Vincent, City Attorney Luwe stated a motion could be presented if it were properly structured. Mayor Swanson stated that the Burke's and their representatives have requested explicit answers today. He is perfectly willing to give those answers on an outright purchase today or the go ahead with the PUD process by guaranteeing access to those lots, but not until infrastructure is there. Commissioner Vincent was concerned if the Commission had the authority to actually expend the expenditure of $250,000 at this time. City Attorney Luwe responded that again depends on the structure of the motion, however, if it were a part of the motion, he feels the City would still have to go through a budget amendment. Commissioner Vincent questioned if the motion were adopted, would it constitute an offer and if it is accepted, would it necessitate be a public hearing that would involve a budget amendment. 05-24-93 - 5 - City Manager Wysocki stated that there would be no public hearing and City Attorney Luwe pointed out that once the offer is made and they accept it, the City then has the obligation. City Manager Wysocki summarized that in responding to TD&H's letter on behalf of the Burkes the Commission is to determine an offer, relating to the property. Mayor Swanson reminded the Commission that there is a fair amount of this money already in place. City Attorney Luwe stated that he would assume that motion would provide for the proper City official to make the offer to the Burkes and does not think that the Commission's approval would be the offer, that it would be the City staff's authorization that would make this offer. He assumes the procedure to be followed would be for City staff to make that offer and if accepted, then City staff would make that offer and if accepted, then that would constitute an acceptance. Commissioner Frost stated that he believes this property is extremely valuable to the City and we need to get it at practically any cost. He noted that the Mayor's suggestions took care of his concerns and he would be willing to support these options. He hoped that the second step with regard to the PUD, would include some legal step for the City to have the first option to buy the property if the Burke I s decided not to follow through. He stated that he supported the options in the order that the Mayor suggested. Dave Crawford stated that in anticipation of the Burke's reaction to option one and two, they may feel they are back to square one and are not really gaining what is hoped for through the PUD process. He questioned if there could be a third option to proceed with the PUD in some form and try to get some consideration for the park land versus the variances, etc. Mayor Swanson felt that clarification was in order. He stated that the City would like to purchase this property for full appraised value. He further stated that this is a first time offer and noted the importance of the Commission understanding the "specialness" of this land, but also important to understand that they are not willing to break as many rules as this property owners seems to anticipate. The Commission guarantees future building, as long as the infrastructure is there; and we will make every effort to get that infrastructure in place. At this point, we are awaiting a response from the Burkes. Dave Crawford asked the Commission that since the City has an interest, are they considering an SID to fund the infrastructure. 05-24-93 - 6 - Mayor Swanson stressed the interest that the City has in incorporating this parcel as park land. He suggested organizing a committee to begin procedures. He stated that he feels there are many participants, public and private, that would want to participate. The Burkes indicated that they are willing to pay their fair share, once the park has been defined. A lot of the details could be worked out on a PUD if the Burkes decide to move ahead. Dave Crawford stated that one of the concerns the Burkes have is a timeline, how interested are the neighbors around there in initiating this, and will there be a committee to work out details. Mayor Swanson stated that the Burkes and the City are uncomfortable with the concept of no guaranteed time allotment. Chris Boyd concerns were with the City providing this infrastructure, being right back into the precedent issue where another developer will say, "How about you putting the roads in for me, I have a special place too". Mayor Swanson stated this motion does not envision the City providing the infrastructure, only taking the leadership to make sure that the infrastructure is there, and not implying that the City will pay for it. City Manager Wysocki pointed out that there is a third possibility. If the Burkes are not interested in either of the two proposals, then the Commission should proceed with eminent domain. This is allowable under state statute and appropriate in this instance. Chris Boyd stated that the Gallatin Valley Land Trust will have nothing to do with eminent domain. It was moved by Commissioner Knapp, seconded by Commissioner Frost that the City Commission propose outright purchase of the Burke property for the last appraised value and direct staff to proceed with the necessary actions. If that is unacceptable to the seller, staff is then directed to proceed with preparation of an agreement that will guarantee the future development of the two lots when infrastructure is adjacent, with the City leading an extraordinary effort to have these improvements in place at the soonest possible time. If neither of the above is acceptable to the seller, the City will then proceed with eminent domain. City Attorney Luwe stated when reviewing the third part, a resolution will have to be brought back before the Commission for any condemnation action as all this motion does is tell staff 05-24-93 - 7 - to proceed to the next step. Commissioner Vincent inquired if the resolution would require a public hearing. City Attorney Luwe stated that it is up the Commission as to whether they want a public hearing or not. The requirement is only a public meeting and it is not mandatory under the statute. Commissioner Vincent asked if interested members of the public would be allowed to speak at the public meeting. City Attorney Luwe stated it would be the same type of proceeding you have have on a regular agenda item with public input. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Frost, Commissioner Vincent and Mayor Swanson; those voting No, none. Break - 4:12 to 4:17 p.m. Mayor Swanson declared a break from 4: 12 p.m. to 4: 17 p.m., In accordance with Commission policy established at their regular meeting of March 14, 1983. Authorize City Manaaer to sian - Development Fast Track Aareement - Anthony Wayne Corporation and the City of Bozeman City Manager Wysocki reminded the Commission that he had given them a copy of this agreement before the meeting. He noted that it specifically addresses the twelves areas in the ordinance and asked for authorization to proceed with this agreement with the suggested change. He noted that the City Attorney will state changes to be made to no. 12 included in the ordinance. City Attorney Luwe stated the change is to no. 12, the third line from the bottom, "services, improvements and any other administrative costs". Add a comma after improvements, cross out the "and" and then after the word "costs", insert" and any attorneys fees incurred to enforce this agreement". City Manager Wysocki further stated the City has approval for the engineering design plans but have to get the approval for the actual water line itself. He noted that under no. 7, there is a copy of proof of insurance and liability that the City will obtain prior to signing. No.8 is an exhibit, the copy entitled Exhibit B states that the primary funding for this project is an SID; the other three 05-24-93 - 8 - things offered in this exhibit are things that may be done on an interim basis. He stated that it would be desirable for the City to include this in the water fund, to assure the sale of bonds and also back the revolving fund for SIDs. He noted it would require a second guarantor as it relates to this asset for the water department. The water fund would back it and cover any deficit that might come as a result of non payment. Commissioner Frost's concerns were if water improvements are installed, the funding provided through the sale of bonds for the special improvement district represents a sole source of permanent financing for this project; the City fronts the costs, borrows the money, or guarantees on an interim basis; and the SID fails, is there any way by this document, that the City could be stuck for the costs of any improvements under this agreement. City Manager Wysocki stated there is a possibility as the City was not supposed to get stuck in relation to Valley Unit either, but it happened; however, this is a much improved situation over Valley Unit. He noted that there are developed parcels in this particular SID and backing from the water bonds to assure the sale of bonds. Ultimately, we might have to cover a delinquency, but that goes with any SID. Commissioner Knapp questioned if the first process is the sale of bonds. City Manager Wysocki stated that what we would try to do upon completion of the review of the engineering design, is authorize them to get started and in order to do that, they have to provide an on.site tanker with 5,000 gallons of water for anything that might occur at the site. That could be in place until they want occupancy, and then we have to get the water line in place and working, construct an interim facility, or a separate supply of water with the ability to replenish, most likely in the form of a well. Responding to Mayor Swanson, City Manager Wysocki stated that no changes are expected but if there are, they will be brought back before the Commission for review. It was moved by Commissioner Frost, seconded by Commissioner Vincent that the Commission authorize the City Manager to sign the Development Fast Track Agreement between Anthony Wayne Corporation and the City of Bozeman with the suggested changes by the City Attorney. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. 05-24-93 - 9 - Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1) Notice of Special City Commission meeting for a work session to be held on Tuesday, May 25, 1993, at 3:30 p.m. in City Hall. (2) Notice that the regular City Commission meeting will be held on Tuesday, June 1, 1993, due to the Memorial Day Holiday. (3) Letter from Recreation Superintendent, Sue Harkin, dated May 10, 1993, thanking the Commission for participating in Clean Up Bozeman. (4) Notice of the Bozeman Area Chamber of Commerce Board of Directors meeting to be held on Tuesday, May 25, 1993, at 6:45 a.m. in the Holiday Inn. There will be a guest presentation by Mayor Swanson on the Water Quality District. (5) Agenda for the Bozeman Beautification Advisory Board meeting to be held on Friday, June 4, 1993 at 12:00 noon in the Pasta Company, along with the minutes for the meeting of May 7,1993. (6) Agenda for the County Commission to be held on Tuesday, May 25, 1993 at 1 :30 p.m. in the Courthouse along with daily minutes for the week of May 10, 1993. (7) Agenda for the Development Review Committee to be held Tuesday, May 25, 1993, at 10:00 a.m. in the Carnegie Building. (8) Agenda for the Design Review Board to be held Tuesday, May 25, 1993 at 4:00 p.m. in the Carnegie Building. (9) Memo from the Gallatin Development Corporation, dated May 24, 1993, concerning their goals for 1994. (10) Award from the Breakfast Optimist Club on May 24, 1993, to Sgt. Mel McCarver, recognizing him as the 1993 "Law Enforcement Officer of the Year". (11) City Manager Wysocki presented his weekly report as follows: (1) The City received the Certificate of Appropriateness for windows to be placed in City Attorney Luwe's, Director of Public Service Forbes' and Assistant City Manager Ron Brey's offices. (2) Neighborhood Coordinator/Grantsperson Goehrung went to Missoula to find out what successful applicants of the CDBG program have to know to get the grant. (3) Roger Sicz went to a solid waste conference 05-24-93 . 10 . in Minnesota. (4) The 7-acre parcel on the corner of Ferguson and West Main is under contract to be sold on June 1, 1993. (5) The Vanniman hearing was Friday, May 21, 1993 and this morning, on land connected with the interchange for the rest area. There is no result as of yet. (6) The summer reading program will start on June 5, 1993 at the Library with author Ben Mikaelsen presenting his story "Sparrow Red Hawk". (12) Commissioner Frost submitted the following: (1) Attended the ad hoc sign committee meeting on Wednesday and everything has been pretty much been finalized. (2) Handed out the bulletin from the Arbor Day Society on trees and signs and thought it was very interesting getting information on care for trees. (3) Attended the last Leadership Bozeman meeting on Thursday. Went to Mountain Sky and Mr. Jobes never showed up so had hiking, gourmet lunch and a relaxing day. (13) Commissioner Knapp submitted the following: (1) Attended the Southwest Homebuilders reception last Tuesday evening. (2) Spent some time at the Emerson Cultural Center for their Grand Opening and took a tour of the building and I was very impressed. (14) Commissioner Vincent: Also helped open the Emerson Cultural Center. It was a very nice event and there is a good future there. (15) City Attorney Luwe stated is good to be back in Montana. (16) Acting Clerk of the Commission Statton stated the only item on the agenda so far for next week is appointments to the Bozeman Tree Advisory Board. (17) Mayor Swanson submitted the following: Will pass out some information on the Water Quality Districts. This is one of the goals that I have submitted, in which to lay the ground work for these districts and to provide funding for it. Have talked to numerous groups, and the idea came mostly from the City-County Health Board. I have included a letter in that packet from them along with the County Commissioners. A third letter from the Gallatin Development Corporation's Board and a fourth letter from Wendy Lewis, a citizen, are expressing concern with the water quality issues in Gardiner Park. Tomorrow, I hope we can hear from staff and then give each Commissioner a chance to talk about the goals that they have submitted. Consent Items 05-24-93 - 11 - City Manager Wysocki presented to the Commission the following Consent Items. Proclamation - "Emeraencv Medical Services Week" - Mav 23-29, 1993 Transportation Update Committee chanaes re Transportation Coordinatina Commission Resolution No. 2912 creatina Special Improvement District No. 658 pavina: storm drainaae, intearal concrete curb and autter: and concrete sidewalks to complete the asphalt pavina improvements in an approximate 11 OO-foot portion of West Babcock Street COMMISSION RESOLUTION NO. 2912 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING SPECIAL IMPROVEMENT DISTRICT NO. 658 FOR THE PURPOSE OF ACCOMPLISHING THE ENGINEERING DESIGN, CONSTRUCTION, INSPECTION AND ENGINEERING CERTIFICATION OF ASPHALT CONCRETE STREET IMPROVEMENTS; STORM DRAINAGE; INTEGRAL CONCRETE CURB AND GUTTER; CONCRETE SIDEWALKS; AND ALL OTHER NECESSARY APPURTENANCES TO COMPLETE THE ASPHALT PAVING IMPROVEMENTS IN AN APPROXIMATE 1100-FOOT PORTION OF WEST BABCOCK STREET IN THE CITY OF BOZEMAN, MONTANA. Commission Resolution No. 2914 - declarina it the intention of the Citv of Bozeman, to annex a tract of land located in Gordon Mandeville State School Section Subdivision; set public hearina for June 21, 1993 COMMISSION RESOLUTION NO. 2914 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 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. Deviation from Section 18.50.100.0.6. to provide two seatina niches in lieu of thirteen reauired landscape points plan/certificate of appropriateness Z-9341 Richard Pohl for Bozeman Church, 109 West Olive Street allow applicant to fulfillina seven of for maior site Application No. United Methodist Authorize Citv Manaaer to sian - Addendum to CDBG Contract between Montana Department of Commerce and the Citv of Bozeman Claims 05-24-93 - 12 - It was moved by Commissioner Vincent, seconded by Commissioner Knapp, 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 Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none. Adiournment. 4:40 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Knapp, seconded by Commissioner Frost, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Frost, Commissioner Vincent and Mayor Swanson; those voting No, none. 05-24-93