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HomeMy WebLinkAbout1993-08-23 ccm ... ~ MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA August 23, 1993 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, August 23, 1993, at 3:30 p.m. Present were Mayor Swanson, Commissioner Frost, Commissioner Knapp, Acting City Manager Brey, City Attorney Luwe and Clerk of the Commission Sullivan. Commissioner Stiff and Commissioner Vincent were absent in compliance with Section 7-3-4322(2), M.C.A. 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 - Auaust 16. 1993 It was moved by Commissioner Frost, seconded by Commissioner Knapp, that the minutes eOf the regular meeting of August 16, 1993, be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Knapp and Mayor Swanson; those voting No, none. Preliminarv Plat for Brentwood Subdivision. Phase II - Garritv Homes. Inc. - allow subdivision of 10.703 acres known as Lot 13A1A. Block 4. Brentwood Subdivision into 33 sinale-familv residential lots. Drivate linear Dark and Dublic streets (north side of Durston Road. iust east of Brentwood Subdivision) This was the time and place set for review of the preliminary plat for Brentwood Subdivision, Phase II, as requested by Garrity Homes, Inc., under Application No. P-9324, to allow the subdivision of 10.703 acres known as Lot 13A 1 A, Block 4, Brentwood Subdivision, into 33 single-family residential lots, a private linear park and public streets. The subject site is more .0mmonlY located along the north side of Durston Road, just east of the existing Brentwood Subdivision. Acting City Manager Ron Brey reminded the Commission of the statutory timeframe for review of preliminary plats. He stated that, due to those time constraints, the Commission must either act on this application today or request an extension from the applicant. He then noted that, 08-23-93 -.---."....- ---. .--.. - - ..- , ..' - 2 - included in the Commissioners' packets, were copies of the Planning Board resolution forwarding its recommendation for approval, subject to eighteen conditions; the staff report; and minutes from the Planning Board of August 17, at which it conducted its public hearing on this item. Mayor Swanson forwarded two concerns about this application, one of which pertains to .the proposed configuration of Oak Street as it abuts this property, and a second which pertains to . the public interest criteria, specifically the impacts on the school district. The Mayor then noted that only three Commissioners are present at this meeting; and the Planning staff person who has been involved in this project is not present at this meeting. He requested that the applicant grant a 30-day extension for action on this application, allowing staff an opportunity to consider and address the concerns raised and further allowing a full Commission to take action. Mr. Michael Garrity, applicant, expressed concern that this is the first time these issues have been raised in this review process. He forwarded his desire to get all of the underground improvements installed this fall, so that construction of homes can begin as quickly as possible. He stated that a 30-day delay in action on this preliminary plat could result in his not being able to install those infrastructure improvements until next spring, with the lots not being available for .construction until next summer. Mr. Garrity noted that this tract is to be subdivided into 33 lots, 27 of which are intended for less expensive homes than those in Brentwood Subdivision, Phase I, and similar to those he is constructing in Cascade Subdivision. He stated that he has received a building permit and is in the process of constructing a model home in this new phase of the subdivision, noting it should be completed in 30 to 45 days; and he plans to use that model home to market the remainder of the subdivision. Mr. Garrity questioned whether the concerns raised in the preliminary comments can adequately be addressed in 30 days. He noted, however, that he is willing to grant the requested 30-day extension if that is the Commission's request, encouraging the Commission to take action more quickly if possible. He asked that at this time, some additional dialogue be undertaken so that .everyone understands the issues a little better. Mr. Garrity gave a brief overview of the project he is proposing under this preliminary plat. He stated his intent to construct less expensive homes in Bozeman, recognizing that they are still not affordable. He noted that 27 of the lots are targeted for $100,000 houses, while the six lots which abut the park will incur a park premium, raising the costs of those homes to $120,000. He 08-23-93 -.-.------....---- ~ - - - -' - 3 - noted the strong need for this type of housing in Bozeman at this time, questioning whether it is appropriate to delay their construction for several months as the result of a 30-day delay now. He then informed the Commission that there is only one single-family residential subdivision on the north side of Bozeman with any lots available, beginning at a cost of $27,500; and very few lots .are left. \ Mr. Garrity recognized the importance of the issues surrounding impacts on public services. He questioned, however, the wisdom of delaying this specific subdivision while considering issues which really pertain to all residential development in the community. Responding to Mayor Swanson, the Clerk indicated that a full Commission will be present at the next two Commission meetings. Responding to the Mayor, City Attorney Luwe indicated that the Commissioners may either forward their concerns at this time or when a full Commission is present. He stated that, since the staff member involved in this project will be back in the office later this week, she could begin to prepare responses within a relatively short timeframe. Mayor Swanson stated he does not want to see Oak Street "necked down" from the .design standard established by the State for that section between North 7th Avenue and North 19th Avenue, which includes bike lanes, particularly since this is the area where a large regional public park is being contemplated. He stated, instead, he would prefer to see the State design continued westward. The Mayor then turned his attention to the public interest criteria, particularly the one pertaining to effects on local services. He noted that the community has received ample warning ,from the school district that it is beginning to feel tremendous pressure from overcrowding; and he feels care must be taken to ensure that the quality of education does not deteriorate because of those pressures. Mr. Garrity responded to the Mayor's first concern, noting that the right-of-way for Oak Street may possibly be wide enough to accommodate bike lanes. He stated that it appears that .he second concern, pertaining to impacts on the schools, is a much broader issue, with this project being selected as the basis for a more comprehensive dialogue. Mayor Swanson noted that the Planning Board minutes reflect that the Board was also perplexed by this issue. He stated, from the comments which have been forwarded by the school 08-23-93 - -. -- ----- - 4 - district on various applications, that the breaking point for the education system in the community has been reached, and must now be addressed. Mr. Garrity stated he feels that the issues which have been raised are important and are germane to this project. He reiterated his willingness to grant a 30-day extension, so that a full . Commission may carefully consider the issues prior to making a decision. He then stated that if the issue is whether no more subdivisions should be approved in Bozeman until after a solution to the school problem has been determined, then he feels that could generate a different result from the discussion which has occurred under this agenda item. He then emphasized his interest in receiving a response as quickly as possible, and beginning the installation of infrastructure improvements soon, if the Commission approves his application. Commissioner Knapp quoted a portion of the minutes from the Planning Board, in which Board member James Devitt referenced the impacts on the school district. She then suggested that this is a secondary issue that should be discussed, but as a totally separate issue from this application. She cautioned that to not approve subdivisions in areas which have been identified as infill areas, such as this area, will only result in subdivisions occurring away from those areas. .ThiS will result in more expensive housing, which is contrary to the Commission's goal of making housing more affordable. She also recognized that the Commission is unable to stop the influx of people into the community. Commissioner Frost noted that not only development in the city, but development in the outlying areas, impacts the school system. He noted the importance of working with the County and the School District in an effort to address the overall issue. Commissioner Frost then asked staff to address whether the State section of Oak Street is at risk because of the North 19th Interchange in its upcoming report on this application. Mayor Swanson accepted Mr. Garrity's granting of an extension for up to 30 days, with the understanding that the Commission will act as quickly as possible. .rdinance No. 1372 - amendina Section 1.16.010 of the Bozeman MuniciDal Code. general Denalty Drovision for violations of code Acting City Manager Brey presented Ordinance No. 1372, as approved by the City Attorney, entitled: 08-23-93 . - 5 - ORDINANCE NO. 1372 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING SECTION 1.16.010, THE GENERAL PENALTY PROVISION FOR VIOLATIONS OF THE BOZEMAN MUNICIPAL CODE; PROVIDING FOR THE INCREASE IN FINE AND IMPRISONMENT, THE PAYMENT OF COSTS AND EXPENSES, AND FOR CONTINUOUS VIOLATIONS; AND PROVIDING FOR THE j,. REPEAL OF SECTIONS 2.76.220, 5.08.030, 6.04.180, 8.20.060, 8.24.030, 9.02.030,9.06.020,9.32.020, 9.44.010.C., 9.46.010.B. 9.84.050,9.90.020, 8.98,020, 12.20.080, 12.26.090, 13.04.030, 15.08.200, 15.20.150, AND 15.28.140 OF SAID CODE AND DECLARING THE SAME TO BE NULL AND VOID AND OF NO EFFECT. The Acting City Manager reminded the Commissioners that they had provisionally adopted this ordinance at their meeting of August 9, and recommended that it be finally adopted at this time. It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the Commission finally adopt Ordinance No. 1372, amending the general penalty provision in the Bozeman Municipal Code. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none. .DiScussion - FYI Items Acting City Manager Brey presented to the Commission the following "For Your Information" items. ( 1 ) Memo from the Clerk of the Commission, dated August 19, reminding the Commission that the three sculpture models for the North 7th Avenue Sculpture Park are on display at First Security Bank this week. The Acting City Manager indicated that the models are to be on display beginning today and urged the Commissioners to review those models and forward their comments to the Sculpture Committee. (2) Copy of the information on the Bozeman Interfaith Housing project, as forwarded by Commissioner Stiff. . (3) Invitation to attend the Chamber of Commerce Banquet For Excellence, scheduled for October 19 at MSU. (4) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, August 24, at the Courthouse, along with daily minutes for the week of August 9. 08-23-93 - -- . - 6 - (5 ) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, August 24, at the Carnegie Building. (6) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, August 24, at the Carnegie Building. . (7) Minutes for the Bozeman Beautification Advisory Board meeting held on Tuesday, i August 17. (8) Acting City Manager Brey submitted his weekly report as follows: ( 1) He and Commissioner Knapp met with international visitors from Thailand on Thursday. (2) Announced that during this past week, he pursued various issues pertaining to cable television franchising, per Commission direction. He announced that the City has completed the paperwork to join NATOA, has ordered the book Local Officials Guide to the 1992 Cable Act, and decided to attend neither the NA TOA annual conference nor the upcoming NLC-sponsored meeting on cable television franchising in October. He stated, instead, he is reviewing the information which Commissioner Knapp brought back from the NLC-sponsored meeting in Portland to learn about cable television franchising. He suggested that, rather than having a staff member attend a seminar on the subject, .it may be better to use those monies to retain someone with expertise to prepare a cable television franchise agreement at the appropriate time. (9) Commissioner Frost attended the Southwest Montana Building I nd ustry Association annual dinner meeting last week. He characterized it as a pleasant event, at which there were positive reviews of the City Commission over the past four years. (10) Commissioner Knapp submitted the following. (1) Opened the present from the Thai visitors, which she had received on behalf of the Commission--a fan in a paper bag, cut and folded as a shirt collar with a bow tie. (2) Noted the statistics contained in the monthly report from the Bozeman Public Library. (3) Announced she will be attending a committee meeting for the Night of 100 Dinners fundraiser for the Library. (4) Announced she will attend the Beautification Committee meeting at noon on Friday. (5) Noted the invitation to attend the opening of school eeremonies on August 27, which all of the Commissioners received. (11 ) City Attorney Luwe stated he has received a change in the Chronicle versus the City case. He noted that this case will be considered by all seven of the justices instead of the typical five justices on the Montana Supreme Court, which indicates that the issues raised are significant. At the Mayor's request, he briefly reviewed the issues in the case, which involved the 08-23-93 - 7 - City's decision to not release Sergeant Peterson's name until it received a court order to do so, the Sheriff's Office position that it will not release the investigation report on the incident until it receives a court order to do so, and the District Court's decision that the City pay the Bozeman Daily Chronicle's attorney's fees. He noted that the decision in this case will set the parameters .under which local governments will react to situations in the future that may fall under the criminal justice act. He estimated that a decision should be forthcoming in 90 to 120 days. ( 12) Clerk of the Commission Sullivan briefly reviewed the items on next week's agenda, noting that the meeting appears to be relatively light, with no evening session. She then asked if the Commissioners are interested in the possibility of a joint meeting with the County Commission on Tuesday, September 7. (13) Mayor Swanson submitted the following. (1) Announced that members of the Health Board, a County Commissioner, Sanitarian Dale Johnson, and probably two City staff members will meet on Wednesday afternoon to begin developing a profile for the person to be selected to lay the groundwork for a water quality district. He reminded the Commission that $22,000 has been budgeted for this position. He indicated that the meeting will include a .presentation from the individual who helped set up the water quality district for Lewis and Clark County and a review of the objectives and tasks identified in the Missoula County and the Lewis and Clark County plans. (2) Stated that the "We Share the Road" committee met last week. He noted that preparation for the educational campaign is moving forward; and Neighborhood Coordinator/Grantsperson Goehrung has applied for a $2,000 grant through State law enforcement for the public service announcements. (14) Mayor Swanson stated that he went on a wheelchair tour of Bozeman with Shirley Sedivy last week, using her second electric wheelchair. He noted, with interest, the problems encountered when moving around in a wheelchair, including the impacts that sidewalks can have on one in a wheelchair. He stated that obstructions in the sidewalk, typically at a driveway, create problems; and the slope of the sidewalk in a driveway can sometimes be great enOUgh to turn a wheelchair over. He stated that maneuvering a wheelchair in the street is otten preferable to using a sidewalk. The Mayor noted that easy access could be provided to some portions of the trail system through the community. He stated that at the present time, those in wheelchairs cannot gain access to one of the community's assets; and he feels that issue should be addressed. 08-23-93 , j ) ~ - 8 - The Mayor stated that a tour of the downtown proved very interesting. Many of the crosswalks in the downtown can be accessed from only one side, which means that one in a wheelchair must maneuver around the corner, in traffic, to gain access to the sidewalk. He noted that drivers on Babcock do not tend to stop for wheelchairs any better than they stop for .edestrians; and the perspective of a grill at eye level is rather startling. Mayor Swanson stated that Mrs. Sedivy has indicated a willingness to conduct a wheelchair tour for any Commissioner who is interested in such a tour of the community. Consent Items Acting City Manager Brey presented to the Commission the following Consent Items. ReQuest for Dermission to conduct ASMSU Homecomina Parade - Saturdav. SeDtember 25. 10:00 a.m. - Main Street between Rouse Avenue and 11 th Avenue Award bid for 1993 Street ImDrovements - Schedule I to Pioneer Readv Mix. Bozeman. Montana. in the bid amount of $36.785.00; Schedule II to Big Sky Aschalt. Bozeman. Montana. in the bid amount of $51.289.50 Acknowledae receiDt of reQuest for annexation - Donald V. and Bethene R. Alderson - 27.S-acre tract located in the NW%. Section 15. T2S. R5E. . MPM (south side of U.S. Highwav 191. west of Ferguson Avenue extended); refer to staff It was moved by Commissioner Frost, 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 Frost, Commissioner Knapp and Mayor Swanson; those voting No, none. Adjournment - 4: 15 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 .otion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none. 08-23-93 - n _.. .______. _n -- -- ". I _ ~ - 9 - ~~~ MOTH S~ - - dk Mayor ATTEST: '.~si~ Clerk of the Commission . . 08-23-93