Loading...
HomeMy WebLinkAbout1992-11-30 ccm _.~_._.- .."...----...- -- -...-.- ~.~~ .. , -'" MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA November 30, 1992 ******************** ********* . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, November 30, 1992, at 3:30 p.m. Present were Mayor Pro Tempore Vincent, Commissioner Stiff, Commissioner Knapp, Acting City Manager Brey, City Attorney Luwe and Clerk of the Commission Sullivan. Mayor Swanson was absent in compliance with Section 7-3-4322(2), M.C.A.; and Commissioner Frost was serving as the City's voting delegate to the National League of Cities Congress of Cities. 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 - November 23. 1992 . It was moved by Commissioner Stiff, seconded by Commissioner Knapp, that the minutes of the regular meeting of November 23, 1992, be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Knapp and Mayor Pro Tempore Vincent; those voting No, none. Staff reDort - reauest for annexation - Wal-Mart Stores. Inc.. for Georae E. Westlake and Kav Martinen - 14. 147-acre tract located in the NE% of Section 1. T2S. R5E. MPM (south of 1-90. east of North 7th Avenue. and north of West Oak Street) This was the time and place set for consideration of the staff report on the request for annexation submitted by Wal-Mart Stores. Inc., for George E. Westlake and Kay Martinen. The subject 14.147-acre parcel is located in the northeast one-quarter of Section 1, Township 2 South, .Range 5 East, Montana Principal Meridian, and is more commonly located south of Interstate 90, east of North 7th Avenue and north of West Oak Street. Associate Planner Debbie Arkell presented the staff report. She submitted a very abbreviated summary of the report, noting that it will be reviewed more comprehensively during the public hearing on the intent to annex, should the Commission decide to proceed with the 11-30-92 -. -- ---"... ...--.- - --- ---.---.--.-------.--- ,.. - 2 - annexation process. She also noted that this is the first step in the review process; therefore, the applicant is not present. Planner Arkell noted that the subject 14.147-acre tract is part of a larger unannexed area owned by Mr. Westlake and Ms. Martinen; however, it is the only portion being proposed for .annexation at this time. She stated that the site is currently zoned R-S, Residential--Suburban, and is in agricultural use. She stated that the master plan designates the subject area as commercial, but the zoning needs to be changed to a B-2, Community Business, District, to comply with the master plan and to allow for the desired development of this parcel. Planner Arkell stated that this application for annexation is being processed concurrently with an application for zone map change from R-S to B-2, as well as a minor subdivision plat and a major site plan. She stated that while these four different applications are being processed concurrently, the decision on the annexation takes precedence. She noted, however, that final actions on the other three procedures can be taken, with approval being contingent upon annexation. She then briefly reviewed the minor subdivision application, noting that it combines this subject parcel with some property already inside city limits, for a parcel totalling 25 acres. She .noted that the subdivision would divide this property into four commercial lots, with one of those being a 17-acre parcel upon which Wal-Mart proposes to construct. She stated that since this is a minor subdivision, it will be reviewed in-house, rather than through the public hearing process. The Planner then stated that the City-County Planning Board will conduct its public hearings on the zone map change and the major site plan at tomorrow night's meeting. She noted that the Planning Board has final authority on the major site plan; and it will forward its recommendation on the zone map change for Commission consideration at its December 14 meeting. Associate Planner Arkell highlighted some of the issues which should be addressed during the annexation process. She noted those include requiring a waiver of right to protest the creation of an SID to fund signalization at the intersection of West Oak Street and North 7th Avenue, a . waiver of right to protest the creation of an SID for improvements to West Oak Street, dedication of usable water rights or a cash-in-lieu payment (in an estimated amount of $14,000 to $15,000), and dedication of the necessary road easements. She noted that water rights are typically required at the time of subdivision or approval of the major site plan. She suggested that in this instance, 11-30-92 '" - 3 - since all of the processes are being handled concurrently, the water rights or payment in lieu should be required in conjunction with the annexation process. Planner Arkell stated that this application has been reviewed in light of the eight goals and twelve policies for consideration of annexation requests, as set forth in Commission Resolution No. .2716. She briefly highlighted the staff responses, noting that the application generally complies with most of the goals and does not substantially conflict with any goal. She further noted that, following successful negotiation of a mutually acceptable annexation agreement, the annexation will essentially comply with most of the policies, and not substantially conflict with any policy. Planner Arkell noted that immediate development of the subject parcel is anticipated, with Wal-Mart being completed within one year after annexation. Commissioner Stiff stated he has several questions and concerns about this proposed annexation. He noted, however, that he will support moving forward with the process at this time, recognizing that such a step may not reflect how his final vote will be cast. It was moved by Commissioner Knapp, seconded by Commissioner Stiff, that the Commission acknowledge receipt of the staff report, and authorize and direct staff to prepare a . resolution of intent to annex the subject parcel. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Stiff and Mayor Pro Tempore Vincent; those voting No, none. Discussion - FYI Items Acting City Manager Brey presented to the Commission the following "For Your Information" items. (1 ) Agenda for the Development Review Committee meeting scheduled for 10:00 a.m. on Tuesday, December 1, at the Carnegie Building. (2) Minutes from the Bozeman Area Bicycle Advisory Board meeting held on October .27,1992. (3) Copy of the notice to be published in upcoming editions of the Bozeman Daily Chronicle, notifying residents of vacancies on the various boards and commissions. (4) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m on Tuesday, December 1, in the Commission Room. 11-30-92 ---- .--------.,,----.-- -- --- -....-- , ~ - 4 - (5) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, December 1. (6) The Acting City Manager submitted his weekly report, as follows. (1) Announced that he and a small committee are in the process of preparing an update of the Americans with eDisabilities Act transition plan. He stated that after the committee has comprehensively reviewed the update, it will be forwarded to the Commission for approval. (2) Noted that he had received 76 applications for the position of Personnel Director. He stated that has been reduced to ten, eight of whom have submitted additional information; and the list should be reduced even further by the end of next week. (3) Noted that the selection of an architect for the Senior Center expansion is moving forward, with the committee to interview three firms on Friday. (7) Commissioner Knapp stated that she attended the "thank you" breakfast for the committee that organized the Night of 100 Dinners fundraiser. She noted that the event garnered more than double the amount received last year; and there is a potential for even more monies since some of the events will not be held until atter the first of the year. (8) Mayor Pro Tempore Vincent stated he has received a letter addressing several .ssues in the area around the University. He stated that he will attach that letter to a report form and forward it to staff for review and response. Consent Items Acting City Manager Brey presented to the Commission the following Consent Items. Proclamation . "National Drunk and Drugged Driving Prevention Month" - December 1992 Acknowledge receiot of oetition for creation of an SID for installation of a water main extension in the Burruo Annexation: refer to staff Authorize Actina City Manaaer to sian - Change Order No.1 - Water Treatment Plant eXDanslon - Diamond Construction - add $4.291.00 and no calendar davs Claims It was moved by Commissioner Stiff, seconded by Commissioner Knapp, that the .ommission 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 Stiff, Commissioner Knapp and Mayor Pro Tempore Vincent; those voting No, none. 11-30-92 . ' -. - 5 - Adjournment - 3:48 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Knapp, seconded by Commissioner Stiff, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, .commissioner Stiff and Mayor Pro Tempore Vincent; those voting No, none. -~ (.\J-:~ JO N C. VINCENT Mayor Pro Tempore ATTEST: ~. J :l~ R IN l. SULLIVAN . Clerk of the Commission . . 11-30-92