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HomeMy WebLinkAbout1992-09-14 ccm , MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA September 14, 1992 ***************************** .~ The Commission of the City of Bozeman met in regular session in the Commission Room, ~ Municipal Building, September 14, 1992, at 3:30 p.m. Present were Mayor Swanson, Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Acting City Manager Brey, City Attorney Luwe and Clerk of the Commission Sullivan. Commissioner Knapp was 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 Mayor Swanson requested that action on the minutes for the regular meeting of September ~ 9, 1992, be deferred for one week. .....,. Preliminarv olat review - Emerson School site re-alignment and aagregation of lots 1-20. Block C. Alderson's Addition and the School Ground Tract of Rouse's 3rd Addition This was the time and place set for review of the preliminary plat requested by Consultants Thomas, Dean and Hoskins, under Application No. P-9225, to allow for realignment and aggregation of Lots 1 through 20, Block C, Alderson's Addition and the School Ground Tract of Rouse's Third Addition. The subject site is more commonly known as the Emerson School Site, and is bounded by West Babcock Street, South Grand Avenue, West Olive Street and South Fourth Avenue. Associate Planner Arkell presented the staff report. She stated the subject property is .known as Lots 1 through 20, Block C, Alderson's Addition and the School Ground Tract of Rouses's Third Addition, located in the Southeast one-quarter of Section 12, Township 2 South, Range 5 East, and the Southwest one-quarter of Section 7, Township 2 South, Range 6 East, Montana Principal Meridian. She noted that the property is owned by School District NO.7 and is commonly known as the Emerson School site. She noted that the lots were originally platted as 09-14-92 _._n _._.__._ --- ..---.---- ------.-----.-- - 2 - 25-foot by 135-foot lots. which was typical of subdivisions created in the older portions of the community; and the alley lying between those lots was vacated by recent Commission action, through adoption of Ordinance No. 1352. The Associate Planner stated that under this preliminary plat, the former lots and parcels . would be aggregated into three tracts; Tract 1 is to remain in the School District's ownership, and Tract 2 and Tract 3 are to be sold. She noted that plats involving the aggregation of lots are usually accommodated through in-house review; however, since this plat involves more than six lots, it must be processed through the public hearing procedure. Associate Planner Arkell stated that staff and the Planning Board have reviewed this application in light of the eight public interest criteria set forth for subdivision reviews, and found this application to be in general compliance. She noted that, following its public hearing on this application at the September 1 meeting, the City-County Planning Board voted to recommend approval of this preliminary plat, subject to two conditions. Responding to Commissioner Frost, the Planner stated that a 30-foot strip was shown on the original plat; however, it was not dedicated as a street easement, and it has been incorporated _into Tract 3. ..., Responding to Mayor Swanson. the Planner stated it is anticipated that Tract 2 will be sold to the Emerson Cultural Center, for future expansion of their parking area. No one spoke in support of or in opposition to this preliminary plat. It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the Commission approve the preliminary plat requested by Thomas, Dean and Hoskins, under Application No. P-9225, to allow for realignment and aggregation of Lots 1 through 20, Block C, Alderson's Addition and the School Ground Tract of Rouse's Third Addition, subject to the following conditions: 1. That the surveyor provide documentation to the Planning Office, prior to final plat approval, that the existing building does not encroach over the . newly-relocated lot lines; and 2. That the following information be shown or corrected on the final plat: a. The Point of Beginning (P.O.B.) be designated on the perimeter survey; b. The Certificate of County Treasurer be amended to delete "Certificate of Consent" and add "Amended Plat"; c. The Certificate of Director of Public Service be amended to 09-14-92 . ...-...-.. ...-.....------ =. . -...------ - 3 ~ add "... and hereby accepts the dedication to the City of Bozeman for public use " (addition bolded), and a .. . signature line; and d. The title of the plat contain the word "Subdivision". The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, .commissioner Stiff, Commissioner Vincent and Mayor Swanson; those voting No, none. Annexation reDort - Bridger Creek DeveloDment. consistina of 287.5 acres. COS Nos. 1353 and 1353B. located in Section 31. T15. R6E. MPM (situated north of Bridger Drive. bordered on west by East Gallatin Recreation Area and East Gallatin River. bordered on east by Story Mill Road) The Acting City Manager reminded the Commission that a copy of the annexation report was included in their packets. Associate Planner Debbie Arkell presented the staff report. She noted that this application for the Bridger Creek Development annexation was submitted by Golf Course Partners, Inc., owners of the subject parcels. She noted the 287.5-acre tract is generally located north of Bridger Drive, and is bordered by the East Gallatin Recreation Area and the East Gallatin River on the west, by Story Mill Road on the east, and by the City's landfill on the north. She further noted that .approximatelY 900 feet of the southern boundary of this property is contiguous to city limits. Planner Arkell stated that a majority of the parcel is zoned A-S, Agriculture Suburban, with a small portion being zoned M-1, Light Manufacturing. She noted that the 1990 Bozeman Area Master Plan designates this area as public open space; however, in 1989 both the City Commission and the County Commission approved a master plan amendment to change the designation to low density residential. She stated further research will be required to determine if an oversight occurred in development of the 1990 master plan. She then noted that it is anticipated that the applicant will seek a rezoning of the property to R-2, to allow urban density residential development and a small piece of B-1, for neighborhood business development; however, it would be possible to complete development of this parcel through a planned unit development without changing the .current zoning. Planner Arkell reminded the Commission that they had previously approved a conditional use permit for construction of a golf course on this subject property; and that construction is currently in process. She noted that the golf course encompasses 180 acres of the parcel, which leaves 107 acres for residential and commercial development. Planner Arkell stated that with all of the reviews which have been conducted on this 09-14-92 .-.. --..--- - 4 - property, the general character of the project as it has been described, and the previous approval of the conditional use permit, annexation of this property is the next logical step. She also noted it has been generally anticipated that residential development on this property would be serviced by City water and sewer services. . The Planner then stated that staff review of this application has revealed that a substantial amount of work will be required to provide water, sewer and transportation network to the subject site; and a majority of that work will result in costs to the developer. She noted that a water main is located in Bridger Drive; and that main must be extended to the subject site. She also noted that this main is served by the Lyman Creek water supply, and this development, when fully developed, is projected to use a majority of that supply. She then stated that the sewer trunk line is located along U.S. Highway 10, which is approximately one-half mile away. She stated that extension of that trunk will require crossing Manley Road and the East Gallatin River. Planner Arkell stated that one of the conditions for approval of the conditional use permit for the golf course was to require an update of the 1986 information on transportation figures prior to opening of the first nine holes of the golf course. She suggested that as a part of this _annexation, it would be appropriate to require analysis of the figures and what type of ~ improvements may be required to the County roads which provide access to the site. She also noted that a direct access from Manley Road has been suggested by the Director of Public Service, possibly in conjunction with the sewer main. The Planner noted the high water table in the area, and the fact that it should be noted on the subdivision plat. She also noted that this development is anticipated to include residential lots which back up directly to the City's landfill, and proposed that a 50-foot buffer strip be provided between the lots and the landfill. Planner Arkell then stated that staff reviewed this application in light of the eight goals and twelve policies set forth in Commission Resolution No. 2716; and responses have been provided .. for each. She then capsulized those written responses, summarizing them by stating that the = proposed annexation does not substantially conflict with any of the goals; and execution of the appropriate Annexation Agreement will bring it into general compliance with the policies. She further noted that annexation appears to be a natural progression in the development process for this property. Responding to Mayor Swanson, Planner Arkell stated her intent to send a letter to Gary 09-14-92 --.--...--.- ---------- - .-.. -..-. - 5 - Griffith, School District No.7, seeking input on where they may want to acquire property for another school site. She noted that once the City has that information, it can work with developers for the dedication of property for that purpose. Commissioner Vincent noted the increase in students within the school system in recent .years. and the fact that the high school is contemplating different options for continuing to use the existing building with the increase in student population, including extended days and year-round school. He noted it is not likely that the voters will approve a bond issue to add onto the middle and high schools, or construct a new school, since they have just voted to support two new elementary schools; and he feels that demands will create a severe strain on existing facilities. Responding to Mayor Swanson, Planner Arkell stated that in June 1991, the Commission approved the conditional use permit for the golf course; and that approval included a condition that a linear trail be provided along the south edge of the property, extending to the East Gallatin Recreation Area, with the location of the trail to be determined in conjunction with the Parks, Open Space and Trails Committee. Mr. Rex Easton, President of Golf Course Partners, Inc., noted that two-thirds of the .Aproperty is to remain in open space; therefore, the 287.5-acre tract will not have as much impact - on City services as it might otherwise. He then stated general support for the comments in the staff report, noting that the issues of water, sewer and transportation will be more fully addressed at the appropriate times during the development process. He then indicated that the preliminary plat for this development should be ready to submit to staff within the next week or two. Responding to Mayor Swanson, Mr. Easton stated that he does not believe it would be feasible to construct an access road from Manley Road to the golf course, particularly since it appears that road would need to traverse a State park. He then stated his willingness to work on a road which would connect Manley Road to U.S. Highway 10, suggesting that would be a more logical connection. . Acting City Manager Brey reminded the Commission it has been a long-standing policy to -require 60-foot wide rights-of-way for streets; however, he suggested it may be appropriate to acquire different widths of right-of-way within this annexation, particularly if the Commission wishes to encourage clustered development. No one was present to speak in opposition to the proposed annexation. It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the 09-14-92 ----..-.--. --------- .--. ----- - 6 - Commission authorize staff to prepare a resolution of intent to annex the subject property and bring it back for Commission action as soon as possible. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Vincent, 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 ) Letter from Opal Dieruf, 209 Henderson, raising concerns about the asphalt pathway constructed along South Third Avenue. (2) Agenda and packet for the City-County Planning Board meeting to be held at 7:00 p.m. on Tuesday, September 15, in the Commission Room. (3) Agenda and packet for the Board of Adjustment meeting to be held at 1 :30 p.m. on Thursday, September 17, in the Commission Room. (4) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, ~ September 15. ...,.., (5) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, September 15, at the Carnegie Building. (6) Agenda for the Design Review Board meeting to be held at 4:00 p.m. on Tuesday, September 15, at the Carnegie Building. (7) Acting City Manager Brey submitted his report, as follows. (1) Reminded the Commissioners that staff needs a response on whether two or three signs per block are preferred for the neighborhood residential parking districts. He noted that pictures of the signs will be available for those Commissioners who were unable to view the signs which were posted a few weeks ago. (2) Met with residents of the northeast neighborhood a couple weeks ago regarding . urban renewal. He noted this item will be forthcoming in the next few weeks for Commission consideration. (3) Announced the meeting scheduled for 10:00 a.m. on Wednesday, at which time a status report will be submitted on the Idaho Pole Superfund Site. (4) Noted staff has been working on possible revisions to the annexation policy over the past couple weeks. He suggested that steps should be taken to ensure that comments from the School District, Sheriff, rural fire districts and others be solicited early in the process, if they are impacted. (5) Noted that the 09-14-92 --..-- . ------- --- , . - 7 - Bozeman chapter of the Coalition of Montanans Concerned with Disabilities has recently been formed; and they are interested in the City's roles and responsibilities concerning the Americans with Disabilities Act. (6) Noted the RFO for the Senior Center expansion is near completion; and responses will be solicited in the near future. (7) Noted the position vacancy for Personnel Director .has been advertised; and the advertisement for the Grantwriter/Neighborhood Coordinator should be forthcoming in the next week. (8) Reminded the Commission that City Manager Wysocki is attending the ICMA Conference. (8) Mayor Swanson announced that he attended the Legislative Committee meeting for the Montana League of Cities and Towns on Friday. He then indicated that he has information from that meeting which he will have copied for discussion at next week's meeting, particularly since these resolutions will be presented at the League meeting in October for action. (9) Mrs. Daria Joyner, Executive Director of the Bozeman Area Chamber of Commerce, gave a brief report on the Balloon Ouest, noting that with the sales, activities and other festivities, the event seemed to be a success. She noted that the sunrise launch on Friday went as scheduled; however, weather curtailed the remainder of the scheduled activities. She then stated that many Aof the people attending this event indicated an interest in coming back next year, though it would ',., not be a part of a special activity like this year's travels. Consent Items The Acting City Manager presented to the Commission the following Consent Items. MultiDle deviations - Sam Burden. 211 West Peach Street - to allow structure to encroach 3 feet into 25-foot front yard setback: to allow garaae addition to encroach 11 feet into 20-foot rear yard setback Acknowledge receiDt of SID Detition from Mike Potter for Cascade Subdivision - imDrovements to West Babcock Street: refer to staff Authorize Mavor to sian Findinas of Fact and Order - Preliminarv Dlat for Westfield Subdivision. Phase III Proclamation - "Constitution Week" - SeDtember 17-23. 1992 Claims . It was moved by Commissioner Vincent, seconded by Commissioner Frost, 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 Frost, Commissioner Stiff and Mayor Swanson; those voting No, none. 09-14-92 ----------- , . - 8 - Adjournment - 4:19 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Stiff, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, . Commissioner Stiff, Commissioner Vincent and Mayor Swanson; those voting No, none. ATTEST: ~ ;/~ ROBIN L. SULLIVAN Clerk of the Commission . . 09-14-92 ----