HomeMy WebLinkAbout2002-07-15 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
July 15, 2002
The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal
Building, on Monday, July 15, 2002, at 7:00 p.m. Present were Mayor Steve Kirchhoff, Commissioner
Marcia Youngman, Commissioner Lee Hietala, Commissioner Jarvis Brown, CommissionerAndrew Cetraro,
City Manager Clark Johnson, Director of Public Service Debbie Arkell, Staff Attorney Tim Cooper and Clerk
of the Commission Robin Sullivan.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
City Manager Johnson requested that Commission Resolution Nos. 3523 and 3524 be removed
from the Consent Items for discussion.
Minutes - January 18, 2000, and May 13, May 20 and July 8, 2002
It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the minutes
of the meeting of July 8, 2002, be approved as submitted. The motion carried by the following Aye and No
vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Brown,
Commissioner Cetraro and Mayor Kirchhoff; those voting No, none.
Mayor Kirchhoff deferred action on the minutes of the meetings of January 18, 2000, and May 13
and May 20, 2002, to a later date.
Consent Items
City Manager Johnson presented to the Commission the following Consent Items.
Authorize City Manager to siqn - Interlocal Aqreement between City of Bozeman and
City of Livinqston for building inspection services
Authorize City Manager to sign - Acceptance of Sewer and Water Pipeline and
Access Easement and Aqreement - Michael A. Promisco - 30-foot and 2S-foot-
wide easements across Lot 5, Block 1, North Meadows Subdivision, Phase II
(for Madison Place Condominiums)
Application for Liquor License - Duck's Lounge, 2405 West Main Street #8 - Calendar
Year 2002; continqent upon meetinq conditions of CUP
Appointment of Commissioner Brown and Commissioner Cetraro to sub-committee
to review Pledqed Securities as of June 30, 2002
Buildinq Inspection Division report for June 2002
Claims
It was moved by Commissioner Hietala, seconded by Commissioner Brown, 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 Hietala, Commissioner Brown, Commissioner Cetraro, CommissionerYoungman and Mayor
Kirchhoff; those voting No, none.
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Public hearinq - intent to annex 10.3186 acres located in the El/,, W%, SW%, Section 35, TlS, RSE,
MPM (north side of Baxter Lane, west of Thomas Lane) - DAK, LLC (A-02005)
This was the time and place set for the public hearing on the City's intent to annex 10.3186 acres,
as requested by DAK, LLC, under Application No. A-02005, as established by Commission Resolution No.
3520, entitled:
COMMISSION RESOLUTION NO. 3520
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.
The subject property is located in the east one-half, west one-half, southwest one-quarter of Section
35, Township 1 South, Range 5 East, Montana Principal Meridian. It is located along the north side of
Baxter Lane between Thomas Lane and Davis Lane, and its address is 5349 East Baxter Lane.
Mayor Kirchhoff opened the public hearing.
Assistant Planner Jami Morris presented the staff report. She stated the subject property is
immediately east of the Sime/Darvis property that was approved for annexation last year but for which the
process has not yet been completed. The property does, however, lie across Baxter Lane from property
that is within city limits, so it is contiguous on its southern boundary.
The Assistant Planner stated that this application has been reviewed in light of the four goals and
eleven policies set forth in Commission Resolution No. 3137, and staff's comprehensive findings are
contained in the written staff report. As a result of those findings, staff recommends approval of the
annexation, subject to the following items being addressed prior to or in the annexation agreement:
The owner shall record with the County Clerk and RecordeCs office executed
Waivers of Right to Protest Creation of SIDs to be filed with the Annexation
Agreement for the following:
a. City-wide Parks Maintenance District
bo
Street improvements including paving, curb/gutter, sidewalk and
storm drainage facilities for Baxter Lane and Thomas Lane/North
27th Avenue
Water main improvements for trunk water lines for Baxter Lane
Water Lines and Davis Lane/Fowler Lane Water Lines
Any sewer main that will allow for gravity collection service to the
property.
A payback district has been created for the signalization improvements at the
intersection of Baxter Lane and North 19th Avenue. The applicant will be required
to make full payment prior to annexation.
The owner shall provide a public street and utility easement for Baxter Lane. The
easement shall be 50 feet wide, which is one half of a minor arterial standard as
shown in the Transportation Plan.
Upon annexation and upon availability of service, all dwellings shall connect to city
water and sewer services.
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The property owner shall provide usable water rights, or cash-in-lieu thereof, in an
amount to be determined by the Director of Public Service, at the time of subdivision,
building permit or site plan approval for any development, whichever occurs first.
The Annexation Agreement, which addresses all terms placed on the annexation
application by the City Commission, shall be returned to the City of Bozeman
Planning and Community Development Department within one year of a City
Commission decision to annexthe property, or annexation approval shall be null and
void.
The applicant shall submit an annexation map with a legal description of the
property, showing the existing public utilities (water, sewer, roadways and storm
drainage) and improvements on the property; and showing adjacent developments
(subdivision name, block and lots). The map shall also show rights-of-way and public
easements within and adjacent to the property. The map must be supplied on a
mylar (18-inch by 24-inch) for City records, one (1) digital copy on a double-sided,
high density 3%-inch floppy disk or compact disk and on either letter or legal size
paper for recording with the Annexation Agreement by the Gallatin County Clerk and
Recorder. The maps must be acceptable to the Director of Public Service.
Connection to municipal water will require extension of the 12oinch water main at
Thomas Drive and Baxter Lane to the west property line of the proposed annexation.
Water mains serving this proposed tract must be looped with no dead end mains
exceeding 500 feet. This ensures adequate fire protections and water quality.
10.
To provide sanitary sewer service to this proposed annexation will require extension
of the Cattail Creek outfall sanitary sewer main.
Commissioner Youngman asked if the language pertaining to affordable housing has been omitted
from both this annexation and the next annexation request for a reason, such as the size of the parcels, or
because of an oversight. She forwarded her interest in ensuring that this language is included for all
annexations until the Commission has had an opportunity to develop a policy and guidance to staff.
Mayor Kirchhoff stated his concurrence, noting that if the language regarding affordable housing is
included in the annexation agreement and the Commission determines a ten-acre parcel is too small to
require a percentage of affordable units, the issue is moot.
Senior Planner Dave Skelton indicated that staff can draft proposed language based on the
contingencies for the Mahar annexation, acknowledging that this type of language in the annexation
agreement allows for consideration of affordable housing during subdivision review or site plan review.
Mr. Matt Cotterman, C&H Engineering, representing the applicant, indicated a willingness to respond
to questions
Mr. Ron Lewis, 5251 Baxter Lane East, stated he owns the property immediately to the west of the
subject property. He voiced his opposition to the requested annexation, questioning who would want a 10-
acre subdivision adjacent to his property. He noted that when he bought his property, it was with the
anticipation of having horses and hay and a chance to retire in a rural setting.
Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing.
In response to CommissionerYoungman, Assistant Planner Morris confirmed this property is located
within the sewer service area and the urban growth area.
It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the Commission
authorize and direct staff to bring back an annexation agreement, including language addressing Items 1
through 10 above and a plan for affordable housing, if appropriate, for Commission consideration. The
motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown,
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Commissioner Cetraro, CommissionerYoungman, Commissioner Hietala and Mayor Kirchhoff; those voting
No, none.
Public hearinq - Zone Map Amendment - establish initial municipal zonin_cl desiqnation of "R-3" on
10.3186 acres located in the El/2, WV=, SW%, Section 35, T1 S, RSE, MPM (north side of Baxter Lane,
west of Thomas Lane) - DAK, LLC (Z-02067)
This was the time and place set for the public hearing on the Zone Map Amendment requested by
DAK, LLC, under Application No. Z-02067, to establish an initial municipal zoning designation of "R-3",
Residential--Medium-density, on 10.3186 acres located in the east one-half, west one-half, southwest one-
quarter of Section 35, Township 1 South, Range 5 East, Montana Principal Meridian. It is located along the
north side of Baxter Lane between Thomas Lane and Davis Lane and is known as 5349 East Baxter Lane.
Mayor Kirchhoff opened the public hearing.
Assistant Planner Jami Morris presented the staff report. She stated that staff has reviewed this
application in light of the twelve criteria set forth in Montana Code Annotated, and staff's comprehensive
findings are contained in the written staff report. She briefly highlighted the surrounding zoning
designations, which include "R-3" to the south and east" and "AS" to the north and west. She indicated that,
based on the findings, staff forwarded a recommendation for approval and the Zoning Commission
concurred in that recommendation following its review on June 18.
Mr. Matt Cotterman, C&H Engineering, representing the applicant, indicated a willingness to respond
to questions
No one was present to speak in opposition to the requested zoning.
Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing.
Commissioner Hietala stated it seems there is adequate land zoned for density development, and
he feels a less dense zoning designation is more appropriate on the fringe of town, especially since there
is no overall master plan for development of this quarter section.
Commissioner Youngman stressed the importance of recognizing that those parcels adjacent to this
subject property which lie within city limits are also zoned "R-3". She noted that when the requested zoning
complies with the master plan and no public opposition has been received, the Commission typically
approves the request.
Mayor Kirchhoff noted that the community is growing to the northwest, and this property is not as
far west as Baxter Meadows. He then indicated his support for a sub area master plan for this quarter
section, which would help to ensure compatible development and adequate transportation opportunities,
recognizing that several different property owners would be involved. He noted that like zoning designations
typically face one another across a street, and a sub-area master plan could help to ensure that.
It was moved by Commissioner Cetraro, seconded by Commissioner Hietala, that the Commission
approve the Zone Map Amendment requested by DAK, LLC, under Application No. Z-02067, to establish
an initial municipal zoning designation of "R-3", Residential--Medium-density, on 10.3186 acres located in
the east one-half, west one-half, southwest one-quarter of Section 35, Township 1 South, Range 5 East,
Montana Principal Meridian, subject to the following conditions:
The Ordinance for the Zone Map Amendment shall not be adopted until the
Resolution of Annexation is completed and approved by the City Commission. If the
annexation is not approved, the application shall be void.
The applicant shall provide a metes and bounds legal description and an 8Y~-inch
by 11-inch or 8%-inch by 14-inch map of the area to be zoned, acceptable to the
Director of Public Service, which will be utilized in the preparation of the Ordinance
to officially amend the City of Bozeman Zoning Map.
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The motion carried by the following Aye and No vote: those voting Aye being Commissioner Cetraro,
Commissioner Hietala and Commissioner Brown; those voting No being Commissioner Youngman and
Mayor Kirchhoff.
In light of the above discussion, Commissioner Youngman suggested that the applicant be
encouraged to work with other landowners in the area to develop a sub-area plan; the Commissioners
concurred.
Public hearinq - intent to annex 10.64 acres described as Tract 2, COS No. 1855, and a portion of
48 FM 220, located in the NE%, Section 11, T2S, RSE, MPM (north side of West Babcock Street,
immediately west of Kirk Park) - David MacDonald for the Estate of Eula May Lessley (A-02003)
This was the time and place set for the public hearing on the City's intent to annex 10.64 acres, as
requested by David MacDonald for the Estate of Eula May Lessley under Application No. A-02003, as
established by Commission Resolution No. 3518, entitled:
COMMISSION RESOLUTION NO. 3518
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.
The subject property is described as Tract 2, Certificate of Survey No. 1855, and a portion of 48 FM
220, located in the northeast one-quarter of Section 11, Township 2 South, Range 5 East, Montana Principal
Meridian. It is located along the north side of the 2300 block of West Babcock Street, approximately 200
feet west of its intersection with West Main Street.
Mayor Kirchhoff opened the public hearing.
Senior Planner Dave Skelton presented the staff report. He stated the subject parcel lies
immediately west of Gibson's and Kirk Park and immediately east of the HRDC land trust development and
is bounded on the south by West Babcock Street and on the north by West Beall Street, and is bounded
by city limits on all four sides.
The Senior Planner stated that staff has reviewed this application in light of the four goals and
eleven policies set forth in Commission Resolution No. 3137, and staff's comprehensive findings are
contained in the written staff report. He briefly highlighted those findings and forwarded staff's
recommendation for approval of the requested annexation, subject to the following issues being addressed
prior to or in the annexation agreement:
That the applicant execute at the Gallatin County Clerk and Recorder's Office
waivers of right-to-protest creation of SIDs for:
ao
Street improvements to include paving, curb and gutter, sidewalk,
and stormwater drainage improvements and any associated traffic
signals for: 1) West Babcock Street.
The documents filed shall specify that in the event an SID is not utilized for the
completion of these improvements, the developer agrees to participate in an
alternate financing method for the completion of said improvements on a fair share,
proportionate basis as determined by square footage of property, taxable valuation
of the property, traffic contribution from the development, or a combination thereof.
That the applicant execute at the Gallatin County Clerk and Recorder's Office a
waiver of right-to-protest creation of SIDs for a City-wide Park Maintenance District,
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10.
11.
12.
which would provide a mechanism for the fair and equitable assessment of
maintenance costs for City parks as part of the Annexation Agreement.
That the applicant provides and files with the Clerk and Recorder's Office executed
Public Street and Utility easements for a 45-foot easement for the north one-half of
West Babcock Street.
That provisions for water rights or cash-in-lieu of water rights in an amount
determined by the Director of Public Service be provided in the Annexation
Agreement whereby it is executed by the land owner prior to final subdivision plat
approval, final site plan approval, or issuance of any building permits, whichever
occurs first, prior to the City Commission adopting the Resolution of Annexation and
accepting the Annexation Agreement.
The property owner should be advised that prior to development of the property, the
future developer(s) may be required to prepare, at their own expense, a
comprehensive design report evaluating existing capacity of water and sewer
utilities, stormwater master plan and traffic impacts.
That at the time of connection to the City's water and sewer facilities, the landowners
shall pay all applicable water and sewer impact fees that are due. The landowners
and their successors shall pay all fire, street, water and sewer impact fees required
by Chapter 3.24, Bozeman Municipal Code, or as amended at the time of application
for any permit listed therein.
The Annexation Agreement should include notice that, prior to development, the
developer will be responsible for installing any facilities required to provide full
municipal services to the property in accordance with the City's infrastructure Master
Plan and all city policies and guidelines that may be in effect at the time of
development.
An Annexation Map, titled "Lessley Annexation Map" with a legal description of the
property shall be submitted by the applicant for use with the Annexation Agreement.
The map must be supplied on a mylar for City records (18-inch by 24-inch), a
reduced 8~-inch by 11-inch or 8V~-inch by 14-inch exhibit for filing with the
Annexation Agreement at the County Clerk and Recorder's Office, and a digital copy
for the City Engineer's Office. This map must be acceptable to the Director of Public
Service and the City Engineer's Office, and shall be submitted with the signed
Annexation Agreement.
That the applicant executes all contingencies and terms of said Annexation
Agreement with the City of Bozeman within one (1) year of approval by the
governing body, or annexation approval shall be null and void.
Prior to any development on the subject annexation, a stormwater drainage and
grading plan shall be provided to and approved by the City Engineer. The plan must
demonstrate that adequate treatment of runoff from the public streets and all future
lots will be achieved by providing spot elevations, flow direction arrows,
detention/retention basin details (including basin sizing calculations and basin typical
sections), outlet structure details and culvert capacity calculations. The plan must
also locate and provide easements for adequate drainage ways within the
annexation area to transport treated runoff to the stormwater receiving channel.
The applicant is advised that the subject property is in both the Main MalI/HRDC
Sewer Payback District and the SID 622 Water Payback District. The required
paybacks to these districts must be made prior to issuance of building permits on
said property.
The applicant is advised that water mains in excess of 500 feet long must be looped.
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The Senior Planner indicated that, in light of the action on the previous annexation request, the
Commission may wish to add language regarding affordable housing on this annexation as well.
Staff Attorney Tim Cooper encouraged the Commissioners to simply include a contingency requiring
affordable housing if determined appropriate at this time, rather than trying to develop specific language.
Mr. Dave MacDonald, applicant, asked what the definition of affordable housing is. He noted that,
when looking at this property, he considered what would be the highest and best use that would be
compatible with surrounding development; and he has attempted to address issues identified during public
input on a previous proposal for this site. He indicated his intent is to create a condominium development
with buildings no taller than two stories. His goal is to create a development compatible with the HRDC land
trust project and Willowbrook, with nice condominiums priced under $150,000.
Commissioner Youngman noted .that the City was heavily involved in the HRDC land trust
development project, particularly through grant proposals. She voiced her strong interest in ensuring that
those units are protected and allowed to appreciate in value, and she feels that large two-story buildings
immediately adjacent to these small one-story houses could be detrimental. As a result, she is bothered
by the possibility of"R-3" zoning on this property without something in the annexation agreement to protect
the west side of the property.
Mr. MacDonald assured Commissioner Youngman that his intent is to do a nice complex, not
apartment-style condominiums. He also indicated an interest in pricing the units at a level that discourages
purchase as rental units, yet is in an affordable price range. He then indicated that any proposal for
development of this property will be subject to Commission review and approval.
Further responding to Commissioner Youngman, Mr. MacDonald stated he is interested in
preserving at least some of the buildings and trees on the southern portion of the property if possible. He
noted the house does need some work but he wishes to retain it and possible some of the out buildings.
He indicated that is on a separate lot, which he anticipates will be developed separate from the residential
portion of the site.
Mr. Chris Budeski, Allied Engineering, noted this is an infill parcel and is located in the payback area
for two sewer districts. He also reminded the Commission that annexation of this property will result in an
increased tax base for the City.
Mr. Tom Fellows, 2400 Durston Road #78, stated he was one of the principals in development of
the Willowbrook project. He noted his concerns include density and traffic. He then voiced support for
Commissioner Youngman's comments and concerns.
Senior Planner Skelton addressed the definition of affordable housing, noting it is based on 80
percent of median income; and that amount would be less than $150,000. In light of the concerns voiced
by Commissioner Youngman, he suggested that a sentence from his memo dated July 10, regarding
sensitivity to the surrounding area and development, be included in the issues to be addressed in the
annexation agreement.
Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing.
It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the
Commission authorize and direct staff to bring back an annexation agreement for Commission consideration
which addresses Items I through 12 listed above; includes a provision for a plan that addresses affordable
housing as appropriate; and includes a requirement that a development plan be compatible with, and
sensitive to, the immediate environment of the site and the adjacent neighborhoods relative to architectural
design, building mass and height, neighborhood identity, landscaping, historical character, orientation of
buildings and visual integration. The motion carried by the following Aye and No vote: those voting Aye
being CommissionerYoungman, Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and
Mayor Kirchhoff; those voting No, none.
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Continued public hearinq - Zone Map Amendment - David MacDonald for the Estate of Eula May
Lessley - establish initial municipal zoning designations of "R-3" and "R-O" on a '10.64-acre parcel
described as Tract 2, COS No. 1855, and a portion of 48 FM 220 (north side of 2300 block of West
Babcock Street) (Z-02033)
This was the time and place set for the continued public hearing on the Zone Map Amendment
requested by David MacDonald for the Estate of Eula May Lessley under Application No. Z-02033, to
establish initial municipal zoning designations of "R-3", Residential--Medium-density, and "R-O", Residential-
-Office, on a 10.64-acre parcel described as Tract 2, Certificate of Survey No. 1855, and a portion of 48 FM
220. The subject property is located along the north side of the 2300 block of West Babcock Street.
Included in the Commissioners' packets were a petition with signatures from seventeen of the
homeowners in the West Babcock Land Trust Subdivision; a letter from Terri Shereck, 202 North 24th
Avenue; a letter from Alaina Lammer Knight and Phil Knight, 205 North 24th Avenue; and a letter from the
Human Resource Development Council, all voicing concern about the proposed zoning.
Mayor Kirchhoff reopened the continued public hearing.
Senior Planner Dave Skelton presented the staff report. He stated that under this application, the
southern 2.6 acres are to be zoned "R-O" with the remaining 8+ acres being zoned "R-3". He indicated that
staff has reviewed this application in light of the twelve criteria set forth in the zone code, and staff's
comprehensive findings are contained in the written staff report. He briefly highlighted those findings, noting
that staff forwarded a recommendation for approval; and following its review on June 18, the Zoning
Commission concurred in that recommendation.
Senior Planner Skelton stated that four letters have been received regarding the requested zoning;
and concerns identified include traffic, compatibility, sensitivity, integrity of the site, and orientation of
buildings. He acknowledged these concerns but noted they are issues to be addressed during subdivision
review or site plan review. He noted that the Commission has also received a petition in opposition to the
requested zoning, but he has been unable to review that petition to verify if it triggers the requirement for
a super-majority vote to approve the zoning.
Mr. Chris Budeski, Allied Engineering, noted he had also represented the previous applicant, who
was seeking an "R-4" zoning on this parcel. He stated that at that time, the neighbors indicated they would
accept an "R-3" zoning designation. He stated the differences between the "R-3" zoning requested and the
"R-3A" proposed by the neighbors are minimal; however, "R-3" does provide more flexibility in configuring
an attractive and compatible development.
Mr. Jeff Rupp, Executive Director of the Human Resource Development Council, noted the HRDC
owns the property immediately to the west; and it has been developed with apartments, the Head Start
facility and single-family residences. He stressed the importance of recognizing that the zoning goes with
the property, and there is no assurance that Mr. MacDonald will be the developer. He then indicated he is
not sure whether he supports an "R-3" zoning since the final site plan determines how the property will be
developed. He indicated the key issue is limiting development on the western portion of the property to one
story, stating he would have preferred to construct a two-story Head Start facility but proceeded with a one-
story building because the neighbors requested it.
Mrs. Bev Wallace, Unit 47 in Willowbrook, stated she lives across West Beall Street from this
subject property. She likes what she has heard in this public hearing, but asked that traffic impacts be
carefully considered. She stated there are many children who go to Kirk Park, many young ones live in the
HRDC housing, and there are a "lot of old folk in Willowbrook who move slowly."
Mr. Joe Hamner, 111 Michael Grove Avenue, asked that an initial zoning of "R-3A" be approved,
at least until a major site plan has been submitted. He noted that he lives in an "R-3" zoned area that is
developed with condominiums; and the result has been many rentals with cars parked across sidewalks and
in front of fire hydrants.
Mrs. Alaina Lammer Knight, 205 North 24th Avenue, encouraged the Commission to consider the
comments in the petition that has been submitted.
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Mr. Dave MacDonald stated that, with the safeguards in the Bozeman 2020 Community Plan and
the review processes in place, he feels an appropriate project can be developed. He then indicated that
he has toured the various condominium projects in Bozeman, and he recognizes the importance of a well
designed project. He concluded by stressing that there are financing restrictions on condominiums that
allow only one-third of the units to be rentals.
Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing.
Commissioner Hietala stated his support for the requested "R-3" zoning, stating he feels it is
appropriate for infill development. He suggested that, with the additional language in the annexation
agreement, a compatible development can be assured.
Responding to Commissioner Youngman, the other Commissioners indicated they feel a
commitment to assuring development of this property does not negatively impact the HRDC housing project
or Willowbrook.
It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the Zone Map
Amendment requested by David MacDonald for the Estate of Eula May Lessley under Application No.
Z-02033, to establish initial municipal zoning designations of"R-3", Residential--Medium-density, and "R-O",
Residential--Office, on a 10.64-acre parcel described as Tract 2, Certificate of Survey No. 1855, and a
portion of 48 FM 220 be approved subject to the following conditions:
The ordinance for the Zone Map Amendment shall not be adopted until the
Resolution of Annexation is completed and adopted by the City Commission. If the
annexation is not approved, the application shall be void.
The applicant shall submit a zone map amendment map, titled "Lessley Zone Map
Amendment", on a 24-inch by 36-inch mylar, 8% -inch by 11-inch or 8% -inch by 14-
inch paper exhibit, and a digital copy of the area to be zoned, acceptable to the
Director of Public Service, which will be utilized in the preparation of the ordinance
to officially amend the City of Bozeman zoning map. Said map shall contain a metes
and bounds legal description of the perimeter of the subject property, total acreage
of the property and adjoining rights-of-way and/or street access easements.
The ordinance for the Zone Map Amendment shall not be drafted until the applicant
provides a metes and bounds legal description and map of the area to be rezoned,
which will be utilized in the preparation of the ordinance to officially amend the City
of Bozeman zoning map.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala,
Commissioner Brown, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting
No, none.
Break - 8:50 to 8:55 p.m.
Mayor Kirchhoff declared a break from 8:50 p.m. to 8:55 p.m., in accordance with Commission
policy.
Discussion re proposal by Betsy Webb, Institute for Public Strategies, for creation of a Bozeman
Alcohol Policy Council
Ms. Betsy Webb, Institute for Public Strategies, briefly highlighted the request for creation of a
Bozeman Alcohol Policy Council, stressing that this is a collaborative proposal from several local agencies
in response to the issues of underage drinking and the high incidence of DUIs in the community. She noted
that a comprehensive approach that includes education, enforcement and public policy is needed to
adequately address these issues. The Council would review existing policies and enforcement of those
policies, and then make recommendations for reducing the alcohol problems. She stressed the importance
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of the Council being created by the City since this is a public safety issue, and asked that one City
Commissioner serve on it to minimize education of the entire Commission after the recommendations have
been developed.
Responding to Mayor Kirchhoff, Ms. Webb acknowledged the demands on City stafftime, noting that
she had not included a staff person in her original list of suggested participants. She noted that discussions
with City Manager Johnson have suggested Deputy Director of Public Safety-Transition Bill Kayser could
participate.
Further responding to the Mayor, Ms. Webb stated she had initially proposed nine months to
complete the task, but acknowledged it could probably be done in six months. She suggested that the
Council hold a few initial meetings, then establish work groups, with those groups coming together again
to develop the recommendations. The end product is to be a report and recommendations to the
Commission.
Mayor Kirchhoff stated he would like to see the end product in broad language, and not prototype
ordinances. He noted that information can then be submitted to the City's legal staff for drafting of the
needed ordinances. He then indicated his support for the Council as proposed.
Commissioner Cetraro stated that, while he supports the concepts of this Council, he feels it should
move forward without City involvement.
Commissioner Youngman noted this is not just a private sector issue, and she feels that making the
Council advisory to the Commission is appropriate.
Commissioner Hietala noted that the problem is not just in Bozeman but is a much broader problem.
As a result, he asked that the solution include Bozeman but not target Bozeman.
It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the Commission
approve the appointment of a Bozeman Alcohol Policy Advisory Council, to include representation from the
City Commission. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Brown, CommissionerYoungman and Mayor Kirchhoff; those voting No being Commissioner
Cetraro and Commissioner Hietala.
The Commission determined that they should appoint this Council at next week's meeting. As a
result, each Commissioner is to submit three or four names to the Mayor prior to next Monday so a ten to
twelve-member Council can be appointed.
Appointments to various boards and commissions: Beautification Advisory Board, Board of
Appeals, Community Affordable Housinq Advisory Board, Community Development Block Grant
Economic Development Loan Review Committee, Desi,qn Review Board, Downtown Bozeman
Improvement District Board (IDB), Downtown Business Improvement District Board (BID), Historic
Preservation Advisory Board, Library Board of Trustees, Parkinq Commission, Recreation and
Parks Advisory Board, Tax Increment Financinq Industrial District (TIFID) Board, Transportation
Coordinatinq Committee, and Tree Advisory Board
Included in the Commissioners' packets was a memo from Deputy Clerk of the Commission Carolyn
Wilmont, dated July 11, forwarding the list of applicants for the various boards and commissions.
Beautification Advisory Board It was moved by Commissioner Hietala, seconded by
Commissioner Brown, that Christopher Nixon and Terry Quatraro be reappointed and that Elissa Ann
Zavora be appointed to replace Elizabeth Galli-Noble, all with three-year terms to expire on June 30, 2005.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala,
Commissioner Brown, Commissioner Cetraro, CommissionerYoungman and Mayor Kirchhoff; those voting
No, none.
Board of Appeals There were no applications for this vacancy.
07-15-2002
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Community Affordable Housing Advisory Board It was moved by Commissioner Brown,
seconded by Commissioner Cetraro, that Lynda Upton be reappointed as the Iow-income representative
and that Travis Schnicke be reappointed as the construction representative, with three-year terms to expire
on June 30, 2005. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Brown, Commissioner Cetraro, CommissionerYoungman, Commissioner Hietala and Mayor
Kirchhoff; those voting No, none.
Community Development Block Grant Economic Development Loan Review Committee It
was moved by Commissioner Youngman, seconded by Commissioner Hietala, that Jack Thompson be
reappointed as the Capital Operations representative and that Thomas Wells be reappointed as the HRDC
representative, with two-year terms to expire on June 30, 2004. The motion carried by the following Aye
and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner
Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none.
Design Review Board It was moved by Commissioner Youngman, seconded by Commissioner
Hietala, that Dawn Smith be reappointed as a non-professional member of the Design Review Board, with
a two-year term to expire on June 30, 2004. The motion carried by the following Aye and No vote: those
voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Brown, Commissioner
Cetraro and Mayor Kirchhoff; those voting No, none.
Downtown Bozeman Improvement District Board (IDB) It was moved by Commissioner Brown,
seconded by Commissioner Cetraro, that Russell C. Nelson be appointed to replace Jeff Krogstad as a non-
voting member with an initial term to expire on June 30, 2005; that Thomas M. Nygard be appointed to
replace Clarkston B. Rollins as a non-voting member with an initial term to expire on June 30, 2003; that
Anthony Rich be appointed to replace Rick Weaver as a non-voting member with a four-year term to expire
on June 30, 2006; and that Steve Schnee be reappointed as a voting member with a four-year term to
expire on June 30, 2006. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Brown, Commissioner Cetraro, CommissionerYoungman, Commissioner Hietala and Mayor
Kirchhoff; those voting No, none.
Downtown Business Improvement District Board (BID) It was moved by Commissioner
Youngman, seconded by Commissioner Hietala, that Bert Hopeman be reappointed with a four-year term
to expire on June 30, 2006. The motion carded by the following Aye and No vote: those voting Aye being
CommissionerYoungman, Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and Mayor
Kirchhoff; those voting No, none.
Historic Preservation Advisory Board It was moved by Commissioner Hietala, seconded by
Commissioner Cetraro, that Thomas Bitnar, Ben Lloyd and Maire O'Neill be reappointed as professional
members; that Jon Gerster be reappointed as a neighborhood representative; that Dede Taylor be
reappointed as an at-large member; and that Liza J. Nicholas be appointed to replace Jeff Rupp as an at-
large member, all with two-year terms to expire on June 30, 2004. The motion carried by the following Aye
and No vote: those voting Aye being Commissioner Hietala, Commissioner Cetraro, Commissioner
Youngman, Commissioner Brown and Mayor Kirchhoff; those voting No, none.
Library Board of Trustees Mayor Kirchhoff reappointed Holly Brown to the Library Board with a
five-year term to expire on June 30, 2007. The Commission concurred in the Mayor's appointment.
Parking Commission Mayor Kirchhoff reappointed Jeff Rupp and Steve Schnee to the Parking
Commission with four-year terms to expire on June 30, 2006. The Commission concurred in the Mayor's
appointments.
Recreation and Parks Advisory Board It was moved by Commissioner Youngman, seconded
by Commissioner Brown, that Thane Richard and Josh Mosby be reappointed as student representatives
on the Recreation and Parks ,Advisory Board, with one-year terms to expire on June 30, 2003. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner
Brown, Commissioner Cetraro, Commissioner Hietala and Mayor Kirchhoff; those voting No, none.
Tax Increment Financing Industrial District (TIFID) Board There were no applications for this
vacancy.
07-15-2002
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Transportation Coordinating Committee No applications were received for this vacancy.
Tree Advisory Board It was moved by Commissioner Youngman, seconded by Commissioner
Hietala, that Shelly Engler and Steve Gullickson be reappointed with two-year terms to expire on June 30,
2004. The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Youngman, Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those
voting No, none.
Commissioner Hietala voiced concern about the appointment process and asked that
Commissioners be given notice of when appointments are to appear on the agenda so they can be better
prepared.
Commissioner Youngman noted it is important for the Commissioners to begin actively seeking
applications for those vacancies remaining on the various boards, identifying the Design Review Board and
the Transportation Coordinating Committee as two of those most desperately needing active members.
The Commission requested that these appointments be placed back on the agenda as soon as
additional applications have been received.
Commission Resolution No. 3523 - appropriation resolution for Fiscal Year 2002-2003
Included in the Commissioners' packets was a copy of Commission Resolution No. 3523, entitled:
COMMISSION RESOLUTION NO. 3523
A RESOLUTION OF THE CITY COMMISSION OFTHE CITY OF BOZEMAN, MONTANA,
APPROPRIATING FUNDS FOR VARIOUS BUDGET UNITS, AND FURTHER
ESTIMATING REVENUE NECESSARY TO OPERATE AND MAINTAIN SERVICES OF
MUNICIPAL GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30, 2003.
Mayor Kirchhoff stated he was surprised to see this item listed under the Consent Items and had
requested it be removed for discussion since he wants to know more about the changes proposed by
Commissioner Hietala and Commissioner Brown and any possible ripple effects or unintended
consequences.
Administrative Services Director Miral Gamradt stated that adjusting the proposed rate increases
in the enterprise funds to reflect the actual 2-percent growth rate rather than the projected 1-percent growth
rate will have minimal effect. He noted, in fact, that the revenues in the Water Fund can show variations
far in excess of impacts from the change in rates that Commissioner Brown has proposed. He then
indicated that spreading the costs of the new city shop complex over three years, as proposed by
Commissioner Hietala, is appropriate and will not negatively impact that project. He stated, in fact, that only
purchase of the property and possibly some planning are anticipated in this fiscal year, with construction
to occur in the next two fiscal years.
The Administrative Services Director assured the Commission that the revenue projections are
conservative, and he does not anticipate the types of problems currently facing the State of Montana.
Commissioner Brown asked for a review of the personnel levels in the Commission budget, noting
that the adjustments previously approved by the Commission on FTE levels will result in 1.0 additional FTE
for the Commissioners, but it appears there is 1.0 additional FTE in the Clerk's office. As a result of
discussion on this issue, a majority of the Commissioners agreed that the new full-time position in the Clerk's
office should be eliminated at this time, with additional discussion to occur during a session on personnel.
Responding to Commissioner Brown, the Administrative Services Director stated that adjustments
to the Municipal Judge's salary are not included in the budget at this time, but would be covered by a budget
amendment after the Commission has set the salary.
07-15-2002
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It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that Commission
Resolution No. 3523, the appropriation resolution for Fiscal Year 2002-2003, be adopted. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner
Cetraro, Commissioner Youngman, Commissioner Hietala and Mayor Kirchhoff; those voting No, none.
Commission Resolution No. 3524 - mill levy resolution for Fiscal Year 2002-2003
Included in the Commissioners' packets was a copy of Commission Resolution No. 3524, entitled:
COMMISSION RESOLUTION NO. 3524
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
ESTABLISHING AND AFFIXING THE NUMBER OF MILLS TO BE CHARGED AGAINST
THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY SITUATED WITHIN THE
CORPORATE JURISDICTIONAL BOUNDARIES OF THE CITY FOR FISCAL YEAR 2002-
2003.
Mayor Kirchhoff noted he had requested this item also be removed from the Consent Items, since
it is tied to the previous agenda item.
It was moved by Commissioner Hietala, seconded by Commissioner Brown, that Commission
Resolution No. 3524, establishing the mill levies for Fiscal Year 2002-2003, be adopted. The motion carried
by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Brown,
Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting No, none.
Discussion - FYI Items
The following "For Your Information" items were forwarded to the Commission.
(1) Letter from Jamie House, 1816 Remington Way, stating support for the Town and Country
Grocers' proposal.
(2) E-mail comments from Scott Smith, 116 Silverwood Drive; Gale Farnsworth-Smith, 116
Silverwood Drive; Angela Kociolek, 620 North Tracy Avenue; Tom Manning, 2916 Westridge Drive; Dwight
and Lois Adams, 2904 Colter Avenue; Toni Hickman, 209 Westridge Drive; Marie and Gene Quenemoen,
2013 Fairway Drive; Gail Cary, 514 Cutting Street; Mr. and Mrs. Marty Glynn, 417 West Spring Creek Drive;
and Mr. And Mrs. F. W. Traeger, 2103 Highland Court; and letters from Carol Wester, 2601 Westridge
Drive; Ken and Bev Gallik, 15 Hill Street; Anne Banks, 7 Hill Street; and Henry Shovic, 19 Hill Street, voicing
strong concerns regarding Town and Country Grocers' proposal to construct a new grocery store on the
property at the intersection of South Third Avenue and Kagy Boulevard.
(3) Letters from Justices of the Peace Scott Wyckman and Gordon Smith, dated July 10; and
Daniel L. Springer, School Resource Officer with the Gallatin County Sheriff's Office, voicing support for the
proposal to review the alcohol policy in Bozeman.
(4) E-mail from Angela Kociolek, 620 North Tracy Avenue, regarding possible siting of the solid
waste transfer station and encouraging additional recycling.
(5)
Baseball.
E-mail from Planning Director Andy Epple regarding the sandwich board signs for Legion
(6)
meetings.
July 11,2002, updated listing of planning projects to be considered at upcoming Commission
(7) Memo from the Montana League of Cities and Towns regarding the special legislative
session scheduled to begin on August 5, along with a copy of the report entitled Issues with Estimates
Used in HB 124.
07-15-2002
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(8) Copy of the notice of public hearing scheduled for August 5 on the work plan and budget for
the Business Improvement District for Fiscal Year 2002-2003, along with copies of the work plans and
budgets for the Business Improvement District and the Tax Increment Financing program for Fiscal Year
2002-2003.
(9) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, July 16,
at the Willson School.
(10) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on
Tuesday, July 16, at the Professional Building.
(11 ) Agenda for the City Planning Board meeting to be held at 7:00 p.m. on Tuesday, July 16, in
the Commission Room, and notice that no Zoning Commission meeting is to be held.
(12) Agenda for the Transportation Coordinating Committee meeting to be held at 9:30 a.m. on
Wednesday, July 17, in the Commission Room.
18.
(13)
Agenda for the Montana Transportation Commission meeting to be held in Missoula on July
(14) City Manager Johnson asked if the Commission wishes to consider the request from
Fairgrounds Manager Sue Shockley for a waiver to the requirement for installation of sidewalks along
Tamarack Street and if they wish to discuss a permanent variance from the noise ordinance.
Three of the Commissioners indicated an interest in discussing the sidewalk issue with
representatives of the Fairgrounds at a future Commission meeting.
Commissioner Brown noted that the Commission had previously discussed the noise ordinance
issue and found that a waiver cannot be granted. He stated, however, that he feels it is important to work
with the County on this type of issue to ensure the Fairgrounds remain viable.
Commissioner Youngman stated she has serious concerns about excepting the Fairgrounds from
the provisions of the noise ordinance on a permanent basis, particularly because of one especially long
concert with inappropriate content.
Mr. Greg Raths, Chair of the Fair Board, noted that at the June 24 meeting, the three
Commissioners present directed staff to bring back an amendment to the ordinance for review. He then
stated that the summer fair begins on Wednesday, and it will also bump up against the provisions of the
noise ordinance. He turned his attention to the sidewalk issue, noting that the fairgrounds are losing 12
percent of their funding from the County each year and would like to spread the costs of installing the
sidewalk over five to seven years.
(15) City Manager Johnson stated that, in light of the agenda for next Monday's afternoon
agenda, the meeting is scheduled to begin at 1:30 p.m. with a presentation from Dr. Robert Freilich
scheduled from 3:00 p.m. to 5:30 p.m.
(16) City Manager Johnson stated he has grave concerns about the upcoming special legislative
session, and intends to remain in Helena for its duration to help fight for the existing funding to
municipalities. He indicated that this was the topic of discussion during a meeting with the Director of the
Montana League of Cities and Towns last week.
(17) City Manager Johnson asked if any Commissioners wish to sit on the selection committee
for consultants for either the sewer rehabilitation project or the 2003 Wastewater Treatment Plant
improvements; Commissioner Brown indicated a willingness to serve on one of the committees.
(18) Director of Public Service Arkell reported on a ruptured seal in the 24-inch transmission line
from Hyalite Reservoir to the Water Treatment Plant that occurred today near North 19th Avenue. She
noted that two crew members from the City's Water Department worked on that rupture, forcing lead into
07-15-2002
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the seal gap under extreme pressure. She stressed that Hyalite provides 80 percent of the City's water at
the present time, and failure to fix the line would have resulted in emergency rationing.
(19) The Director of Public Service submitted the following. (1) Highlighted the monthly reports
from the landfill for May and June. (2) Announced a meeting on Main Street design changes, being held
in the Weaver Room at the Emerson Cultural Center at 7:00 p.m. on Tuesday evening. Three of the
Commissioners indicated their intent to attend; and Commissioner Youngman volunteered to prepare the
minutes for that meeting. (3) Stated she intends to have a dust control product laid on a city street, and an
adjacent citizen has indicated she does not want that done because her garden is located close to the
street.
(20) Commissioner Hietala showed pictures from Ms. Wheelchair America Candy Marsh's recent
visit to Bozeman. He briefly highlighted her tour of the community and thanked those who assisted with the
event.
(21) Commissioner Brown submitted the following. (1) At Mayor Kirchhoffs request, he met with
President Gamble and two individuals who propose using 20 acres of University property for an 18-hole disc
golf course. He noted the group also wants a 9-hole disc golf course in Lindley Park. (2) Noted the transit
task force has visited four Montana communities, and some of the task force members met with County
Commissioner Murdock and County Attorney Lambert today. He noted that a municipal bus services does
not work in a community under 50,000, so it appears an urban transportation district, created by the County
Commission, would be essential to creating a viable program locally.
Adjournment - 10:42 p.m.
There being no further business to come before the Commission at this time, it was moved by
Commissioner Hietala, seconded by Commissioner Brown, that the meeting be adjourned. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner
Brown, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting No, none.
ATTEST:
ROBIN L. SULLIVAN
Clerk of the Commission
07-15-2002