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HomeMy WebLinkAbout2002-01-28 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA January 28, 2002 The Commission of the City of Bozeman met in special session in the Commission Room, Municipal Building, on Monday, January 28, 2002, at 1:30 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, Planning Director Andy Epple (for the evening session only), City Attorney Paul Luwe and Clerk of the Commission Robin Sullivan. Sianing of Notice of Special Meetin.q Each Commissioner, in tum, signed the Notice of Special Meeting. Presentation re roles and responsibilities - Local Government Center Ms. Jane Jelinski, Director; Ms. Judy Mathre, Associate Director; and Dr. Ken Weaver, Senior Research Associate, from the Local Government Center, made a presentation on the roles and responsibilities of both the City Commissioners and the City Manager under the Commission/Manager form of government. Ms. Jane Jelinski identified the issues to be covered, including roles and responsibilities; the plan of government; budgeting; and new issues on emergency planning, particularly as they pertain to terrorism. The work session was started with the Commissioners giving background on themselves, identifying what they think is right with the City, their concerns and what they feel needs to be fixed or worked on during their terms in office. Commissioner Brown recognized the steep learning curve encountered by a Commissioner. He identified the City's proactive approach on the capital improvement program as what is being done right; and stated he would like to know more about the budget process, particularly since the Commissioners don't have an office in City Hall. Commissioner Cetraro stated he is concerned about small businesses and their future in Bozeman, as well as attracting new businesses. He then characterized the City staff and Commission as a good group of people. Mayor Kirchhoff stated that serving as Mayor is significantly different from being a Commissioner. He indicated that he likes interacting with those who have concerns. What he does not like is the removal of policy makers from the professionals, noting that distance makes it difficult to know things like the budget in an.y detail. He also feels the Commission is extraordinarily reactive, and suggested that afternoon work sessions could help the Commission become less reactive. He concluded by indicating an interest in affordability, noting that often translates to affordable housing. Commissioner Youngman stated that there is "so much dght with the City", including the incredible staff and the priorities set by the Commission after listening to the staff and the public. She identified the Commissioners' pay as one thing that is wrong with the system, particularly when the number of hours worked are considered. She voiced her support for the Commission focusing more on items like affordable housing, the InterNeighborhood Council, and implementing the 2020 plan and the transportation plan. Commissioner Hietala stated he has been pleasantly surprised by the quality of the staff and their professionalism. He noted part of his platform was criticizing the 2020 plan and he stands behind that platform, stating he believes a balance in planning and zoning decisions is critical. He noted that he also 01-28-2002 -2- campaigned on runaway spending and wants to look at the budget more in depth, although his initial impression is that things are pretty well in balance. He concluded by indicating an interest in senior citizen issues and problems. Dr. Ken Weaver noted that there are 129 incorporated municipalities and 56 county governments in Montana, and the Local Government Center staff has looked at the plans of government for all of those entities. He noted that, while the plans are remarkably similar, they mask tremendous variations in the manner in which the governments operate. He stated that, effective July 1, 2001, Bozeman has the Commission/Manager form of government with self-government powers, and its underlying powers and authorities are specified in State law. Dr. Weaver encouraged the Commission to consider changing the form of government to a charter, noting that can be accomplished through a study commission in 2004, appointment of a committee now and placement of the question on the ballot when the committee has completed its work, simply placement of the issue on the ballot, or citizen initiative. He indicated that a charter provides clarity of roles and powers in a single document and can impose the limitations on taxation with which a local community may be comfortable. Responding to City Manager Johnson, Dr. Weaver stated that a significant percentage of incorporated communities and counties had local government study commissions in 1984 and 1994, and he does not anticipate that trend will change in 2004. He indicated that those who choose not to have a study commission are generally located in the eastern part of the state. The Commissioners went through a series of case studies regarding open meeting laws, preparation of agendas, quorum issues, maintaining decorum and control in Commission meetings, public input following the close of a public hearing, abstentions, policy making versus micro-management, code of ethics and public perception. Dr. Weaver concluded his portion of the presentation by distributing a memorandum on roles and responsibilities under the Commission/Manager form of government. Director Jane Jelinski turned the Commission's attention to emergency planning, noting that all municipalities in Montana have signed agreements to be part of their respective Co.unty emergency operations plan. In view of the September 11 events and Mayor Giulianrs role, there has been renewed interest in emergency planning at the municipal level. She characterized Gallatin County's emergency operations plan as a good one, noting that it is important for the Commissioners to know what their roles are in the event of an emergency. Director Jelinski noted that there has been a significant change in mail handling procedures since September 11 in response to the anthrax scares. She noted that those agencies with mail handling procedures that meet the new protocols will not be required to shut down if there is an anthrax scare; however, those agencies that have not implemented the new procedures will be required to shut down until a determination has been made. The Director turned her attention to security of staff and facilities. She cautioned that Montana is a direct route from the unprotected Canadian border to Salt Lake City. She also identified computer security as a key issue, particularly in light of virus attacks and cyber-terrorism She concluded by noting some people feel the most likely conduit for bio-terrorism is through livestock, so they are trying to get the veterinarians involved. The Commissioners thanked the members of the Local Government Center for their presentation. Break - 4:52 to 7:00 p.m. Mayor Kirchhoff declared a break from 4:52 p.m. to 7:00 p.m. 01-28-2002 -3- Pledqe of Alleqiance and Moment of Silence 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 - January 18, 2000, January 30, 2001 and January 12, January 14 and January 22, 2002 It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the minutes of the meeting of January 30, 2001, be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Brown and Mayor Kirchhoff; those voting No, none. Commissioner Hietala and Commissioner Cetraro abstained. Mayor Kirchhoff deferred action on the minutes of the meetings of January 18, 2000, and January 12, January 14 and January 22, 2002, to a later date. Consent Items City Manager Johnson presented to the Commission the following Consent Items. 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 carded 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. Public hearing - Master Plan Amendment - Springer Group Architects for Cape-France, Inc. - amend .qrowth policy desi.qnation of Business Park to Reqional Commercial on 16.19 acres described as Lot 2, COS No. 2089 (west side of North 19th Avenue between Tschache Lane extended and Baxter Lane) (P-0138) This was the time and place set for the public hearing on the Master Plan Amendment requested by Springer Group Architects for Cape-France, Inc., under Application No. P-0138, to amend the growth policy designation of "Business Park" to "Regional Commercial" on 16.19 acres described as Lot 2, Certificate of Survey No. 2089. The subject property lies along the west side of North 19th Avenue between Tschache Lane extended and Baxter Lane. Mayor Kirchhoff opened the public hearing. Included in the Commissioners' packets was a memo from Planning Director Andy Epple, dated January 23, indicating that staff has determined this Master Plan Amendment and the final plan approval for Phase IV of the StoneRidge PUD are not needed to allow the development of"M-l" uses on the subject parcel. As a result, staff is withdrawing these items for consideration. Planning Director Epple briefly reviewed his memo noting that, subsequent to advertising this public hearing, several City staff members met and determined this amendment is not necessary to allow Home Depot to proceed with its application. As a result, staff is requesting this public hearing and the next agenda item be withdrawn. Mr. Lowell Springer, architect representing the applicant, voiced his appreciation for the staffs recent meeting and determination. It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the Commission acknowledge withdrawal of this Master Plan Amendment. The motion carried by the following Aye and No 01-28-2002 -4- vote: those voting Aye being Commissioner Brown, Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala and Mayor Kirchhoff; those voting No, none. Review of final plan for Conditional Use Permit for Planned Unit Development for StoneRidqe PUD, Phase IV - 16.19 acres described as Lot 2, COS No. 2089 (west side of North 19th Avenue between Tschache Lane extended and Baxter Lane) (Z-01238) This was the time and place set for review of the final plan for the Conditional Use Permit for Phase IV of the StoneRidge Planned Unit Development, located on 16.19 acres described as Lot 2, Certificate of Survey No. 2089. The subject property lies along the west side of North 19th Avenue between Tschache Lane extended and Baxter Lane. It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the Commission acknowledge withdrawal of this agenda item. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala, Commissioner Brown and Mayor Kirchhoff; those voting No, none. Continued public hearing - Zone Map Amendment - Sprinqer Group Architects for Glen Haven Properties - establish initial zoninq designation of "R-4" on 2.65 acres lying along the south side of West Babcock Street between Donna Avenue and Vir~linia Drive (2928 West Babcock Street) (Z-01211) This was the time and place set for the continued public hearing on the Zone Map Amendment requested by Springer Group Architects for Glen Haven Properties under Application No. 7-01211, to establish an initial zoning designation of "R-4", Residential--High-density, on 2.65 acres lying along the south side of West Babcock Street between Donna Avenue and Virginia Avenue. The subject property is more commonly known as 2928 West Babcock Street. Mayor Kirchhoff reopened the public hearing, which was continued from January 7, 2002. He noted that the City has just acquired a timer system and announced time limits of ten minutes for staff and the applicant and three minutes for all others. Assistant Planner Susan Kozub presented the staff report. She noted the applicant proposes to establish an initial municipal zoning designation of "R-4", Residential--High-density, on property lying along the south side of West Babcock Street at its intersection with Michael Grove Avenue. She reminded the Commissioners that on January 14, they voted 5 to 0 to approve annexation of the subject property; and that process cannot be completed until a municipal zoning designation has been identified. Assistant Planner Kozub reviewed the surrounding zoning designations and land uses. She indicated the property to the north and the south is zoned "R-3", Residential--Medium-density, but a plat restriction on the property to the south limits development on most of the lots to single-family homes. Many of those lots have been developed, although others remain vacant. Assistant Planner Kozub noted that staff has reviewed this application in light of the criteria set forth in the zone code, and staff's comprehensive findings are contained in the written staff report. She stated that, based on those findings, staff recommended denial of the requested "R-4" zoning and suggested an "R-3" zoning designation instead. Following its public hearing on this application, the Zoning Commission concurred with staff's recommendation for "R-3" zoning. She then indicated that, in light of the letters and petitions of opposition from 42 percent of the property owners within 150 feet, a super majority vote is required. Mr. Lowell Springer, architect representing the applicant, stated they have reviewed the staff report carefully. He noted they still feel the requested "R-4" zoning is appropriate but would be willing to accept the "R-3" zoning recommended by staff and the Zoning Commission, particularly in light of the neighborhood comment. 01-28-2002 5- Mr. Springer turned his attention to excerpts from the 2020 Growth Plan, which encourage a mix of development that is reasonably compact and serves a variety of housing needs, which encourage infill development that reflects an efficient use of land and infrastructure, which promote residential development within municipal boundaries, and which encourage higher-density housing close to commercial centers. He also noted that the 2020 Plan identifies improvement of West Babcock Street as one of the needed capital facilities. He concluded by stating he feels that the requested zoning is appropriate and is supported by the 2020 Growth Plan. Mrs. Sharon Witt, applicant, distributed a booklet showing pictures of the subject property. She noted that she and her husband built their first four-plex in 1979 and still own it. They have also been involved in several other quality projects in the community, including the Olive Tree Townhouses, Fox Hollow Condominiums and four-plexes in Rose Park. Mrs. Witt stated that all lots on Donna Ddve aro either under construction or are vacant, and there is a designated park between that property and the subject property. She also noted that, since access to the subject property would be from West Babcock Street, their traffic would not impact the neighbors. She acknowledged that the covenants on Babcock Meadows aro groat; however, she indicated the covenants for development on this property would be even moro strict. Mr. Anson Crutcher, developer of Babcock Meadows, stated he still owns nine lots within that subdivision. He indicated that he has written a three-page letter on the history of the "R-3" zoning in his subdivision, noting that this zoning allows for smaller lots than the "R-I" zoning designation and thus allows for more affordable development. He stated that in 1993, the Commission recognized the area was essentially rural residential, although the Commission did later approve an amendment to allow for duplex and multi-family lots bordering the mall and along Wilda Lane. He concluded by noting that the Zoning Commission considered a number of different zoning designations before forwarding a recommendation that does not show a lot of consensus. Mr; Cad Esbjornson, 236 Madlyn Court, noted that Babcock Meadows is a wonderful neighborhood, with young mothers talking walks in the evening and people stopping to chat. He stated this neighborhood reflects the new urbanism and smart growth and is the type of development encouraged in the 2020 Plan. He cautioned that their quality of life, however, is being threatened by a large high-density development through what he perceives is a loophole in the 2020 Plan. He concluded by stating he does not feel either "R-3" or"R-4" zoning is appropriate and encouraged the Commission to consider only "R-1" or"R-2" zoning. Mr. Greg Vidmar, contractor, indicated he lives in the area. He stated the 2020 Plan has some good ideas, but there is always room for compromise. He also noted that planning after the fact is not good. He stated the subject 2.65-acre parcel is not large enough to accommodate high-density development and an adequate buffer strip. He concluded by encouraging the Commission to approve the "R-3" zoning designation recommended by the staff and Zoning Commission, not the requested "R-4" zoning. Mr. Brad French, 3325 West Babcock Street, stated there is already a mix of residential development in the area, including Iow-income apartments, mobile home courts, Iow-income housing, apartment complexes, and single-family homes. Because of this existing mix, he does not feel any additional mix of housing types is needed. Mrs. Virginia MacSween, 314 Wilda Lane, voiced her objection to the requested "R-4" zoning, stating the result would be too many people in an area that already has congestion and inadequate parking, along a street that is dangerous to either walk or drive on. Mrs. Angela McCormick, 230 Marilyn Court, stated they tried to sell their home several months ago, but the Babcock Vista development immediately to the east of their property has hurt the value of their home and made'it difficult to sell. She urged the Commission to zone this property as "R-2" or a similar zoning designation that will allow development to be consistent with the single-family homes that surround it. Mrs. Evelyn Benson, resident in Babcock Meadows, stated they have had several meetings with neighbors. She noted that many of the points raised during those meetings have already been voiced, including safety. She encouraged the Commission to look at the City's vision statement "The most livable place", and suggested adding the phrase "... for everybody". She noted that single families also want to live 01-28-2002 6- in Bozeman, in a safe neighborhood. She stated some potential residents of the neighborhood were dismayed by this proposal, since they want to move to this area to get away from apartments and condominiums. She concluded by acknowledging there is a need for affordable housing, but this small area is not the appropriate place for it. Mr. Steve Drab, 512 North Sweetgrass Avenue, noted he lives in a very nice single-family neighborhood, but is building on a lot immediately adjacent to the subject property because his family has outgrown the current house. He stated both he and his wife work in the city and they want to live inside city limits; however, they would have no option but to move outside city limits if they find development on this subject property is too congested or noisy. Mr. Craig McCormick, 230 Madlyn Court, stated the residents in Babcock Meadows feel strongly that "R-2" zoning is appropriate, but "R-3" and "R-4" zoning is not. He noted the subject 2.65 acres is in the middle of their community, and they feel their area is being sacrificed because of a lack of opportunity to pre-plan. He requested that the Commission zone the property "R-2" and asked, if that is not possible, that the Commission delay its decision until after an independent third party study has been completed on the impacts of previous projects, such as Arcadia Gardens, on surrounding properties. Mr, Todd Benson, 109 Virginia Way, distributed his wdtten testimony to the Commission. He stated his property abuts the subject property and enjoys a buffer zone of approximately 4 feet. He stated that traffic is a big concern. Mrs. Esther Reiter, 3006 West Babcock Street, stated that development on this subject property will be right out her living room window. She encouraged approval of"R-2" zoning with the restriction that those homes be owner-occupied. Mr. Joe Hamner, 111 Michael Grove Avenue, distributed pictures of the condominiums and four- plexes along Michael Grove Avenue. He encouraged approval of an "R-2" zoning designation, noting that would protect and enrich the neighborhood. He cautioned that zoning does not include specifics or guarantees, like the number of buildings, number of units per building, number of bedrooms per unit and number of parking spaces provided. He noted that the zoning could be approved today and the property sold tomorrow. Mr. Hamner noted that Michael Grove Avenue is essentially a street of condominiums and townhouses in four-plexes and six-plexes. He stated there are no apartments on the street, yet the area has evolved to predominantly rentals and voiced concern that the type of development proposed on this subject property could become the same thing. In fact, he cautioned that with the recently reduced setbacks in the zone code, the density could become even greater; and that could create even more problems for the area. Mrs. Rilla Esbjornson, 236 Madlyn Court, stated she is very concerned about the impacts that "R-3" or "R-4" zoning will have on traffic. She noted that West Babcock Street has no sidewalks and virtually no shoulders, so one cannot walk or bicycle safely on it. She indicated that continuing development to the west is resulting in increased traffic, yet there are no sidewalks until one reaches Valley Unit Subdivision. She further noted that, because of lack of parking in the area, two young men parked a work trailer in their cul- de-sac yesterday. She concluded by encouraging the Commission to consider the congestion and parking problems that can arise from a high density zoning designation and encouraged the Commission to approve an "R-1" or "R-2" zoning. Mrs. Christa Drab, 512 Sweetgrass Avenue, stressed the need for a homogenous zone on this property. She noted that all of the four-plexes and six-plexes in this area are located north of West Babcock Street, while development south of West Babcock Street is typically single-family houses. She concluded by asking that the Commission establish a zoning designation that allows for continued single-family residences in this area. Mrs. Laura Gilkerson, 115 Virginia Way, showed the Commission a picture of the view behind her fence. She stated that, after moving into this area with the single-family restriction, she was surprised to see modular homes immediately to the east. She noted that now there is a proposal to construct townhouses and apartments immediately behind her house, where she had hoped to grow old. She stated 01-28-2002 7- that, after talking to a police officer, she is now concemed about the safety of the area, particularly since the police are responding to numerous calls on Michael Grove Avenue for crime and loud parties. She concluded by encouraging the Commissioners to help homeowners maintain their property values and to zone the subject property "R-2". Mr. Mike Gilkerson, 115 Virginia Way, stated he wants to see the continuity of the neighborhood maintained and asked for"R-2" zoning. He noted that there are already two mobile home courts to the east and multi-family to the north, in addition to this single-family area. Mr. Lowell Spdnger acknowledged the neighborhood concerns. He recognized that it would be nice to have the hayfield remain; however, that would not be a good use of the arterials and City infrastructure. He stressed that this parcel is isolated from the surrounding development and would have its own access that would not impact other subdivisions. He also noted that annexation and zoning of this property will result in contribution of a 42-foot-wide right-of-way for improvements to West Babcock Street that will ensure public safety. Mr. Springer noted that concems about more dense development in a single-family residential area are not uncommon, citing the Fox Hollow Condominiums and Woodbrook as examples where neighbors later found their concerns were unfounded. He concluded by reiterating he feels the requested rezoning would result in the type of development promoted by the 2020 Plan. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. Commissioner Youngman stated the requested "R-4" zoning is definitely too dense; she does not feel "R-2" is the wisest choice; and she is torn between the "R-3" and "R-3a" zoning designations. She noted that, with the amount of multi-family development in this immediate area, it has become extremely fragile and another multi-family development would be too much. She voiced her support for a designation that will allow single-family or single-family and duplex units only. Mayor Kirchhoff stated this isolated parcel needs to fit in with what is adjacent. He noted that, on paper, the zoning designation would be "R-3"; however, development looks more like "R-2". He noted he would be willing to support an "R-2" zoning designation, stressing that a higher density would be "shoehorning something in that doesn't fit". Commissioner Youngman cautioned that "R-2" requires larger lot sizes; and an "R-3" zoning was approved for Babcock Meadows to allow for smaller lot sizes that make economic sense. Commissioner Brown noted that "R-4" zoning is much too dense, but he could support "R-3" zoning because that is the designation of the surrounding property. Commissioner Hietala forwarded his position that "R-3a" would blend better with the community than "R-3"; and he feels "R-2" is too restrictive. Commissioner Cetraro stated he cannot support the requested "R-4" zoning, but he could support either "R-3a" or "R-2". Responding to questions and comments from Commissioner Youngman, Mr. Lowell Springer stated the applicant would be willing to commit to constructing condominiums and limiting those units to no more than two bedrooms under the "R-3" or "R-4" zoning designations. Planning Director Epple cautioned the Commission that condominiums can be constructed in any configuration, and they can be rented. Responding to Mayor Kirchhoff, Planning Director Epple stated that an "R-2" zoning designation allows for six units per acre and "R-3a" allows ten units per acre; and development through the planned unit development process allows up to 30-percent more density. 01-28-2002 -8- Commissioner Youngman suggested that if the Commission establishes a lower zoning designation initially, the applicant would still have the opportunity to come up with a development proposal that is acceptable to the neighborhood and then seek a higher zoning designation if necessary. It was moved by Commissioner Youngman, seconded by Commissioner Brown, that the Zone Map Amendment requested by Springer Group Architects for Glen Haven Properties under Application No. Z-01211, be approved by establishing an initial zoning designation of "R-2", Residential--Single-family, Medium-density, on 2.65 acres lying along the south side of West Babcock Street between Donna Avenue and Virginia Avenue. The motion carded by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No being Commissioner Hietala. Ordinance No. 1555 - amendinq zoning designation from "R-3" to "B-2" on 1.21 acres described as Lots 1-5, Cleveland Subdivision (northeast comer of North lSth Avenue and West Main Street) Previously distributed in the Commissioners' packets was a copy of Ordinance No. 1555, entitled: ORDINANCE NO. 1555 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE BOZEMAN ZONE MAP BY AMENDING THE ZONING DESIGNATION FROM "R-3" (RESIDENTIAL, MEDIUM DENSITY DISTRICT) TO "B-2" (COMMUNITY BUSINESS DISTRICT), ON APPROXIMATELY 1.21:!: ACRES OF LAND DESCRIBED AS LOTS 1-5, CLEVELAND SUBDIVISION, BOZEMAN, MONTANA. It was moved by Commissioner Hietala, seconded by Commissioner Cetraro, that Ordinance No. 1555, amending the zoning designation from "R-3", Residential, Medium-Density, to "B-2", Community Business, on 1.21 acres located at the northeast corner of the intersection of North 15th Avenue and West Main Street, be finally adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Cetraro, Commissioner Brown, Commissioner Youngman and Mayor Kirchhoff; those voting No, none. Appointments to boards and committees: Audit Committee; Board of Appeals; Cemetery Board; City Plannin .q Board; Fire Code Board of Appeals; Pedestrian/Traffic Safety Committee; Recreation and Parks Advisory Board; Senior Citizens' Advisory Board; Tax Increment Financing Industrial District (TIFID) Board; Transportation Coordinating Committee; and Zonincl Commission Previously distributed in the Commissioners' packets was a memo from Clerk of the Commission Sullivan, dated January 16, along with a copy of the applications for the various boards and committees. Also, applications received after the memo was prepared were subsequently distributed to the Commissioners. Audit Committee. Itwas moved by Commissioner Brown, seconded by Commissioner Hietala, that Sue Becker be reappointed to the Audit Committee, with a two-year term to expire on February 28, 2004. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Hietala, CommissionerYoungman, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. Board of Appeals. It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that Larry Barnard and Robert Lashaway be reappointed to the Board of Appeals, with three-year terms to expire on December 31,2004. 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. Cemetery Board. It was moved by Commissioner Cetraro, seconded by Commissioner Hietala, that Carson Taylor be reappointed, that Dallas Thompson be appointed to replace Norm Thurston and that Russ Tuckerman be appointed to replace Connie Staudohar, all with three-year terms to expire on 01-28-2002 -9- December 31, 2004. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Cetraro, Commissioner Hietala, CommissionerYoungman, Commissioner Brown and Mayor Kirchhoff; those voting No, none. City Planning Board. Mayor Kirchhoff made the following Mayoral appointments, all with two-year terms to expire on January 31, 2004: Brian Close, Joe Frost, Edward Musser and Rich Noonan. Following discussion about some desired changes in the composition of the board, particularly on the part of the newCommissioners, itwas moved by CommissionerYoungman, seconded by Commissioner Brown, that Joanne Eaton, Brian Gallik and Eric Lindeen be reappointed with two-year terms to expire on January 31, 2004. The motion carded by the following Aye and No vote: those voting Aye being CommissionerYoungman, Commissioner Brown and Mayor Kirchhoff; those voting No being Commissioner Cetraro and Commissioner Hietala. Itwas moved by Commissioner Youngman, seconded by Commissioner Cetraro, that Commissioner Cetraro be appointed as the City Commission representative on the City Planning Board, with a two-year term to expire on January 31,2004. The motion carded by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Cetraro, Commissioner Brown, Commissioner Hietala and Mayor Kirchhoff; those voting No, none. Fire Code Board of Appeals. It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that Larry Barnard and Robert Lashaway be reappointed with three-year terms to expire on December 31, 2004; and that Robert Quinn be appointed to fill the vacant position which expires on December 31, 2003. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala, Commissioner Brown and Mayor Kirchhoff; those voting No, none. Pedestrian/Traffic Safety Committee. It was moved by Commissioner Hietala, seconded by Commissioner Brown, that Shirley Sedivy be reappointed, with a two-year term to expire on December 31, 2003. 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. Recreation and Parks Advisory Board. It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that Terry Baldus, Gene Brooks and Cynthia Mernin be reappointed, and that Robed Wade be appointed to replace Brian Prahl, all with three-year terms to expire on December 31,2004. 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. Senior Citizens' Advisory Board. It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that Shidey Powell and Jean Thorson be reappointed to the Senior Citizens' Advisory Board, with two -year terms to expire on December 31,2003. 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. Tax Increment Financing Industrial District (TIFID) Board. There were no applications for this board. Transportation Coordinating Committee. Following discussion, the Commissioners concurred that the vacancy on this board should remain open until additional applications have been received. Zoning Commission. Itwas moved by Commissioner Hietala, seconded by Commissioner Cetraro, that Todd Buchanan, Mark Evans and Mike Hope be appointed to replace Ben Alexander, Brian Close and Rich Noonan on the Zoning Commission, with two-year terms to expire on January 31, 2004. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Hietala and Commissioner Cetraro; those voting No being Commissioner Brown, Commissioner Youngman and Mayor Kirchhoff. 01-28-2002 -10- Following extensive discussion regarding the composition of this board, it was moved by Commissioner Cetraro, seconded by Commissioner Hietala, that Todd Buchanan, Mark Evans and Joe Frost be appointed to replace Ben Alexander, Bdan Close and Rich Noonan on the Zoning Commission, with two-year terms to expire on January 31, 2004. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Hietala and Commissioner Cetraro; those voting No being Commissioner Brown, Commissioner Youngman and Mayor Kirchhoff. It was moved by Commissioner Brown, seconded by Commissioner Hietala, that Rich Noonan be reappointed, that Todd Buchanan be appointed to replace Ben Alexander and that Joe Frost be appointed to replace Bdan Close, all with two-year terms to expire on January 31, 2004. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Hietala, Commissioner Youngman and Mayor Kirchhoff; those voting No being Commissioner Cetraro. Ar)r)ointments of Commissioner liaisons and members to various boards and committees Distributed just pdor to last week's meeting was a listing of the vadous boards and committees and possible appointments to those boards, as compiled by Mayor Kirchhoff. As a result of reviewing that listing, the Commissioners concurred in the following appointments: Member/ 2002-2003 Board Liaison Appointee(s) Audit Committee Band Board Beautification Advisory Board Board of Adjustment Board of Appeals Bicycle Advisory Board Cemetery Board City-County Board of Health City Planning Board Community Affordable Housing CDBG Economic Development Design Review Board Downtown Improvement Distdct Board Downtown Business Improvement District Fire Board of Appeals Gallatin Development Corporation Historic Preservation Advisory Board InterNeighborhood Council Library Board of Trustees Local Water Quality Distdct Board Parking Commission Pedestrian/Traffic Safety Committee Recreation and Parks Advisory Board Senior Citizens' Advisory Board Tax Increment Financing Industrial District Board Transportation Coordinating Committee Tree Advisory Board Victim Witness Zoning Commission Member Liaison Liaison Liaison Liaison Liaison Liaison Member Member Liaison Liaison Liaison Liaison Liaison Liaison Liaison Liaison Liaison Liaison Member Liaison Liaison Liaison Liaison Liaison Member Liaison Liaison Liaison Kirchhoff, Brown Brown Kirchhoff, Hietala (A) INACTIVE Hietala Youngman, Brown (A) Kirchhoff Kirchhoff Cetraro Youngman, Hietala (A) Brown, Kirchhoff (A) Hietala, Cetraro (A) Brown, Hietala (A) Brown, Hietala (A) Cetraro ROTATION Kirchhoff, Youngman(A) Youngman Youngman, Hietala (A) Brown Cetraro, Youngman (A) Cetraro, Kirchhoff (A) Hietala, Youngman (A) Brown, Hietala (A) Cetraro Kirchhoff, Hietala (A) Youngman, Kirchhoff (A) Brown Hietala Apr)ointment of Mayor Pro Tempore for 2002 and 2003 It was moved by Commissioner Brown, seconded by Commissioner Hietala, that Commissioner Cetraro be appointed as Mayor Pro Tempore for Calendar Years 2002 and 2003. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Hietala, Commissioner Youngman, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. 01-28-2002 -11 - Discussion. FYI Items The following "For Your Information" items were forwarded to the Commission. (1) Letter from Leona Podtz, 1418 Maple Ddve, urging the Commission to disapprove the Home Depot project. (2) meetings. Copy of the January 23 update of the listing of planning projects for upcoming Commission (3) Agenda for the School Distdct No. 7 Board meeting scheduled for 7:00 p.m. on Monday, January 28, at the Willson School. (4) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, January 29, at the Senior Center. (5) Minutes from the County Planning Board meeting held on January 8, 2002. (6) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, January 29, at the Professional Building. (7) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, January 29, at the Professional Building. (8) City Manager Johnson noted that he and Mayor Kirchhoff have received invitations to attend the County meeting regarding the solid waste district, scheduled for 6:30 p.m. on Wednesday, February 6, at the Belgrade City Council Room. He indicated that staff will resubmit the City's questions, and he will be attending that meeting. Commissioner Brown indicated that he has been attending meetings on the solid waste district at County Commissioner John Vincent's request. (9) City Manager Johnson distributed a compilation of the Commission's goals from last year, in priority order. He noted that the Commission has finished its tour of the City's facilities and received presentations from the various departments. The next step is the town meeting, scheduled for 7:00 p.m. on Thursday, February 7, at the Sacajawea Middle School. He asked for Commissioner input on how that meeting should be conducted prior to next Monday's Commission meeting so that a final determination can be made on how to conduct the town meeting. (10) Director of Public Service Debbie Arkell noted that appointment of a task force for the transfer station has been scheduled for next week, with the first meeting of that task force scheduled shortly thereafter. She noted that all task force meetings will be open to the public, and suggested that meetings on the three potential sites identified be held in the areas where they are located. (11) City Attorney Luwe suggested the Commission may wish to revise its rules of procedure in light of this aftemoon's presentation and acquisition of the timer system. He encouraged the Commission to establish one time limit for the staff and applicant and one time limit for public comment, to ensure that those who are similarly situated are treated the same. City Manager Johnson noted that the Commissioners can suspend the rules for a specific hearing if they so choose, but that determination must be made at the beginning of the hearing and not in the middle. (12) Planning Director Epple stated that, for the second year in a row, representatives from the City Planning Board and staff will meet with the School District administration and long range planning committee and with the County Planning Board to discuss mutual planning issues. He also reminded the Commission of the draft interlocal agreement between the City and the County that was distributed a few weeks ago, and encouraged the Commissions to consider adoption of that agreement. 01-28-2002 -12- Mayor Kirchhoff requested this item be scheduled for February 11 and that another copy of the agreement be included in the Commissioners' packets. (13) Mayor Kirchhoff suggested that the Commission consider changing its schedule again, to hold work sessions from 3:00 p.m. to 6:00 p.m. on the second and fourth weeks of the month and to hold regular meetings from 3:00 p.m. to 5:30 p.m. and public hearings at 7:00 p.m. on the first and third weeks of the month. He voiced concern that, with beginning the meetings at 6:00 p.m., the Commission has lost precious opportunities for discussion, Planning Director Epple cautioned that the weekly public hearing schedule provides a flexibility in scheduling that would be lost if public hearings were held on only the first and third weeks again. Mayor Kirohhoff suggested that Commission procedures and meeting times be brought back next week for discussion. Adjournment- 10:40 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 01-28-2002