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HomeMy WebLinkAbout2002-01-07 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA January 7, 2002 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, January 7, 2002, at 6:30 p.m. Present were Mayor Marcia Youngman, Commissioner Jarvis Brown, Commissioner Joe Frost, Commissioner Sandra Smiley, Commissioner Steve Kirchhoff, Commissioner-Elect Andrew Cetraro, Commissioner-Elect Lee Hietala, City Manager Clark Johnson, Planning Director Andy Epple, Director of Public Service Debbie Arkell, City Attorney Paul Luwe and Clerk of the Commission Robin Sullivan. 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 and February 7, 2000, and January 30, November 19, December 3, December 17, December 19, December 24 and December 31, 2001 It was moved by Commissioner Brown, seconded by Commissioner Frost, that the minutes of the meetings of February 7, 2000, and November 19, December 3, December 17, December 19, December 24 and December 31,2001, be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff and Mayor Youngman; those voting No, none. Mayor Youngman deferred action on the minutes of the meetings of January 18, 2000, and January 30, 2001, to a later date. Consent Items City Manager Johnson presented to the Commission the following Consent Items: Application for Beer and Wine License for Calendar Year 2002 - Johnny Carino's, 2159 Burke Street; contingent upon receipt of State License Ratify City Manaaer's sianature - Agreement with Dick Walter Motors for use of 2002 Ford 350 for period January 1 through June 30, 2002 Exemption from subdivision review - relocation of common boundary to create new Lots 3A and 4B, Block C, Marwyn Addition (1214 and 1220 East Curtiss Street) (E-0114) Acceptance of Warranty Deed; Authorize City Manager to sign Acceptance of Riqht- of-Way Agreement - Parcel No. G(W) for West Babcock Street project - Larry G. and Linda Y. Ellison, 3301 West Babcock Street Authorize City Manager to sign -Acceptance of Water Pipeline and Access Easement Agreement - two 20-foot-wide water pipeline easements across Lot 3, Minor Subdivision No. 162A (for fire hydrants) - Farmhouse Partners--Comstock III Limited Partnership (northwest corner of intersection of Haqgerty Lane and Ellis Street) Authorize City Manager to sign - Acceptance of Public Draina .qe Easement - Lot 2, Minor Subdivision No. 162, and Lot 3A, Minor Subdivision No. 162A - 01-07-2002 -2- Farmhouse Partners-Comstock III Limited Partnershir) (northwest corner of intersection of Haq.qerty Lane and Ellis Street) Authorize City Manager to siqn - Acceptance of Sanitary Sewer, Water Pipeline and Access Easement Agreement - 30-foot and 31-foot-wide strips across Lots 2, 3, 4, and 5, Block 3, Amended Plat of Block 3, Tan.qe's Subdivision - Tan.qe Family, LLC (northeast comer of intersection of West Oak Street and North 11th Avenue) Authorize City Manager to siQn - Easements with (1) School District No. 7 and Richard & Bonny Milli.qan; (2) School District No. 7 and Richard & Bonny MilliQan; and (3) Jerald E. Swenson for utilities and accesses adjacent to former Roxy Lane located in the St/= of Section 26, TlS, RSE, MPM (south of Valley Center Drive east of North 27th Avenue) Authorize City Mana=er to si.qn - A=reement for Torch Relay Services between the Salt Lake Or.qanizin.q Committee for the Olympic Winter Games of 2002 and the City of Bozeman Authorize City Mana.qer to si;n - Amendment No. I to Professional Services A~reement - Thomas, Dean and Hoskins, Inc. - for Sourdou.qh Transmission Main Authorize staff to exercise option to purchase .qreen metal storaQe buildin; at City Shops Complex, per Section 21 of A;reement dated November 10, 1981 (Pollard buildin(;) Buildin.q Inspection Division report for December 2001 Claims It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown and Mayor Youngman; those voting No, none. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission: (1) Copy of a letter from Beatrice R. Taylor, dated December 18, protesting the Director of Public Service's requirement that the Walker Subdivision be annexed prior to providing City water and sewer services. (2)' Memo from the Montana Department of Commerce, dated December 21, seeking comments on the draft application guidelines for the Treasure State Endowment Program, announcing the deadline is January 17, 2002. (3) Copy of a flyer from the Park and Gallatin Citizens' Alliance regarding the public hearing on the exploratory coalbed methane well requested by J.M. Huber Corporation, set for Thursday, January 10, 2002. (4) Copy of a letter from Jon Gerster, President of the Northeast Neighborhood Association, to Bill and Rick Ogle, dated December 18, 2001. (5) List of planning projects to be considered at upcoming Commission meetings, as prepared on January 2, 2002. 01-07-2002 -3- (6) Agendas for the County Commission meeting which was held on Thursday, January 3, in the Commission Room, and the meeting to be held at 9:00 a.m. on Tuesday, January 8, at the Fairgrounds. (7) Minutes from the Montana Transportation Commission meeting held on October 11 and 12 and their telephone meeting held on November 21, 2001. (8) Newsletter for Headwaters Recycling, announcing that the next meeting will be held on January 9 at Boulder. (9) Memos from Carol Schott, Administrative Secretary in the Office of Planning and Community Development, announcing that the Design Review Board meeting scheduled for December 25 and the Development Review Committee meetings scheduled for December 25 and January I were cancelled due to the holidays. (10) Agenda for the County Planning Board meeting to be held at 6:00 p.m. on Tuesday, January 8, in the Commission Room, along with minutes from their meeting held on December 11, 2001. (11) Agendas for the Zoning Commission meeting to be held at 7:00 p.m. and the Planning Board meeting to be held at 7:30 p.m. on Tuesday, January 8, 2002, in the Commission Room. (12) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, January 8, at the Professional Building. (13) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, January 8, at the Professional Building. (14) City Manager Johnson announced that he will be attending a tax meeting in Helena on Wednesday. (15) Mayor Youngman noted that the Commission had previously committed to testify at the public hearing on the coalbed methane test well drilling; and that hearing is upcoming on Thursday. She stated that Commissioner Kirchhoff has indicated a willingness to present the City Commission's testimony. Reorc~anization of City Commission This was the time and place set in the Montana Code Annotated for the reorganization of the City Commission as per the results of the General Municipal Election held on Tuesday, November 6, 2001. The Oaths of Office of Andrew Cetraro, Lee Hietala and Marcia B. Youngman, newly-elected City Commissioners, for four-year terms commencing January 7, 2002, have been approved and said Oaths of Office are on file in the office of the Clerk of the City Commission. Also, the Oaths of Office for Jarvis H. Brown, Continuing Commissioner, and Steven R. Kirchhoff, Continuing Commissioner and Incoming Mayor, are on file in the office of the Clerk of the City Commission. Commissioner Smiley thanked all of the City employees with whom she has worked over the last four years, noting they are very, very good at what they do. Commissioner Frost took a short walk down memory lane, noting he started in public service when appointed to the Recreation and Parks Advisory Board in 1988. During his term, the first phase of the trail system in Bozeman was opened, with the Gallagator Trail from East Story Street to Kagy Boulevard being dedicated on a cold and windy day. During his first six months on the Commission, he worked with the newly organized Pedestrian/Traffic Safety Committee; the result of that was the implementation of a sidewalk policy. Ten years ago, he worked with the various downtown committees, since he was the owner of a store downtown; and he continued to work with them until the MAKERS plan was completed. The improvements envisioned by those committees and the subsequent plan are now being installed. Commissioner Frost noted that the 1990 Bozeman Area Master Plan Update was adopted in January 1990; and it included provisions for economic development and protection of the natural environment, both of which he fought for. Subsequently, he led the fight for downzoning of historic districts 01-07-2002 -4- as a means of protecting them and proposed a conservation oveday district. In 1991, the City adopted entryway corddor design guidelines, as a result of his simple suggestion that street trees be planted along East Main Street and, through CTEP funding, the trees have now been planted. In 1992, he helped organize an ad hoc committee to wdte a tree ordinance, which resulted in the formation of the Tree Advisory Board, inventory and maintenance of the urban forest, and designation of Bozeman as a Tree City USA. Also in 1992, he was part of an ad hoc committee to rewdte the sign ordinance, which was adopted on a 5-0 vote. In 1993, the end of his first term, 1200 new homes were built in Bozeman, which had a 3.2 percent rate of growth. In September 1993, the process of developing and implementing impact fees was begun as a way to help the community's infrastructure grow. He worked with the Bozeman Area Bicycle Advisory Board, which was developing a plan for bicycle travel throughout the community; and that plan has become a part of both the 2020 Community Plan and the new Transportation Plan. He has encouraged community safety through outdoor lighting that offers safety without impacting night skies. He has supported the critical lands study, sidewalk policy, protection of the environment, clean economic development, strong long-range planning, neighborhood options, preservation of histodc structures and areas, boulevard trees, sign ordinance, impact fees, clean air ordinance, and public transportation. Commissioner Frost concluded by thanking City staff for their assistance, stating he firmly believes that Bozeman is a very well run City. He concluded by stating he is fortunate and honored to have been elected three times and noting he hopes to be able to play a part in the future of this town, which he views as a really special place. Outgoing Mayor Youngman presented plaques and parting gifts to Outgoing Commissioners Smiley and Frost. She then noted that, while Commissioner Hietala really has the gray beard, she will now be the "gray beard" on the Commission and recognizes that she will be serving as mentor to the new Commissioners. Clerk of the Commission Sullivan administered the Oaths of Office to Incoming Commissioners Youngman, Cetraro and Hietala and they were seated. Incoming Commissioner Cetraro characterized this as an opportunity to learn every day, recognizing that he doesn't know all of the answers. Incoming Commissioner Hietala stated he is pleased to be elected to office and recognized that this coming year with be tremendously busy as he learns. He noted that the City Manager and staff are top notch, well informed, progressive and interested in doing what is best for the community as a whole. He stated that, as for his contribution, he plans to keep a watchful eye on spending, noting he would like to see spending stay in line with the economic growth of the community and inflation. He is also interested in issues affecting senior citizens, providing incentives to help solve the affordable housing problem, less government interference in citizens' lives, working harmoniously with the County and coordinating policies of mutual interest, social health, protecting the natural beauty, and creating good paying jobs. He concluded by stating he hopes to earn continuing trust and confidence during the next four years. Outgoing Mayor Youngman welcomed the two new Commissioners, after which she gave a recap of the past two years. She stated that she is thrilled with the wide variety of things that have been accomplished during her term as Mayor, which represent a balanced proactive responsiveness to business, neighborhoods and quality of life. Those accomplishments include the All America City award, creation of an InterNeighborhood Council, creation of a facilitated discussion/mediation program, completion of a water conservation plan, completion of the 2020 Community Plan, purchase and dedication of Tuckerman Park, creation of a citizen panel to review the Capital Improvement Program, and a town meeting on the budget. The past two years have also seen a record amount of business growth, as well as neighborhood groups and recreation groups partnering to help develop facilities. She concluded by noting that she looks forward to serving as a Commissioner with Incoming Mayor Kirchhoff providing strong leadership. Clerk of the Commission Sullivan administered the Oath of Office to Incoming Mayor Kirchhoff, after which he was seated and Outgoing Mayor Marcia Youngman presented him with the new gavel. Incoming Mayor Kirchhoff thanked Outgoing Commissioners Smiley and Frost for their hard work and dedication. He then identified the four individuals that he has asked to speak at this reorganization, noting that they are leaders in the community. 01-07-2002 -5- Mr. Greg Metzger, President of the Bozeman Area Chamber of Commerce and owner of Montana Furniture Industries and Montana Furniture Galleries, reviewed the Chamber's mission statement, stressing the importance of the Chamber and the City working together for a high quality of life and reasonable economic development. He noted that, when dealing with difficult issues last year, the Chamber and the City were able to disagree with respect and dignity; and in 2002, he hopes to work harder to communicate with and educate the Commission on economic development. He concluded by thanking the Outgoing Commissioners and welcoming the Incoming Commissioners. Ms. Marilyn Tracz, Executive Director of the Downtown Bozeman Partnership, noted this is the umbrella organization which coordinates the activities of a vadety of downtown groups and organizations. She stated their purpose is to ensure the economic vitality of the downtown, which she characterized as the gathering place for people, and the cultural heart and soul of the community. She reviewed the vadety of businesses and activities available in the downtown, noting that Bozeman's downtown is the envy of visitors from around the state and the country, and stated the challenges which face an old downtown are many, including old infrastructure and real or perceived parking problems. She cautioned that the downtown has lost many key businesses over the past few years and, while there has been more infill development in the past few years than there was over the last half century, the downtown is now facing the prospect of "a few gaping holes in its smile". As a result, she stated they will be looking to the City to partner with them and to create incentives to streamline development in the downtown. She concluded by stating she is pleased to be a part of the downtown and thanked the Commission for the chance to participate in this reorganization. Dr. Geoff Gamble, President of Montana State University, congratulated the Incoming Commissioners on their recent election and thanked all of the Commissioners for their commitment to serve the community. He also thanked the Outgoing Commissioners for the work they have done on behalf of the community. He stated that one of his core values is partnerships, noting that the University cannot be successful without pooling resources and expertise with other organizations; and local government is an ideal partner. He noted that they also share similar challenges, including limitations on resources. He stated that the pdstine richness of the surroundings is a strong pull for many; however, he recognized that local government is also struggling with the side effects of attracting growth. He concluded by stating the University stands ready to work with the City. Mr. John Vincent, County Commissioner, noted that he first met Incoming Mayor Kirchhoff in 1974, when he was conducting his first of eight campaigns for the House of Representatives and recognized that he came from a household that was truly interested and active in politics. He stated that he was subsequently one of Mayor Kirchhoffs teachers, and suggested this may be the first time in local history that a student has been preceded by a teacher in the position of Mayor. He noted this means a lot to him as a former teacher, since he encouraged his students to become involved. He also stated that next Thursday Will mean even more to him when Mayor Kirchhoff, representing the City, will be testifying before him as a County Commissioner on the coalbed methane drilling issue. He concluded by stating he feels the City/County relations can be improved and suggested that the two Commissions meet at least three or four times a year in a half-day or full day session to discuss issues of mutual concern. Incoming Mayor Kirchhoff thanked Outgoing Mayor/Incoming Commissioner Youngman for being a wonderful mentor and model and for her work that exceeded all expectations. He also thanked the Outgoing Commissioners and welcomed the Incoming Commissioners. He cautioned that a CommissioneCs job is to provide the most livable place for everyone in the community, not to please a few. He stated that diversity on the Commission will provide a balanced body and will help to ensure that everyone is served. He encouraged the Commissioners to be open to debate and discussion and to be "ready to work for the good of the community in one week". Mayor Kirchhoff concluded the reorganization by thanking everyone for attending, especially his family members. 01-07-2002 -6- Public hearing - Zone Map Amendment - Glen Haven Properties - establish initial municipal zonin.q designation of "R-4" on 2.65 acres located between Donna Avenue and Virqinia Drive (2928 West Babcock Street) (Z-01211) This was the time and place set for the public headng on the Zone Map Amendment requested by Glen Haven Properties under Application No. Z-01211, to establish an initial municipal zoning designation of"R-4", Residential-High-density, on 2.65 acres located between Donna Avenue and Virginia Drive. The property is more commonly known as 2928 West Babcock Street. Mayor Kirchhoff opened the public headng. It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the public headng be continued to January 28, 2002, to give the Zoning Commission an opportunity to conduct its public hearing and forward a recommendation. The motion carded 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. Adjournment - 7:33 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 141RC'NHOFF, Mayor// 01-07-2002