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 -
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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.
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(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
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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.
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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.
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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//
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