HomeMy WebLinkAbout2001-02-26 Minutes, City CommissionMINUTES OF THE COMMISSION MEETING/WORK SESSION
OF THE CITY COMMISSION
BOZEMAN, MONTANA
February 26, 2001
The Commission of the City of Bozeman met in regular session and work session in the
Commission Room, Municipal Building, on Monday, February 26, 2001, at 3:00 p.m. Present were
Mayor Youngman, Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner
Kirchhoff, City Manager Johnson, City Attorney Luwe and Clerk of the Commission Sullivan.
The meeting was opened with the call to order, Pledge of Allegiance and a moment of silence.
Consent Items
City Manager Johnson presented to the Commission the following Consent Item.
Claims
It was moved by Commissioner Brown, seconded by Commissioner Frost, that the Commission
approve the Consent Item 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 Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff and Mayor
Youngman; those voting No, none.
Decision - Zone Map Amendment - Cape-France Enterprise - establish an initial zoning designation of
"B-2" on 38.67 acres described as Tracts A-1 and A-2, COS No. 1827, lying in the E½,SW%,
Section 26, TlS, R5E, MPM (west side of intersection of North 19th Avenue and Valley Center Road)
(Z-0158)
This was the time and place set for the decision on the Zone Map Amendment to establish an
initial zoning designation of "B-2", Community Business, as requested by Cape-France Enterprise
under Application No. Z-0158, on 38.67 acres located along the west side of the intersection of North
19th Avenue and Valley Center Road.
Distributed just prior to the meeting was a memo from City Attorney Luwe, dated February
26, forwarding his position that "BP", Business Park, zoning would not be in substantial compliance
with the North 19th Avenue corridor master plan.
Responding to Commissioner Brown, City Attorney Luwe reviewed his memo, stating that the
requested "B-2" zoning is in compliance with the North 19th Avenue corridor master plan but "BP"
zoning is not.
Commissioner Kirchhoff stated that the preliminary zone map for the 2020 growth plan
designates this subject parcel as "BP", and questioned how the Commission can take an action at this
time that would undermine its new master plan. He then suggested that the Commission could direct
staff to initiate a master plan amendment to the North 19th Avenue corridor master plan to bring it
into compliance with the proposed 2020 growth plan.
City Attorney Luwe confirmed that would be one option, with the decision on this zone map
amendment being held in abeyance until after action has been taken on the master plan amendment.
Commissioner Frost stated that he, too, is not comfortable with going against the 2020 plan,
which is what approving the requested "B-2" zoning would do.
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Commissioner Brown cautioned that the 2020 plan is not yet completed, and he would support
the requested "B-2" zoning.
Responding to Mayor Youngman, Planning Director Epple estimated that processing of a
master plan amendment would take eight to ten weeks; and staff would be taken off other projects
to process it. He then stated that, at last week's meeting, he had indicated essentially the same uses
would be allowed through the planned unit development process under either the "B-2" or the "BP"
zoning designations. He noted, however, that a review of the North 19th Avenue corridor master plan
during the past week revealed that under the "BP" zoning designation, high tech research, high tech
light manufacturing and headquarters offices would be allowed; large scale retail would not be
allowed. He also reiterated that the existing master plan designates this property as commercial; and
the "B-2" zoning is appropriate under that land use designation.
Mayor Youngman noted that the Zoning Commission, which is comprised of members of the
City Planning Board, has forwarded a recommendation for approval of the "B-2" zoning designation
while, at the same time, the Board has developed a 2020 growth plan that designates the area for
"BP" zoning. She stated, however, the minutes don't reflect discussion of this issue; Planning
Director Epple indicated it was a subject of discussion even though it was not included in the minutes.
Mr. Lowell Springer, architect representing the applicant, confirmed that the issue was
discussed at the Zoning Commission meeting, after which they forwarded their recommendation for
"B-2" zoning. He recognized the Commission's interest in drawing a line beyond which commercial
development does not occur, and suggested that the freeway may be an appropriate boundary.
Responding to Commissioner Smiley, Planning Director Epple confirmed that any development
within the North 19th Avenue corridor master plan must go through the planned unit development
process.
Commissioner Smiley voiced her support for the requested "B-2" zoning designation and
indicated she does not understand the possible benefits of amending the existing master plan at this
time.
Commissioner Kirchhoff stated that the 2020 growth plan reflects thoughtful consideration and
represents community desires, as reflected by the various citizen groups and people that have been
involved in the process. He feels supporting those people and their decisions is important; and he will
vote accordingly.
Mr. Springer cautioned that the 2020 plan is not final and, in fact, he suggested that the draft
plan does not accurately reflect the public forum process. He indicated that the City will be receiving
a significant amount of additional comment as the process of adopting the new plan unfolds, and
noted that input may result in changes prior to the plan's adoption.
Mayor Youngman acknowledged that the period just prior to adoption of a new master plan
is a difficult one. She stated, however, that she feels a previous Commission and this Commission
have established a track record of supporting commercial development on this subject parcel. She
indicated that while, philosophically, she recognizes the benefit of providing a transition into residential
development, she will support the Zoning Commission's recommendation.
It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the Commission
approve the Zone Map Amendment to establish an initial zoning designation of "B-2", Community
Business, as requested by Cape-France Enterprise under Application No. Z-0158, on 38.67 acres
described as Tracts A-1 and Ac2, Certificate of Survey No. 1827, located along the west side of the
intersection of North 19th Avenue and Valley Center Road; and authorize and direct staff to bring
back an ordinance enacting the zone change upon completion of the annexation process and the
applicant's providing an acceptable legal description. The motion carried by the following Aye and No
vote: those voting Aye being Commissioner Smiley, Commissioner Brown and Mayor Youngman;
those voting No being Commissioner Frost and Commissioner Kirchhoff.
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Review of revised preliminary r~lat for Annie Subdivision, Phase III - Ro.qer and Rosalind Smith -
subdivide 16.35 acres described as Lot 1, Annie Subdivision, Phase II, into 33 single-family lots and
12 multi-family lots (northeast corner of intersection of Durston Road and North 25th Avenue)
(P-0032)
Included in the Commissioners' packets was a memo from Assistant Planner Karin Caroline,
dated February 20, forwarding a revised preliminary plat for Annie Subdivision, Phase III, in response
to one of the conditions of approval on October 2, 2000.
Assistant Planner Caroline posted copies of the preliminary plat previously considered and the
revised preliminary plat, noting that Condition No. 38 for approval of the preliminary plat required that
a redesign reflecting the scattering of multi-family lots throughout the subdivision, rather than
concentrating them along Annie Street, the Rose Court cul-de-sac and Daffodil Street as originally
proposed. She identified the seven lots scattered throughout the subdivision, designed to
accommodate twenty multi-family units in duplex or four-plex configurations. She indicated that the
number of single-family lots has been increased from 33 to 39 in this revised preliminary plat.
The Assistant Planner stated that, in conjunction with this revised plat, the applicant is
requesting the lots along Rose Court be included in Phase I since they are now designated for single-
family development. She indicated that Phase II is to include the lots fronting on Annie Street; Phase
III will include the lots along Daffodil Street; and Phase IV will include the existing residence.
Responding to Commissioner Frost, the Assistant Planner stated that, under the conditions of
approval for this subdivision, Phase I may be developed; however, a special improvement district for
improvements to Durston Road must be created and the bonds sold prior to development of the
subsequent three phases.
Mr. Don White, attorney representing the applicants, stated they are supportive of the
redesigned subdivision. He then indicated that including the lots along Rose Court in Phase I will
avoid the potential of those lots become weed patches, make the installation of sidewalks along North
25th Avenue easier, and provide additional revenues upfront to assist in funding the installation of
improvements.
It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that the
Commission approve the redesign of Phases I through IV of Annie Subdivision, Phase III, requested
by Roger and Rosalind Smith under Application No. P-0032, as shown on the preliminary plat received
in the Planning Office on February 20, with the phasing modifications reflected on that plat. The
motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley,
Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost and Mayor Youngman; those
voting No, none.
Ordinance No. 1534 - establish initial zoning designations of "R-O" on 12.7251 acres and
"R-3" on 22.6499 acres located in the SW%, Section 1, T2S, R5E, MPM (Walton property
lying between Durston Road and West Oak Street, immediately west of Gallatin County Rest
Home)
Included in the Commissioners' packets was a copy of Ordinance No. 1534, as approved by
the City Attorney, entitled:
ORDINANCE NO. 1534
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
AMENDING THE BOZEMAN ZONE MAP'S ZONING DISTRICT DESIGNATIONS TO
ESTABLISH INITIAL ZONING DESIGNATIONS OF "R-O" (RESIDENTIAL - OFFICE} ON
12.7251 ACRES AND "R-3" (RESIDENTIAL - MEDIUM-DENSITY) ON 22.6499 ACRES
LOCATED IN THE SOUTHWEST ONE-QUARTER OF SECTION 1, TOWNSHIP 2 SOUTH,
RANGE 5 EAST, PRINCIPAL MERIDIAN OF MONTANA.
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It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that Ordinance
No. 1534, establishing initial zoning designations of "R~O" on 12.7251 acres and "R-3" on 22.6499
acres located between Durston Road and West Oak Street, immediately west of Gallatin County Rest
Home, be provisionally adopted and that it be brought back in two weeks for final adoption. The
motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff,
Commissioner Brown, Commissioner Frost, Commissioner Smiley and Mayor Youngman; those voting
No, none.
Work Session - (A) Discussion re legislative issues
(A) Discussion re legislative issues. Distributed just prior to the Commission meeting were
a listing of Gallatin County's position on various bills, as submitted by Mayor Youngman; a listing of
bills being monitored by the City, as prepared by Mayor Youngman; and the text for several of those
bills.
Present for this discussion were County Commissioner John Vincent and Jennifer Madgic from
the County Planning Department.
City Manager Johnson indicated that he was unable to get any Representatives or Senators
to attend this meeting, however, Senator Royal Johnson from Billings is willing to participate in this
discussion via conference telephone.
Senator Johnson gave an update on energy issues, estimating that 20 of the potential 89 bills
have been considered by either the House or the Senate to date. He gave a brief overview of some
of those bills, reminding the Commission that SB390, adopted in 1997, acknowledged that the default
supplier would be the "poles and wire company", or Montana Power Company. That bill also provided
that residential customers would be entitled to a 2.25-cent rate from that time to July 2002. He then
concentrated on the bill that he had submitted and the premises behind it, noting that it was
significantly amended prior to its transmittal to the House. During his discussion, he stressed the
importance of protecting the customers from high energy costs, even for a short period of time, while
prices are settling out.
Responding to City Manager Johnson, the Senator characterized this as the most contentious
local government session he has witnessed in his six sessions. He stated that Senate Bills 215 and
216, which would have been extremely detrimental to local governments, were killed on Thursday;
however, he cautioned they could still resurface in a slightly revised form. He also indicated that, if
the bills pertaining to annexation and subdivision are killed, local government will benefit.
Senator Johnson indicated that the "Big Bill", which is 150 pages long, is in the House
Taxation Committee at the present time; and it has been significantly changed.
At the City Manager's request, Senator Johnson briefly touched on local option taxes, noting
that hearings have been held on a couple bills, but no action has been taken on them to date. He
recognized that, with a vote of the people required to approve local option tax, they would be a viable
alternative for funding some of the local government costs. He then noted that the right-of-way fee
in Billings must now be subject to a vote of the people; and that fee has led to legislative changes that
require a 51-day delay in the effective date of an ordinance to ensure an adequate protest period is
provided.
Responding to concerns voiced by Commissioner Smiley, Senator Johnson stated that
deregulation has not been a "business killer"; rather, it is decreased generation of electricity. He noted
that Bonnevile Power generated 51 percent of its potential because of drought and fish concerns; and
Colstrip IV, which is the biggest generator in that complex, was down for repairs for much of the Year
2000. He suggested that, with both of those facilities producing electricity closer to their potentials,
the price of power should come down.
Following the conference call, the County representatives and City Commissioners discussed
possible ways to assist each other in the second half of the session.
02-26-2001
County Commissioner John Vincent stated he has asked legal staff to take a close look at
amended HB543, to ensure it is not detrimental. He then recognized that there is still a lot of
monitoring to be. done to ensure that legislation is in the best interests of local government. He
indicated that they check the website daily to make sure there are no surprises. He stated that March
29 is the transmittal date for revenue bills, so that may be another date to carefully monitor. He
concluded by streSsing the importance of getting out of the mode of simply jumping in the car and
driving to'Helena to testify at a specific hearing and into the mode of spending more time in Helena,
making contacts and establishing a presence. He indicated, in fact, that the County Commissioners
have made a commitment to devote 1/3 of .their time to legislative issues during the next session unless
it becomes unnecessary.
Responding to Commissioner Frost, County Commissioner Vincent stated he feels that hiring
a lobbyist is beneficial, stressing the importance of that individual being recognizable and respected.
He noted that the presence of the local elected officials is still needed on various occasions, even
though a lobbyist is working for them on a daily basis. He also indicated it is also important to
identify those individuals and groups that can help influence the legislators on a specific issue.
County COmmissioner Vincent noted that he saw local option tax bills when he was serving
in the 1975.Legislature; and similar bills'have been unsuccessful in subsequent sessions. He noted
that a $15 million bond issue for a new jail, sPread Over twenty years, will cost the'taxpayers of
Gallatin County a total of $30 million; however, based on total retail sales for last year with food and
drugs subtracted out, he has estimated it would take 1.~ years to pay forthe jail with a l-percent
local option tax.'
Mayor Youngman noted that the City has implemented a new e-mail notification process to
alert a group of citizens to bills of interest, in an organized grassroots manner. She stated, however,
that she was unable to get other communities interested in that process.. She then thanked the
County representatives for attending this work session.
Discussion - FYI Items
City Manager Johnson presented to the Commission the fOlloWing "For Your Information"
items.
(1) Copy of a letter from .The Conservation Fund to Gallatin Valley Land Trust, dated
February 17, forwarding a check for $6,000 for the Sundance Springs open space.
(2) Invitation to attend the Waste Not Montana recycling conference to be held at Chico
Hot Springs on March 28-30, 2001.
(3) Letter.from Lowell Springer, dated.February 11, regarding the 2020 master plan on
behalf of the StoneRidge Planned Unit Development.
(4) Letter from Disaster and Emergency Services, dated February 20, announcing that
Gallatin COunty has been selected as the Year 2001 "Project Impact Community for Montana" by the
Federal Emergency Management Agency, and inviting the Commissioners to participate in a workshop
from 1:00 to 5:00 p.m. on Wednesday, March 14, at the Wingate Inn. '
(5) Listing of planning prOjectS for' upcoming Commission meetings.
(6) Agenda for the County 'Commission meeting to be held at 9:00 a.m. on Tuesday,
February 27, at the Courthouse.
(7) Agenda for the County Planning Board meeting to be held at 6:30 p.m. on Tuesday,
February 27, at the Courthouse, along with minutes from the February 13 meeting.
. (8) Minutes from the Beautification Advisory Board meeting held on January 17, 2001.
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(9) Agendas for the Development Review Committee meeting held on Tuesday, February
20, and the meetingto be held at 10:00 a.m. on Tuesday, February 27, at the Professional Building.
(10) Agenda for the Design Review Board meeting to be held at 3':30 p.m. on Tuesday,
February 27, at the Professional Building.
(11) Agenda for the City Planning Board meeting to be held at 7:00 p.m. on Tuesday,
February 27, in the Commission Room..
('12) City Manager Johnson distributed copies of a letter from the U.S. Department of
Justice to Chief 'Mark TYmrak, dated February 9, announcing that the Police Department has received
a COPS in Schools grant to hire an additional school resource officer. He indicated that the City's
obligation is.approximately $1,400 for the first year, with the grant picking up all other costs for the
first three years; however, the grant ends after three years. He noted the City will negotiate with the
School District on future costs.
(13) The City Manager stated that the general obligation bond issue for the Library must be
considered-through a mail ballot rather than a special election, which will increase the costs of that
election from slightly over $10,000 to roughly $28,000.
City.Attorney Luwe briefly highlighted the statutory'requirements for a general obligation .bond
election, noting that september is the first scheduled election at which the bond election could be
held; and the only way to hold an election prior to that is via mail ballot.
(14) City Attorney Luwe announced that he will be out of the'office much of the next three
weeks; and the Staff Attorneys will be sitting in on Commisslon meetings.
. (15) Commissioner Smiley proposed that the start time for Commission meetings be changed
from 3:00 p.m. to 6:00 p..m.
As the result of discussion, the Commissioners directed staff to bring back a resolution
changing the Commission meeting time to 6:00 p.m. for work sessions and regular meetings, with
public hearings to.still be held at 7:00 p.m. on the first and third Mondays of the month. The
Commissioners also agreed with revisions to the rules of procedure, including elimination of the
sequence in which items are to be placed on the agenda, so that consent items can be considered
early in the meeting.
(16) Commissioner Brown submitted the following. (1) Attended the visioning session on
mental health on. Wednesday. He has a couple reports from that session that he will share with
interested Commissioners. (2) Noted that an article in Sunday's edition of the Billings Gazette
indicated that WalMart is eliminating their local meat cutting operation and purchasing meat packaged
out of state.
. (17) Commissioner Smiley requested that the Commissioners receive copies of letters of
praise, not just the complaint letters they receive.
(18) Mayor Youngman submitted the following. (1) Stated the next InterNeighborhood
Council meeting is set for 7:00 p.m. tomorrow night at the Professional Building and, at that meeting,
they will be making decisions on their basic structure, goals and objectives. (2) Indicated she will
e-mail a letter from Henry Sh0vic expressing his appreciation for the code compliance officer to the
other Commissioners. (3) Stated that a group will meet at 10:00 a.m. on Friday to brainstorm on the
All American Award application, which is due the end of the month.
(19) Mayor Youngman aSked if a tentative date has been set for the town meeting; City
Manager Johnson responded that it has not been. The Mayor suggested that a date in April may be
appropriate, particularly in light of the legislative session,
(20) Commissioner Kirchhoff asked for Commission support to direct staff to conduct
research into What other communities have done with big box stores, including size caps, and bring
02-26-2001
that information back to the Commission for possible action. He asked that this research include
good, solid data on which a community's requirements are based.
City Attorney Luwe stated that, given current schedules, his office can have ordinances from
other communities gathered in three to four weeks.
Commissioner Kirchhoff stated he would like to see options to a size cap, suggesting that
design review may be one of those options. He compared this option, however, to "putting a tutu
on a hippo".
Mayor Youngman voiced her support for reqUiring mitigation of impacts from stores over a
certain size, such. as the linkage fees that have been imposed in Boston.
Responding to Mayor Youngman, City Attorney Luwe stated the top priority in his office is
litigation, followed by emergencies; those items involving expedited review, and items with statutory
deadlines. He indicated that this request for research would then be the next item on the list;' the
Commissioners concurred with that priority listing.
(21) Mayor Youngman stated she intends to get the City's next newsletter out within the
next Couple weeks, and suggested that it could include a survey regarding the.big box issue, so the
Commission could get a broader sense of how the public feels. She proposed that a survey be
included in each newsletter, as a mechanism for soliciting public comment on a specific issue.
Adjournment - 5:30 p.m.
There being no further business to come before the Commission at this time, it was moved
by Commissioner Kirchhoff, seconded by Commissioner Frost, that the meeting be adjourned. The
motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff,
Commissioner Frost, Commissioner Brown, Commissioner Smiley and Mayor Youngman; those voting
No, none.
MARCIA B. YOUN~~~N, Mayor
ATTEST:
Clerk of the Commission
02-26-2001