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HomeMy WebLinkAbout2001-01-02 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA January 2, 2001 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Tuesday, January 2, 2001, at 3:00 pm. Present were Mayor Youngman, Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, City Manager Johnson, Assistant City Manager Brey, City Attorney Luwe, and Deputy Clerk of the Commission DeLathower. 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, January 24, January 31, February 7, February 14, June 19, July 17, October 2, December 11, December 18 and December 26, 2000 It was moved by Commissioner Brown, seconded by Commissioner Frost, that the minutes of the meetings of July 17 and December 11 be approved as corrected and the minutes of the meetings of December 18 and December 26, 2000 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, January 24, January 31, February 7, February 14, June 19 and October 2, 2000, to a later date. Request from the Greater Yellowstone Coalition to co-sponsor a community transportation DlanninQ charette on January 26 and 27, 2001 - Mark Haggerty Mr. Mark Haggerty, Executive Director of the Greater Yellowstone Coalition, 308 South 5 Avenue, presented an overview of this request. He noted that at the last public meeting of the Transportation Coordinating Committee, the public expressed concern there is a transportation plan but no growth policies to accompany it. The decision on the transportation plan was then delayed and the written public comment period was extended. The Greater Yellowstone Coalition has invited transportation planner, Dan Burton, from Florida, to come to the area to suggest ways the two plans could come together, rather than conflict. Mr. Burton helps towns understand both their transportation and land use planning needs. Mr. Haggerty noted Mr. Burton is originally from Montana and has done extensive work in Montana, so he understands this state and its needs. Mr. Burton plans to conduct a walkability audit, get input from every sector of the community, then hold public presentations and workshops. The tour will be scheduled for either the morning or afternoon of January 26, with an evening presentation, and workshops will be held on January 27. The County Commission has also been asked to help co-sponsor or endorse this visit, according to Mr. Haggerty; but they had a problem with the terms endorse or co-sponsor, so they chose to invite Mr. Burton instead. m City Manager Johnson responded his concern is not to limit public input, but the transportation plan belongs to the Transportation Coordinating Committee at this point. There needs to be a point where public input is halted. Mr. Haggerty said they feel they are within the time frame, and they are trying to get Mr. Burton here this month so they won't be pushing that time limit. The Greater Yellowstone Coalition perceives there is a missing link in this process, and what they are hoping is Mr. Burton can provide that link within a condensed time frame. They feel public input was too limited since the public didn't have the opportunity to review the plan until the draft was released. Assistant City Manager Brey noted this endeavor needs to follow through the way it has been described by Mr. Haggerty because the money has already been expended, so going back and starting over now is not a possibility. Commissioner Frost stated he doesn't see this as a losing proposition because his understanding is the transportation plan is subserviant to the 2020 master plan, so nothing will be lost if Mr. Burton comes in and makes his suggestions. Assistant City Manager Brey asked if Mr. Burton had done this type of presentation in Missoula a couple of years ago. Mr. Haggerty replied he wasn't sure if Mr. Burton had done work in Missoula, but he did come to Bozeman recently; however, he didn't conduct the walkability audit at that time. Commissioner Kirchhoff noted he does not feel comfortable endorsing Mr. Burton's visit, but he feels the City should not close themselves off from the learning process and should learn all they can. Commissioner Smiley stated her preference to invite Mr. Burton rather than co-sponsor his visit. However, she, too, does not want his visit to stall the planning processes currently underway. City Manager Johnson said a conscious decision was made to build both the transportation and master plans together. Since these are plans the community will have to live with for the next 10 years, they need to be right; but they also need to stay on schedule. Mayor Youngman said she feels they can stay on schedule with this approach, which will give everyone the opportunity to reexamine the priorities; and it will be useful to have a process to allow people to look at both plans in the context of the overall plan. Commissioner Frost said he would like to extend a visitation request to Mr. Burton, and all the Commissioners agreed. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, to extend an invitation, with the County Commission and the Greater Yellowstone Coalition, to Mr. Dan Burton to conduct a 2-day transportation planning charette on January 26 and 27 and to direct staff to attend the walkability audit. 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. City Manager Johnson noted it would be helpful to have all motions read back to the Commission before being voted on. -3- Ordinance No. 1530; establish initial zoning designation of "B-2" on 4.24 acres described as Tract B-l, COS No. 1827 (east side of Valley Center Drive, north of its intersection with Catron Street) Included in the Commissioners' packets was a copy of Ordinance No. 1530, as approved by the City Attorney, entitled: ORDINANCE NO. 1530 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE BOZEMAN ZONE MAP'S ZONING DISTRICT DESIGNATIONS TO ESTABLISH AN INITIAL ZONING DESIGNATION OF "B-2" (COMMUNITY BUSINESS) ON 4.24 ACRES DESCRIBED AS TRACT B-1 OF CERTIFICATE OF SURVEY NO. 1827, SITUATED IN THE NORTHEAST QUARTER OF SECTION 35, TlS, R5E, M.P.M., GALLATIN COUNTY, MONTANA. Aisc included in the Commissioners' packets was a memo from Planning Director Epple, dated December 28, 2000, forwarding the Zoning Commission's reaffirmation of its previous recommendation for approval. Planning Director Epple reminded the Commission that, at its December 4 meeting, some of the Commissioners voiced concern about the "B-2" zoning for the subject parcel, which lies between Valley Center Drive and the 1-90 off ramp. He stated that, at its December 19 meeting, the Zoning Commission once again considered this request and, as a result of that consideration, reaffirmed its previous recommendation. Mayor Youngman opened the public hearing. Tom Anacker, attorney for the applicant, said this application was preliminarily approved for annexation and B-2 zoning in December, 1999 on the condition the applicant undertake and finalize waivers of right to protest SIDs, an annexation agreement including impact fee payments, provision of an annexation map to the city, and pay an in-lieu fee for water rights. These conditions have been completed, and applicant's position is they have performed as agreed and should receive approval for this zoning designation. Mr. Anacker continued, saying this property is in a commercial area under the old master plan and continues to be in the regional commercial core on the 2020 master plan. Therefore, they ask the Commission to approve this ordinance and grant the requested zoning designation. Commissioner Kirchhoff asked why the Commission needs to vote on this again. Mr. Anacker responded there was only preliminary approval granted before, and now there needs to be final approval of the ordinance establishing a zoning designation. City Attorney Luwe added the motion of preliminary approval was upon annexation, bring back an ordinance for Commission consideration establishing the zoning; and state law requires zoning be effectuated by ordinance. The Commission could deny this designation, but it would need some reason to do so now. Commissioner Kirchhoff stated he has never argued in favor of B-2 zoning at this location, believing some other sort of commercial designation would be more appropriate. He said he doesn't believe a town of Bozeman's population or a trade center of Bozeman's size needs more B-2 land than it currently has; adding Bozeman currently has a great inventory of property zoned B-2. Rather, he would suggest adopting R-O or B-P zoning; this property is perfectly suitable for business park or residential/office uses similar to those on the south side of West Main Street. -4- Commissioner Frost agreed, saying that makes sense because the master plan calls for commercial center development rather than strip commercial, and this is strip commercial development. He then asked City Attorney Luwe if the zoning can be changed now. Mr. Luwe replied the Commission decision needs to be based on the evidence presented in 1999. Mayor Youngman asked staff to comment on the differences between B-2 and B-P zoning. Planning Director Epple answered B-2 is more of a retail/commercial designation, while B-P allows professional offices, light manufacturing, research and development activities; but they can blend together during the Planned Unit Development (PUD) process. Business Park is a different land-use category according to the North 19th/Oak Street Corridor Master Plan. Commissioner Kirchhoff noted any applicant could pursue the PUD process, so the map could be misleading because the landowners have options. Planning Director Epple responded the land use plan is an advisory document, but zoning does need to be in substantial compliance with it. A designation of B-P would be in compliance for this property. Mr. Anacker said the applicant requested B-2 zoning because of the property's location and existing designation. His concern is this property was in the master plan language for B-2 when the application was submitted and approved, and it continues to be today. He stated he hasn't heard any evidence to the contrary to that; there simply is no alternative to the requested zoning designation. Commissioner Kirchhoff asked City Attorney Luwe if a B-P designation would be in substantial compliance. Mr. Luwe replied he hasn't spent any time looking at that, but his tentative opinion is B-P is not in compliance. Commissioner Frost asked if there is any other property out there that is requesting to be annexed. Planning Director Epple responded at this time the Valley Center Business Park application, the school district application, and the SANDAN annexation application are outstanding. Commissioner Frost then noted it seems like the Commission is going to have to approve this, but he would like to recommend the 2020 master plan change that area's designation to R-O or B-P. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that Ordinance No. 1530, establishing an initial zoning designation of "B-2" on the 4.24-acre parcel described as Tract B-1 of Certificate of Survey No. 1827, 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 Frost, Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, and Mayor Youngman; those voting No, none. Appointments to various boards and commissions: (a) Band Board, (b) Board of Appeals, (c) Bozeman Area Bicycle Advisory Board, (d) City-County Board of Health, (e) Fire Code Board of Appeals, (f) Pedestrian/Traffic Safety Committee, {g) Recreation and Parks Advisory Board, {h) Senior Citizens Advisory Board and {i) Zoninq Commission Included in the Commissioners' packets was a memo from Deputy Clerk of the Commission DeLathower, dated December 28, 2000, forwarding the list of applicants for the various boards and commissions. -5- Mayor Youngman suggested discontinuing the requirement to have people resign in writing since it isn't in the rules of procedure. She proposed phone contact is sufficient, with a note from staff listing the time and date of the call. It was moved by Commissioner Brown, seconded by Commissioner Frost, that Charles McGuire be reappointed to the Band Board, with a 3-year term to expire on December 31, 2003. 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. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that Gene Brooks be reappointed to the Board of Appeals, with a 3-year term to expire on December 31, 2003. 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. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that Scott Doss, Jon Engen, John Gallagher, and Alexandra Phillips be reappointed to the Bozeman Area Bicycle Advisory Board, with 1-year terms to expire on December 31, 2001. 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. It was moved by Commissioner Kirchhoff, seconded by Commissioner Smiley, that Patricia Butterfield's term be extended to January 4, 2002, that Brian Leland be appointed to replace Seth Pincus, with an initial term to expire on January 3, 2003, and that Dennis Alexander be appointed to replace Warren Jones, with a 3oyear term to expire on January 5, 2004 to the City-County Board of Health. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Smiley, Commissioner Brown, Commissioner Frost, and Mayor Youngman. Those voting No, none. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that Gene Brooks be reappointed to the Fire Code Board of Appeals, with a 3-year term to expire on December 31,2003. 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. It was moved by Commissioner Smiley, seconded by Commissioner Frost, that Jodi Carson be appointed to the Pedestrian/Traffic Safety Committee, with a 2-year term to expire on December 31, 2002. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Frost, Commissioner Kirchhoff, Commissioner Brown, and Mayor Youngman. Those voting No, none. It was moved by Commissioner Smiley, seconded by Commissioner Frost, that Sandy Appleby be appointed to replace Peter Bronken, with a 3-year term to expire on December 31,2003, that Kate Gardner be appointed to replace Brian Troth, with a 3-year term to expire on December 31,2003, that Thane Richard be appointed to a 1 -year term as a student representative, with a term to expire on June 30, 2002, and that Steve Sparks be reappointed to a 3-year term, to expire on December 31, 2003, to the Recreation and Parks Advisory Board. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Frost, Commissioner Kirchhoff, Commissioner Brown, and Mayor Youngman. Those voting No, none. -6- It was moved by Commissioner Brown, seconded by Commissioner Smiley, that Phyllis Schuttler be appointed to replace John Austin on the Senior Citizens Advisory Board, with a 2-year term to expire on December 31,2002. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Smiley, Commissioner Kirchhoff, Commissioner Frost, and Mayor Youngman; those voting No, none. It was moved by Commissioner Smiley, seconded by Commissioner Brown, that Edward Musser be reappointed to the Zoning Commission, with a 2-year term to expire on January 31, 2003. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Brown, Commissioner Frost, Commissioner Kirchhoff, and Mayor Youngman; those voting No, none. Appointments to those vacancies not filled today will be included on a future agenda. Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. (1) Letter from John W. and Elizabeth M. Hanes, dated December 27, voicing opposition to expansion of the landfill or constructing a transfer station on the site. (2) Letter from Bill Wright, Chairman of the Gallatin Conservation District, dated December 19, inviting the Commissioners to attend the Resource Conservation & Development (RC&D) organizational meeting to be held at 4:30 pm on Tuesday, January 2. (3) superstore. Petition containing 21 signatures, dated December 19, in opposition to a WalMart (4) Letter dated December 15 from the Community Affordable Housing Advisory Board forwarding minutes from their November 29 meeting and suggestions on displacement policies. (5) Agenda for the County Commission meeting which was held on Wednesday, December 27, at the Courthouse. (6) Agenda for the County Commission meeting which was held this morning at the Courthouse. (7) Agenda for the Development Review Committee meeting which was held at 10:00 am today at the Professional Building. (8) Agenda for the City Planning Board meeting to be held at 7:00 pm on Wednesday, January 3, 2001, in the Commission Room. (9) Results of the mediation regarding what days and time the City should rent the Bogert Pavilion to wheeled recreational users. (10) Memo from Director of Public Service Arkell announcing the Waste Not Montana 2001 Regional Recycling Conference. -7- City Manager Johnson forwarded the following FYI item: 1 ) He is working on the Commission's e-government suggestions, and he believes the Virtual Town Hall will be a workable solution for the city. Virtual Town Hall will allow staff to directly input text and is quite easy and readable. It can include volunteer application forms and citizen comment forms if the Commission desires. All Commissioners agreed to have those forms included, noting a section for references needs to be added to'the volunteer application form. During her FYI, Commissioner Smiley distributed a report on the mediation regarding what days and times the city should rent the Bogert Pavilion. It was agreed to schedule a work session item to discuss a draft resolution of a noise ordinance. Commissioner Brown presented the following FYI item: 1 ) There will be a FOR Parks meeting on Thursday, January 4, at 7:00 pm, with a 6:00 pm showing of the film remembering Columbia Gardens in Butte. During his FYI, Commissioner Frost offered the following: 1) The City needs to put up deer crossing signs on I~agy Boulevard; specifically in the areas near the golf course, further east by the open space area, and in the Kagy Corner area. Mayor Youngman presented the following FYI items: 1 ) She will be going to Helena on Friday for a large cities legislative agenda meeting. 2) A local internet company has volunteered to post surveys free, and they are ready to go at any time if the Commissioners want to take advantage of their offer. Commissioner Frost stated they would need to know who is responding because it needs to be city residents rather than county ones if an issue is city specific. Aisc, he would like to use a survey that offers people a series of options. Commissioner Brown noted he would be opposed to using surveys as the only source of citizen input. Mayor Youngman responded she will check into these concerns. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Authorize City Manager to sign - Professional Services Agreement with Morrison- Maierle, Inc. - for Wastewater Treatment Plant {WWTP) Modifications Authorize Mayor to sign - Findings of Fact and Order for the preliminary plat for South Meadows Condominium P.U.D. (subdivide 25.935-acre lot described as Lot 1, South Meadow Minor Subdivision, into 100 condominium lots) Authorize writinq off of uncollected miscellaneous accounts receivable, in the total amount of $12,976.46, per listings in memos dated December 1, December 5, and December 7, 2000 Claims It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that the Commission approve the Consent Items as listed and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost, Commissioner Smiley, and Mayor Youngman; those voting No, none. -8- Break,- 4:45 to 4:55 pm Mayor Youngman declared a break from 4:45 pm to 4:55 pm, in accordance with Commission policy. Executive Session re personnel - evaluation of Clerk of the Commission At 4:55 pm, Mayor Youngman announced that, pursuant to Section 2-3-203(3), Montana Code Annotated, the Montana Constitution and the Montana Supreme Court rulings, she, as presiding officer, has deter~nined that the right to privacy clearly exceeds the merits of public disclosure. She then called an executive session for the purpose of evaluating the Clerk of the Commission and requested that all persons except the Commissioners, City Manager and the Clerk leave the room. At 6:25 pm, Mayor Youngman closed the executive session and reconvened the open meeting. Adjournment - 6:25 pm There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Kirchhoff, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Kirchhoff, Commissioner Smiley, Commissioner Brown and MaYor Youngman; those voting No, none. MARCIA B. YOUNGer ATTEST: ROBIN L. SULLIVAN Clerk of the Commission PREPARED BY: K/~REN 'L. DeLATHOWER Deputy Clerk of the Commission