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HomeMy WebLinkAbout2005-10-03 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA October 3, 2005 ***************************** The Commission of the City of Bozeman met in regular session in the Community Room, Gallatin County Courthouse, 311 West Main Street, on Monday, October 3,2005, at 7:00 p.m. Present were Mayor Andrew Cetraro, Commissioner Jeff Krauss, Commissioner Marcia Youngman, Commissioner Steve Kirchhoff, City Manager Chris Kukulski, Assistant City Manager Ron Brey, Director of Public Service Debbie Arkell, Director of Finance Anna Rosenberry, Planning Director Andy Epple, Staff Attorney Patti Day-Moore, and City Clerk Robin Sullivan. Commissioner Hietala was absent. The meeting was opened with the Pledge of Allegiance and a moment of silence. Authorize absence of Commissioner Hietala from this meetina It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the Commission authorize the absence of Commissioner Hietala from this meeting. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff, and Mayor Cetraro; those voting No, none. Minutes - March 21. June 6, Julv 5, July 11. Julv 18. Auaust 1. Auaust 15. Auaust 22. Auaust 29, September 6, September 12, September 19 and September 26,2005 It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the minutes of the meetings of August 22 and August 29,2005, be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Kirchhoff, Commissioner Krauss, and Mayor Cetraro; those voting No, none. Mayor Cetraro deferred action on the minutes of the meetings of March 21, June 6, July 5, July 11, July 18, August 1, August 15, September 6, September 12, September 19, and September 26, 2005, to a later date. Consent Items City Manager Kukulski presented to the Commission the following Consent Items. Commission Resolution No. 3848 - levyina and assessing Iiahtina district assessments for Fiscal Year 2005: provisionallv adopt and set public hearina for October 17 COMMISSION RESOLUTION NO. 3848 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING MAINTENANCE AND ELECTRICAL CURRENT COSTS FOR SPECIAL IMPROVEMENT LIGHTING MAINTENANCE DISTRICTS OF THE CITY OF BOZEMAN. Commission Resolution No. 3849 - levvina and assessina delinauent aarbaae assessments for Fiscal Year 2005: provisionallv adopt and set public hearina for October 17 1 0-03-05 -2- COMMISSION RESOLUTION NO. 3849 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAYTHE COST AND EXPENSE OF COLLECTING, REMOVING AND DISPOSING OF SOLID WASTE. Commission Resolution No. 3850 - leVYina and assessina delinauent sewer charaes for Fiscal Year 2005: provisionallv adopt and set public hearina for October 17 COMMISSION RESOLUTION NO. 3850 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, UNLESS PROVISIONALLY EXEMPTED, TO COLLECT DELINQUENT SEWER CHARGES PLUS COSTS AND EXPENSES INCURRED BY THE CITY OF BOZEMAN, AS PROVIDED FOR IN SECTION 7-13-4309, MONTANA CODE ANNOTATED. Commission Resolution No. 3851 - levyina and assessina delinauent snow removal charaes for Fiscal Year 2005: provisionallv adopt and set public hearina for October 17 COMMISSION RESOLUTION NO. 3851 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, UNLESS PROVISIONALLY EXEMPTED, TO DEFRAY THE COST AND EXPENSE FOR REMOVAL OF SNOW AND ICE FROM SIDEWALKS IN THE CITY OF BOZEMAN UNDER THE PROVISIONS OF CHAPTER 12.24 OF THE CITY OF BOZEMAN MUNICIPAL CODE. Acknowledae receipt of work Dlans and budaets for the Downtown Bozeman Business Improvement District and the Tax Increment Financina District Commission Resolution No. 3852 - leVYina and assessina business improvement district assessments for Fiscal Year 2006: provisionallv adopt and set Dublic hearina for October 17 COMMISSION RESOLUTION NO. 3852 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL YEAR 2006 UPON ALL REAL PROPERTY IN THE BUSINESS IMPROVEMENT DISTRICT, LOCATED IN THE CITY OF BOZEMAN'S DOWNTOWN AREA, TO DEFRAY THE ESTIMATED COST AND EXPENSE TO BE INCURRED IN THE BUSINESS IMPROVEMENT DISTRICT FOR THE FISCAL YEAR. Commission Resolution No. 3853 - leVYinQ and assessina Special Improvement District No. 674 (street. water and sewer improvements in Bridaer Center Subdivision): provisionallv adopt and set public hearina for October 17 COMMISSION RESOLUTION NO. 3853 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL BENEFITED PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 674 IN THE CITY OF BOZEMAN,COUNTYOF GALLATIN,STATEOF MONTANA,TO DEFRAYTHE COST 1 0-03-05 - 3 - OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 674. Commission Resolution No. 3854 - lewing and assessina Special Improvement District No. 675 (street improvements on North 19th Avenue): provisionallv adopt and set public hearina for October 17 COMMISSION RESOLUTION NO. 3854 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL BENEFITTED PROPERTYIN SPECIALlMPROVEMENT DISTRICT NO. 675 IN THE CITY OF BOZEMAN, COUNTY OF GALLA TIN,STA TE OF MONTANA, TO DEFRA YTHE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 675. Commission Resolution No. 3855 - lewina and assessina Special Improvement District No. 676 (street improvements on Vallev Center Road): provisionallv adopt and set public hearina for October 17 COMMISSION RESOLUTION NO. 3855 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL BENEFITTED PROPERTYIN SPECIAL IMPROVEMENT DISTRICT NO. 6761N THE CITY OF BOZEMAN, COUNTYOF GALLA TIN,ST A TE OF MONTANA, TO DEFRA YTHE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 676. Commission Resolution No. 3856 - lewina and assessina Special Improvement District No. 677 (traffic sianal improvements at intersection of North 19th Avenue and Valley Center Road): provisionallv adopt and set public hearina for October 17 COMMISSION RESOLUTION NO. 3856 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL BENEFITTED PROPERTYIN SPECIALlMPROVEMENT DISTRICT NO. 6771N THE CITY OF BOZEMAN, COUNTY OF GALLA TIN,ST ATE OF MONTANA, TO DEFRA YTHE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 677. Commission Resolution No. 3857 - lewina and assessina Special Improvement District No. 678 (traffic sianalization at intersection of North 19th Avenue and Cattail Street): provisionallv adopt and set public hearina for October 17 COMMISSION RESOLUTION NO. 3857 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL BENEFITTED PROPERTYIN SPECIALlMPROVEMENT DISTRICT NO. 678 IN THE CITY OF BOZEMAN, COUNTY OF GALLA TIN,ST ATE OF MONTANA, TO DEFRA YTHE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 678. Commission Resolution No. 3858 - lewing and assessina Special Improvement District No. 683 (street improvements on West Babcock Street): provisionallv adopt and set public hearina for October 17 1 0-03-05 -4- COMMISSION RESOLUTION NO. 3858 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL BENEFITTED PROPERTYIN SPECIALlMPROVEMENT DISTRICT NO. 683 IN THE CITY OF BOZEMAN, COUNTY OF GALLA TIN,ST ATE OF MONTANA, TO DEFRA YTHE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 683. Commission Resolution No. 3859 - revisina solid waste collection fees. effective on November 1, 2005 billina COMMISSION RESOLUTION NO. 3859 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING SOLID WASTE COLLECTION FEES WITHIN THE CITY OF BOZEMAN. Commission Resolution No. 3860 - establishina restrictions on solid waste accepted at the City's landfill. effective October 16, 2005 COMMISSION RESOLUTION NO. 3860 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING THE TYPES OF WASTE PERMITTED AT THE CITY OF BOZEMAN LANDFILL, AFFIRMING THE LANDFILL FEE SCHEDULE, AND RESTRICTING THE USERS OF THE CITY OF BOZEMAN LANDFILL. Commission Resolution No. 3862 - intent to revise the Bozeman 2020 Communitv Plan bv amendina the land use desianation from "Future Urban" to "Residential" on 70.93 acres and "Neiahborhood Commercial" on 4.10 acres at southwest corner of intersection of Huffine Lane and Cottonwood Road COMMISSION RESOLUTION NO. 3862 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, STATING THE CITY'S INTENT TO REVISE THE BOZEMAN 2020 COMMUNITY PLAN BY AMENDING THE LAND USE DESIGNATION, AS SHOWN ON THE FUTURE LAND USE MAP, FROM "FUTURE URBAN" TO"RESIDENTIAL" FOR 70.93 ACRES AND TO "NEIGHBORHOOD COMMERCIAL" FOR 4.10 ACRES ON PROPERTY WHICH IS DESCRIBED AS TRACT NO.1 OF COS NO. 24 AND THE PARCELS SHOWN ON COS NO. 25, BOTH LOCATED IN THE NE%, SECTION 16, T2S, R5E, P.M.M., GALLATIN COUNTY, MONTANA. Ordinance No. 1647 - establishina initial municipal zonina desianations of "R-1", Residential-Sinale-household. Low-density, on %4.8 acres and "R-S". Residential- Suburban. on %33 acres Iyina alona north side of Bridaer Drive. immediatelv northeast of Headlands Subdivision: finallv adopt ORDINANCE NO. 1647 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP AND ESTABLISHING AN INITIAL MUNICIPAL ZONING DESIGNATION OF "R-1" (RESIDENTIAL SINGLE-HOUSEHOLD, LOW DENSITY DISTRICT) ON 4.8:t ACRES AND "R.S" (RESIDENTIAL SUBURBAN DISTRICT) ON 33:t ACRES LOCATED IN E% SE% OF SECTION 32, T1S, R6E, PMM, GALLATIN COUNTY, MONTANA. Ordinance No. 1648 - amendina the zonina desianation from "R-S". Residential- Suburban. to "R-O". Residential-Office. on 10 acres Ivina alona west side of Haaaerty Lane. south of its intersection with Ellis Street: finallv adopt 1 0-03-05 - 5 - ORDINANCE NO. 1648 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP FROM R-S (RESIDENTIAL SUBURBAN DISTRICT) TO R-O (RESIDENTIAL OFFICE DISTRICT) ON 10 ACRES, ON PROPERTY DESCRIBED AS A PORTION OF TRACT 3 OF CERTIFICATE OF SURVEY NO. 2047, LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 17, TOWNSHIP 2 SOUTH, RANGE 6 EAST, PRINCIPAL MERIDIAN MONTANA, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. Ordinance No. 1649 - amendina the zonina desianatlon from "R-3". Residential- Medium-density. to "R-4" , Residential-Hiah-densitv. on 10.13 acres at the southeast corner ofthe intersection of West Oak Street and North 14th Avenue: finallvadoDt ORDINANCE NO. 1649 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP FROM R-3 (RESIDENTIAL MEDIUM DENSITY DISTRICT) TO R-4 (RESIDENTIAL HIGH DENSITY DISTRICT) ON 10.13 ACRES, ON PROPERTY LOCATED IN THE NE%, SW%, SECTION 1, T2S, R5E, PMM, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. Ordinance No. 1650 - establishina initial municipal zonina desianation of "R-3", Residentlal-Medlum-densitv, on 90.552 acres Ivina south of West Oak Street extended. east of Flanders Mill Road and north of Durston Road at Ferauson Road extended: finallv adoDt ORDINANCE NO. 1650 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP BY ESTABLISHING AN INITIAL ZONING DESIGNATION OF "R-3" (RESIDENTIAL MEDIUM DENSITY DISTRICT) ON APPROXIMATELY 88 ACRES SITUATED IN A PORTION OF THE SW% AND SE% OF SECTION 3, T2S, R5E, PMM, GALLATIN COUNTY, MONTANA. Ordinance No. 1651 - amendina the zonina desianation from "R-S". Residential- Suburban. to "R-1". Residentlal-Sinale-household, Low-densitv. on 84 acres in Phase I of Baxter Meadows Subdivision: finallv adopt ORDINANCE NO. 1651 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP FROM R-S (RESIDENTIAL SUBURBAN DISTRICT) TO R-1 (RESIDENTIAL-SINGLE-HOUSEHOLD, LOW-DENSITY DISTRICT) ) ON APPROXIMATELY 84 ACRES SITUATED IN THE SW%, SECTION 34, T1S, R5E, PMM, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. Authorize Mavor to sian - Aareement between City of Bozeman and Accessible Space. Inc.. for Home Investment Partnership Proaram: Deed Restriction Aareement between City of Bozeman and Accessible SDace, Inc., for 18-unit rental houslna prolect on Lot 3, Bridaer Peaks Villaae Subdivision Authorize City Manaaer to sian - Acceptance of Waterline and Storm Drainaae Easement and Aareement from Baxter Meadows Development, L.P. - across remainder of Tract 2A. COS No. 2202A Acknowledae receipt of petitions for expansion of business improvement district: refer to staff 1 0-03-05 -6- Acknowledge receipt of reauest for annexation of approximatelv 320 acres Ivina alona east side of Story Mill Road, immediatelv east of the City's landfill (Churn Creek Annexation) - Churn Creek Partners, LLC: refer to staff Acknowledae receipt of Buildina Inspection Division report for Auaust 2005 Claims Ms. Rebecca Mattix, 6941 Bristol Lane, stated that, as a county resident, she is concerned about adoption of Commission Resolution No. 3860, which restricts use of the City's landfill by county residents, effective October 16. She cautioned that some county residents may choose to dump their waste on private or public lands close to Bozeman rather than traveling to the Logan landfill. She asked that, if the Commission chooses to implement this restriction, the effective date be delayed until the County provides transfer sites close to Bozeman. Commissioner Krauss responded that the County must address the providing of transfer sites for county residents. He then noted that the City plans to join the solid waste district. To date, he indicated that the County Commission has chosen not to require all county residents to haul to the Logan landfill; and in a recent joint meeting between the City Commission and County Commissioners, they expressed no concern about the potential of illegal dumping and indicated they had a mechanism for addressing the issue. He concluded by voicing his intent to preserve the City landfill for city residents until the solid waste district is fully operational and solutions have been provided for all county residents. It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, 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 Youngman, Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, and Mayor Cetraro; those voting No, none. Public comment Mr. Bob Dehlendorf, 1006 West Main Street, noted that last week's Commission action was a 5-0 negative vote on returning the transportation bill funding for relief for the Hurricane Katrina victims. He then forwarded a proposal that the $1.125 million in the transportation bill for bicycle and pedestrian trails around the new library be returned and that the local community undertake a fund raising and volunteer campaign to install those trails. He suggested that those monies could then be used to assist the hurricane victims. This action would do much to reverse the nation's negative impression stemming from Bozeman's vote and show that the City does, indeed, have a heart. Ms. Deb Stober, 395 Valley Drive, spoke on behalf of the NorthWest Neighborhood Network, expressing concern about the 35-mile-per-hour speed limit signs recently installed along Durston Road west of Hunters Way. She noted that during all the recent informational and public meetings regarding the impending Durston Road improvements, residents have been assured that the speed limit would remain at 25 miles per hour until after the improvements had been completed and a speed study completed. She concluded by requesting that the Commission direct staff to immediately remove the new speed limit signs, reducing the speed limit back to 25 miles per hour, and increase enforcement of the speed limit. She also asked that the Commission ensure no speed studies or changes in speed limits be allowed unless specifically approved by the governing body. Director of Public Service Debbie Arkell acknowledged that, during the public meetings on Durston Road, staff stated that the current speed limits of 25 miles per hour on Durston Road would remain in place; however, she forgot that a speed study had been previously authorized because a portion of that road is in the county, and the County cautioned that the official speed limit was 70 miles per hour unless a speed study was done and the speed limit set based on that study. The County then removed the signs and, in April, she directed Engineering Assistant Andy Kerr to undertake the study. On June 21 , as a result of that study, she also directed staff to post new speed limit signs based on the 85th percentile in those results; and the installation of those signs was delayed because of the workload. Responding to Commissioner Youngman, the Director of Public Service stated many of the children cross Durston Road at North 25th Avenue and possibly one or two other intersections to the west. 1 0-03-05 - 7 - Responding to City Manager Kukulski, Director of Public Service Debbie Arkell stated that staff has submitted a request to the Montana Department of Transportation for interchangeable signs for the North 25th Avenue intersection, to lower the speed to 15 miles per hour at 8:00 a.m. and 3:00 p.m., when a majority of the children are crossing for school. She noted the initial response was negative, but the MDT engineer is reconsidering that request; if the answer remains negative after all avenues have been exhausted, staff will look at using gas tax monies to purchase the needed signs. Commissioner Krauss stated this incident reflects the need for setting speed limits by ordinance and asked that an ordinance establishing that requirement be drafted and placed on the agenda as soon as possible. He also stressed the need of protecting the school children as they cross Durston Road not only at the end of school but following after school activities as well. City Manager Kukulski noted that the Durston Road situation is not unique, but reflects the issues encountered on every collector and arterial street near school zones and residential neighborhoods. Commissioner Youngman expressed concern that if people are now driving 35 miles per hour, they will drive even faster when the new three-lane street section is completed. She then cautioned that setting lower speed limits by ordinance will not cause safer behavior. Commissioner Krauss suggested that the Commission direct the City Manager to enforce the 25- mile-per-hour speed limit on Durston Road, and acknowledged that traffic enforcement is a significant problem in Bozeman. Responding to Commissioner Kirchhoff, the Director of Public Service stated that the Montana Department of Transportation determined that the flashing light on West Babcock Street by the Willson School could not be relocated to Durston Road, but noted the City could request school safety funds for the crossing on Durston Road. Proclamation - "Leif Ericsson Dav" - October 9. 2005: presentation from Sons of Norwav Included in the Commissioners' packets was a copy of the proclamation for "Leif Ericsson Day". Mr. Glen Welch, President of the Sons of Norway, noted that they believe Leif Ericsson reached the North American continent about 500 years before Columbus did. This week, the Sons of Norway are celebrating 100 years of independence from Sweden as well as Leif Ericsson Day. He concluded by inviting the Commissioners to attend a lutefisk, lefse and meatball dinner at the Senior Center on Sunday. It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the Commission concur in the Mayor's proclamation of October 9 as "Leif Ericsson Day". The motion carried by the following Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff, and Mayor Cetraro; those voting No, none. Reauest from Venture Center. Inc., dba TechRanch. for tax reduction based upon the exemption for business incubators: Commission Resolution No. 3861 - approvina reQuested tax reduction This was the time and place set for the publiC hearing on the request from Venture Center, Inc., dba TechRanch, for tax reduction based upon the exemption for business incubators. Public hearing. Mayor Cetraro opened the public hearing. Director of Finance Anna Rosenberry presented the staff report. She noted that, based on the equipment market value for Fiscal Year 2005 as reported by the Montana Department of Revenue, the impact of the tax reduction would be approximately $200 per year. She noted there is no time limit on this requested reduction, and that Tech Ranch would remain eligible for the reduction as long as it remains a business incubator. No one was present to speak in support of or in opposition to the requested tax reduction. 1 0-03-05 -8- Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Decision. In conjunction with this agenda item, a copy of Commission Resolution No. 3861 was included in the Commissioners' packets, entitled: COMMISSION RESOLUTION NO. 3861 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROVING THE APPLICATION OF VENTURE CENTER, INC., (DBA TechRanch) FOR TAX REDUCTION UNDER SECTION 15-24-1801, ET SEQ, MONTANA CODE ANNOTATED. It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the Commission adopt Commission Resolution No. 3861, approving the application from Venture Center, Inc., dba T echRanch, for tax reduction under Section 15-24-1801 , et seq., Montana Code Annotated. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Kirchhoff, Commissioner Krauss, and Mayor Cetraro; those voting No, none. . Variance from Section 18.42.1 OO.B. Bozeman Municipal Code, to allow a 25-foot watercourse setback on the east side of East Catron Creek - Faure Halvorsen Architects for Evanaelical Free Church (Z-05193) This was the time and place set for the public hearing on the variance from Section 18.42.1 OO.B of the Bozeman Municipal Code, as requested by Faure Halvorsen Architects for Evangelical Free Church under Application No. 2-05193, to allow a 25-foot watercourse setback on Parcel A, Certificate of Survey No. 1328A, along the east side of East Catron Creek. The subject property is located at 1701 South 19th Avenue. Public hearing. Mayor Cetraro opened the public hearing. Assistant Planning Director Chris Saunders presented the staff report. He noted the applicant proposes to add approximately 23,000 square feet to the existing church through multiple phases. He reminded the Commission that when the adjacent property was being subdivided, the stream was relocated to the east; and at that time it was recognized the relocation could impact expansion of the church and its parking lot. The Assistant Planning Director stated that staff has reviewed this application in light of the applicable criteria, and staff's comprehensive findings are contained in the written staff report. Based on those findings, staff has forwarded a recommendation for approval of the variance. At Commissioner Krauss's request, the Assistant Planning Director highlighted the criteria and staff's findings. He stated that, given the character of the watercourse, which is often dry, staff finds the encroachment into the setback would not have a detrimental effect on it. He then indicated that staff does not find this request is contrary to the public interest and that it observes the spirit of the ordinance. Responding to Commissioner Krauss, the Assistant Planning Director estimated that the streambed was relocated 20 to 25 feet. Mr. Jim Loessberg, member of the Evangelical Free Church, stated this variance is being sought due to circumstances beyond the church's control. He noted that the church continues to grow, and they don't have a lot of property; thus, parking is at a premium. He stated that losing 23 parking spaces would hurt the church and asked that the variance be approved so those spaces can be retained. He concluded by estimating that the ditch was relocated approximately 45 feet to the east, and indicated they have no intent to change its current state. 1 0-03-05 -9- Mr. Lowell Springer, architect, noted that he was involved in the development that moved the ditch. He stated the church was cooperative in their attempts to relocate the ditch and, at that time, the development team obligated itself to support this requested variance. He noted that the ditch carries water only during high run-off. No one was present to speak in opposition to the requested variance. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Decision. Commissioner Kirchhoff expressed his concurrence with the findings in the staff report and the staff's recommendations. Commissioner Krauss noted that, while he can concur with staff's findings and recommendations, he is concerned about the potential precedent for allowing parking in the streambank setback. He identified relocation of the stream by another party as unique to this site. Commissioner Youngman voiced her agreement with staff's findings, noting that the subject stream is an unusually dry watercourse and its location was a pre-existing condition that was changed after the church was built. She then suggested that, if practical, the applicant consider a course pavement that would allow water to drain through the pavement, particularly where it encroaches into the setback. It was moved by Commissioner Kirchhoff, seconded by Commissioner Krauss, that the variance from Section 18.42.1 OO.B of the Bozeman Municipal Code, as requested by Faure Halvorsen Architects for Evangelical Free Church under Application No. 2-05193, to allow a 25-foot watercourse setback on Parcel A, Certificate of Survey No. 1328A, along the east side of East Catron Creek be approved. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Krauss, Commissioner Youngman, and Mayor Cetraro; those voting No, none. Site Plan with Certificate of Appropriateness to allow a :t29,300-sQuare-foot expansion of existina church facilitv in multiple phases - Faure Halvorsen Architects for Evanaelical Free Church. 1701 South 19th Avenue (Z-05193) This was the time and place set for the public hearing on the site plan with Certificate of Appropriateness to allow a :t29,300-square-foot expansion of the existing church facility on Parcel A, Certificate of Survey No. 1328A, as requested by Faure Halvorsen Architects for Evangelical Free Church under Application No. Z-05193. The subject property is located at 1701 South 19th Avenue. Public hearing. Mayor Cetraro opened the public hearing. Assistant Planning Director Chris Saunders presented the staff report. He stated that under this application, a 23,000-square-foot addition is to be constructed on the west side of the existing church. He noted that staff has reviewed this application in light of the applicable criteria, and staff's findings are contained in the written staff report. Based on those findings, he noted that staff has forwarded a recommendation for approval, subject to several conditions. The Assistant Planning Director stated that, since the subject property is located within an entryway corridor, the Design Review Board has reviewed this application and forwarded its recommendation for approval. Mr. Nathan Harmon, architect, stated the addition was designed to flow with the existing building and provide for efficiency in use of the structure. He then indicated concurrence with the staff report and a willingness to respond to questions. Responding to Commissioner Krauss, the Assistant Planning Director stated no additional access points on South 19th Avenue are proposed. 1 0-03-05 - 10 - No one was present to speak in opposition to the proposed expansion. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Decision. It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the site plan with Certificate of Appropriateness to allow a :!:29,300-square-foot expansion of the existing church facility on Parcel A, Certificate of Survey No. 1328A, as requested by Faure Halvorsen Architects for Evangelical Free Church under Application No. 2-05193, be approved subject to the following conditions: 1. In order to comply with the requirements of Section 18.16.050.A, the front yard encroachment along Remington Way by the assembly hall shall be corrected by moving the assembly hall an additional three feet from the right-of-way easement line. 2. In order to comply with the requirements of Section 18.42.170.B, internal bollards or other protection shall be placed within the trash enclosure to prevent damage during pickup. Alternatively, masonry construction for the enclosure may be provided. 3. In order to comply with the requirements of Sections 18.16.050.A and 18.46.01 O.E, the parking spaces located in the required 15 foot front yard along Remington Way in the western parking lot shall be removed. 4. In order to comply with the requirements of Section 18.46.040.B adequate numbers of parking spaces shall be provided prior to the issuance of a building permit for each of the three phases depicted on the site plan. On-street parking does not count towards parking requirements for non-residential uses. Parking spaces may be provided by physical construction on the site or by parking leases adequate to meet the requirements of Section 18.46.060. The six parking spaces in the western parking lot which are located within the required front yard shall be removed to comply with Section 1846.01 O.E. 5. The final site plan shall be adequately dimensioned. A complete legend of all line types used shall also be provided. 6. A Storm Water DrainagelTreatment Grading Plan and Maintenance Plan for a system designed to remove solids, silt, oils, grease, and other pollutants must be provided to and approved by the City Engineer. The plan must demonstrate adequate site drainage (including sufficient spot elevations), storm water detention/retention basin details (including basin sizing and discharge calculations, and discharge structure details), storm water discharge destination, and a storm water maintenance plan. A storm water easement must be established on the adjacent property and filed with the County Clerk and Recorder's Office for the retention pond and discharge course if located off the subject property. 7. Plans and specifications for any fire service line must be prepared in accordance with the City's Fire Service Line Policy by a professional engineer (PE), and be provided to and approved by the City Engineer prior to initiation of construction of the fire service or fire protection system. The applicant shall also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. 8. Sewer and water services shall be shown on the final site plan and approved by the Water/Sewer Superintendent. City of Bozeman applications for service shall be completed by the applicant. 1 0-03-05 - 11 - 9. The applicant shall abandon any well used for sanitary drinking water and hook into city water service immediately. Any wells on site may be used for irrigation purposes only. 10. The location of existing water and sewer mains shall be properly depicted, as well as nearby fire hydrants. Proposed main extensions shall be labeled "proposed". 11. The drive approach shall be constructed in accordance with the City's standard approach (Le., concrete apron, sidewalk section and drop curb) and shown as such on the final site plan. A City Curb Cut and Sidewalk Permit shall be obtained prior to final site plan approval. 12. City standard sidewalk shall be installed and properly depicted at the standard location (Le., 1 foot off property line) along the street(s) frontage. Any deviation to the standard alignment or location must be approved by the City Engineer. Installation of sidewalks will not be required along South 19th Avenue. 13. Typical curb details (i .e., raised and/or drop curbs) and typical asphalt paving section detail shall be provided to and approved by the City Engineer. Concrete curbing shall be provided around the entire new parking lot perimeter and adequately identified on the final site plan. 14. The Montana Department of Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality, and Army Corps of Engineers shall be contacted regarding the proposed project and any required permits (Le., 310, 404, turbidity exemption, etc.) shall be obtained prior to final site plan approval. 15. All existing utility and other easements must be shown on the final site plan. 16. Adequate snow storage area must be designated outside the sight triangles, but on the subject property (unless a snow storage easement is obtained for a location off the property and filed with the County Clerk and Recorder's office). 17. Drive approach and public street intersection sight triangles shall be free of plantings which at mature growth will obscure vision within the sight triangle. 18. If construction activities related to the project result in the disturbance of more that 1 acre of natural ground, an erosion/sediment control plan may be required. The Montana Department of Environmental Quality, Water Quality Bureau, shall be contacted by the applicant to determine if a Storm Water Discharge Permit is necessary. If required by the WQB, an erosion/sediment control plan shall be prepared for disturbed areas of 1 acre or less if the point of discharge is less than 100 feet from state waters. 19. South 19th Avenue is under the authority of MDT and they should be contacted regarding access to the site via Remington Way and any possible future improvements to the intersection of Remington Way and South 19th Avenue. 20. Applicant shall provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of SIDs for the following: Street improvements to South 19th Avenue including paving, curb/gutter, sidewalk, and storm drainage (unless currently filed with the property). 21. The applicant shall submit a construction route map dictating how materials and heavy equipment will travel to and from the site in accordance with section 18.74.020.A.1 of the Bozeman Municipal Code. This shall be submitted as part of the final site plan for site developments, or with the infrastructure plans for subdivisions. It shall be the responsibility of the applicant to ensure that the construction traffic follows the approved routes. 1 0-03-05 - 12 - 22. All construction activities shall comply with Section 18.7 4.020.A.2 of the Bozeman Municipal Code. This shall include routine cleaning/sweeping of material that is dragged to adjacent streets. The City may require a guarantee as allowed for under this section at any time during the construction to ensure any damages or cleaning that are required are complete. The developer shall be responsible to reimburse the City for all costs associated with the work if it becomes necessary for the City to correct any problems that are identified. 23. Additional setback width shall be provided in rear and side yards per Section 18.38.060.D.2.b if the height of the assembly hall will exceed the allowed height in the district. As an alternative means of compliance the building height may be lowered or compliance with the standards of the ordinance demonstrated. 24. Landscaping: a. The planting groups located along the western boundary shall be increased to meet the required minimum number of plants from column B of Table 48-2, Section 18.48.060.8.2. b. The diameter of the aspen trees shown along the western boundary shall be increased to meet minimum code requirements for size, Section 18.48.050.G.3. c. Watercourse setback planting is required and must be coordinated with Chapter 18.48 prior to final site plan approval. No berms are allowed within the required watercourse setback, Section 18.42.100.B. The required screening of the parking lot per Section 18.48.050.C shall be provided without use of berms. This will require alternate species choices for shrubs. d. The required boulevard trees shall be depicted on the final site plan and provided along Remington Way, per Section 18.48.070.A.2, with the first phase of the project. e. The location of the large canopy trees along the western boundary shall be adjusted to provide for mature growth. f. Landscaping points for drought tolerant landscaping shall be supported by evidence of appropriate species and application methodology. g. The silver maples located on the south side of the assembly hall have a mature width of 50-60 feet which is considerably greater than the space available. Additional landscaping beyond that depicted on the preliminary site plan is required to be placed within the Remington Way boulevard to conform to ordinance requirements. In order to avoid future conflicts between maturing trees and the building one of the following actions shall be taken: i. The silver maples are replaced with another species of canopy tree with a smaller mature spread; or ii. The silver maples be replaced with trees located within the adjacent boulevard; or Hi. The silver maples be deleted. 25. A lighting plan demonstrating compliance with standards for lighting shall be provided per Section 18.78.080.B.7.pandSection 18.78.060.R. The lights depicted on the on the assembly build ing do not meet requirements of Section 18.42.150.d. 7. The lighting plan shall be submitted prior to final site plan approval. 1 0-03-05 - 13 - The motion carried by the following Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff, and Mayor Cetraro; those voting No, none. Growth Policv Amendment - chanae the land use desianation from "Future Urban" to "Neiahborhood Commercial" on 4.10 acres and "Residential" on 70.93 acres at southwest corner of intersection of Huffine Lane and Cotttonwood Road - Grace Investments II for D. Madill (P-05039) This was the time and place set for the public hearing on the Growth Policy Amendment requested by Grace Investments II, Inc., for D. Madill under Application No. P-05039, to change the land use designation from "Future Urban" to "Neighborhood Commercial" on 4.10 acres and "Residential" on 70.93 acres described as Tract 1, Certificate of Survey No. 24 and parcels shown on Certificate of Survey No. 25. The subject property is located at the southwest corner of the intersection of Huffine Lane and Cottonwood Road. Public hearing. Mayor Cetraro opened the public hearing. Associate Planner Jody Sanford presented the staff report. She noted the applicant proposes to change the land use designation from "Future Urban" to "Residential" and "Neighborhood Commercial" on the subject 75.03-acre parcel. She stated the site currently contains a variety of uses, including a shop, warehouse, agricultural uses, and a residence. She also noted the property has several ponds and is adjacent to the Farmer's Canal. Adjacent land uses include a car dealership and bank to the north, and agricultural and residential uses in the other three directions. She indicated that the property is currently not annexed, but the applicant will likely seek annexation if this growth policy amendment is approved. The Associate Planner stated that staff has reviewed this application in light of the applicable criteria and forwarded a recommendation for denial, but has identified contingencies to be added if the Commission chooses to approve the request. She then indicated that the Planning Board considered this application, but was unable to forwarded a formal recommendation due to the lack of a majority vote. She noted the one negative vote was based on a desire to see a more intensive commercial designation at the intersection of Huffine Lane and Cottonwood Road; however, that issue must be readvertised if the Commission wishes to pursue it. Responding to Commissioner Youngman. the Associate Planner stated that, if the Commission chooses, it could approve a "Residential" land use designation for the entire parcel under the current application if it so chooses. Mr. Rob Pertzborn, architect representing the applicant. reminded the Commissioners that they have previously seen the informal application for this property. He stressed a commitment to excellence and quality, with a focus on protecting critical lands. Mr. Pertzborn noted the requested amendment includes a small area of commercial at the intersection of two arterials, across the road from an existing commercial node. He stressed that the requested commercial area is one-third of the frontage along Huffine Lane, which he believes is consistent with the goals of the Bozeman 2020 Community Plan. He noted that at a previous meeting, the Commission asked the applicant's team to explore the options of a live/work development and cautioned that this seems to work best when used as a tool to revitalize an under-utilized existing neighborhood. He then indicated the intent is to have two or three small businesses anchor the commercial node. Mr. Lowell Springer spoke in support of the application and encouraged the Commissioners to recognize the benefits of a commercial node at this intersection. No one spoke in opposition to the requested growth policy amendment. Since there were no Commissioner objections. Mayor Cetraro closed the public hearing. 1 0-03-05 - 14- Decision. Commissioner Youngman recognized that the informal application reflected a quality design. She noted, however, that the Bozeman 2020 Community Plan encourages a strong presence of residential along the community's streets and not endless commercial strips and, as a result, she supports a "Residential" land use designation. Commissioner Krauss stated he finds a "B-1" zoning designation would be appropriate for the corner of the property, particularly along a roadway that carries 20,000 vehicles per day. Commissioner Kirchhoff stated he concurs with the staff report. He noted it is important to discourage more strip commercial development and, as a result, he cannot support a commercial land use designation along Huffine Lane. He stressed the importance of establishing urban style and densities along Huffine Lane instead of large lot development. Mayor Cetraro stated he feels a small commercial node at the intersection would be appropriate and would provide a buffer for the residential area. He noted that, if there is to be commercial development on this parcel, the intersection of Huffine Lane and Cottonwood Road would be the most appropriate location. It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the Growth Policy Amendment requested by Grace Investments II, Inc., for D. Madill under Application No. P-05039, be approved by changing the land use designation from "Future Urban" to "Residential" on :1:75 acres described as Tract 1, Certificate of Survey No. 24 and parcels shown on Certificate of Survey No. 25. 1. The applicant shall submit, within thirty (30) days of approval by the City Commission, an 8~- by 11-inch or 8~- by 14-inch exhibit entitled "Madill Growth Policy Amendment" to the Planning Department containing an accurate description of the property for which the growth policy designation is being amended. The exhibit must be acceptable to the Planning Department. 2. The resolution for the growth policy amendment shall not be drafted until the applicant provides an exhibit of the area to be redesignated, which will be utilized in the preparation of the resolution to officially amend the Future Land Use Map of the Bozeman 2020 Community Plan. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Kirchhoff, and Mayor Cetraro; those voting No being Commissioner Krauss. Zone Map Amendment - establish initial municipal zonina designation of "R-2" on 2.65-acre parcel located south of intersection of West Babcock Street and Michael Grove Avenue - City of Bozeman for Glen Haven Properties, Inc. (Z-05182) This was the time and place set for the public hearing on the Zone Map Amendment requested by the City of Bozeman for Glen Haven Properties, Inc., under Application No. Z-05182, to establish an initial zoning designation of "R-2" , Residential- Two-household, Medium-density, on a 2.65-acre tract lying along the south side of West Babcock Street at its intersection with Michael Grove Avenue. Public hearing. Mayor Cetraro opened the public hearing. It was moved by Commissioner Kirchhoff, seconded by Commissioner Krauss, that the pUblic hearing be continued to November 7 to give the Zoning Commission an opportunity to forward its recommendation. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Krauss, Commissioner Youngman, and Mayor Cetraro; those voting No, none. 1 0-03-05 - 15 - Break - 8:15 to 8:25 p.m. Mayor Cetraro declared a break from 8: 15 p.m. to 8:25 p.m., in accordance with Commission policy. ReQuest for permission to make snow for ski trails - Bridaer Ski Foundation Included in the Commissioners' packets was a memo forwarding staffs recommendations, attached to which were the Foundation's snowmaking proposal, notes from the August 25 neighborhood meeting, minutes from the September 20 Cemetery Board meeting, and copies of Commission Resolution Nos. 1062 and 1063, pertaining to purchase of the Elk's Club property for cemetery and park purposes. Also included in the packet was a letter of public comment, and several additional letters were distributed just prior to the meeting. Mr. Chris Axelson, coach with Bridger Ski Foundation (BSF) and coordinator of the snowmaking program, stated he was previously involved in installation of a system identical to the one proposed. He noted the mission of the Bridger Ski Foundation is to promote a healthy lifestyle. It currently has 300 members, including over 120 youth, 70 juniors and 50 masters, ranging from inexperienced to elite team athletes. He stated the club is internationally recognized, with some of its athletes having competed in Europe and on the US ski team. He noted that cross country skiing has been using the Lindley Center grounds and portions of cemetery land since the 1970s and, through collaboration with the hospital, the trails are now being extended beyond the City properties. He stated there are now 7'Y:z kilometers of groomed ski trails within the city and, under this proposal, skiing could occur every year through use of snowmaking equipment when necessary. He stressed that cross country skiing is inexpensive, fun, and readily accessible. Mr. Axelson gave a brief power point presentation on the proposed snowmaking equipment and its location, noting that it includes a snow fan, irrigation pipe, generator, and a fire hydrant. He noted they plan to make snow on approximately 15 days and nights to lay a foundation for the trail, at the expense of the Bridger Ski Foundation. The equipment is to be located adjacent to the hospital, or 300 meters from the nearest house. He acknowledged that parking has also been a neighborhood concern and, to address it, they are proposing to move the BSF activities to the hospital and use the recreation complex parking lot for overflow parking. He also indicated a willingness to accept responsibility for ensuring trash does not become an issue. Mr. Gene Brooks, 1206 East Curtiss Street, expressed concern about parking and the potential that residents' mailboxes will be blocked. He acknowledged that the Bridger Ski Foundation should not be responsible for parking by those not in the club, but expressed concern that the City would also not enforce parking violatins. He then noted that the American Legion does approximately 25 military honors at Sunset Hills Cemetery every year, mostly on the southern boundary; and this request results in the cemetery being an island surrounded by recreational activities. He stated one should be laid to rest in quiet, and it is difficult to do so with the hubbub of recreational activities around the site. He asked that the Commission not approve this request or, at the very least, postpone action and direct the applicants to bring back a specific plan for addressing parking and noise. . Mr. Duane Burkenpas, 1108 East Babcock Street, stated he attended the August 25 neighborhood meeting, where much concern was voiced about the noise of the snowmaking equipment and the generator. Also, concern was expressed about parking, speed and blocking mailboxes as well as snow being kicked back onto sidewalks. He acknowledged that the Bridger Ski Foundation may be able to control its own members, but would have no control over non-members. Following that meeting, he attended the Cemetery Board meeting, where representatives of BSF attempted to explain how impacts on the neighborhood would be minimized by placing the equipment closer to the hospital. He concluded by voicing concern about the impacts that ski meets will have on the area and urging the Commission to give serious consideration to the entire adjoining area. Mr, Kirk Hanson, resident of Marwyn Addition, stated opinion in the neighborhood is mixed. He suggested that approving this request could be of benefit to the community generally and suggested that many of the concerns expressed by the residents can be addressed. 1 0-03-05 -16- Mr. Justin Easter stated he is an elite skier, and part of the reason he moved here from Maine was for the skiing and altitude. He noted that this proposal does not add an activity, it simply makes it better and expands the recreational opportunities in a growing community. Mr. Pat Flowers, 4214 Graf Street, urged the Commission to approve this request, noting that a drive along Highland Boulevard this evening revealed hundreds of skiers using the trail system. He noted that BSF estimated at least 10,000 skier days at Lindley Center in 2004, reflecting the important value of this activity to the community. He stated that he moved to Bozeman six years ago and was able to enroll his two daughters in the program. He noted they have learned the value of physical activity and the rewards of hard work without having to drive an extended distance on potentially hazardous winter roads. Mr. Ray Heagney, 750 Alpine Way, stated he grew up in Bozeman and has seen many changes. He noted that the ski trails would blend nicely with the work that the Gallatin Valley Land Trust has done in providing trails in the community and around its periphery. He encouraged Commission support for this application, stating he feels that the logistical concerns voiced by the neighborhood can be addressed. Mr. Bob Smith, 413 Overbrook Drive, stated he is a member of the Bridger Ski Foundation's board, which provides oversight on the programs provided. He stressed the importance of the groom cross country trails to the community's youth and adults and noted one of the board's main concerns is the safety of youth when traveling. He encouraged the Commission's approval of this request, noting it is crucial to the success of the program. Mr. Paul Anderson, 3017 Westridge, stated he was a member of BSF when he was young and skied in high school. He stated that experience was important in forming who he is as a person, as a father, and as a teacher at the high school who has a number of skiers in his class. He characterized them as some of his brightest students, noting they work hard academically and athletically. He stated the Lindley Center provides a wonderful opportunity and encouraged approval of this request. Mr. Peter Hale, 401 West Olive Street, expressed his support for the BSF proposal. He noted that, since he lives at the intersection of South 4th Avenue and West Olive Street, he is aware of the parking issues that can be created by the Bridger Alternative School, Willson School, and Emerson Cultural Center; however, he recognized that is also part of why he lives in this town. He encouraged the Commission to recognize the benefit that this facility provides for the entire community and asked that they approve the request. Mr. Lyle Anderson, 8 Gardner Park Drive, stated he is a senior citizen and one who still tries to do some skiing. He noted that the course at the Lindley Center provides an opportunity for people like him to remain active, even if they ski at a slow pace. Ms. Tammy Meyer, 112 Heritage Drive. noted the mountains and the skiing opportunities are what brought them to Bozeman three years ago. She stated cross country skiing is a cradle-to-grave activity that is beneficial to one's overall health and social wellbeing. She encouraged the City to take advantage of this opportunity to encourage a healthy lifestyle and approve this request. Ms. Wendy Pierce, 3560 Yellowbell, stated her children ski with the Bridger Ski Foundation. She stated that the requested snowmaking equipment will allow the community to retain this asset and provide for more consistent skiing opportunities each year rather than being weather dependent. Ms. Kendra Wiegand, 625 South 19th Avenue, stated she has made a lot of friends through skiing and noted that it provides a good opportunity for students to ski and still have time to do homework. Ms. Kristen Westesen, 455 Starling Drive, stated she runs the youth sessions after school, and noted it is important to retain the ski opportunities in town because it gets dark early. She noted that last year, they were unable to run an effective program because of the lack of snow; and the requested snowmaking equipment will allow the program to operate. Mr. Gary Vodenhal, 614 South 7th Avenue, recognized how important skiing is to the community. He noted that the Gallatin Valley Land Trust has been active in developing a new bicycle/pedestrian trail around the edge of the cemetery, and incorporating skiing into the system would be appropriate and provide recreational opportunities close to the community. He stated the BSF has invested in the community and 1 0-03-05 -17- provided opportunities for it to be healthier. He urged the Commission to allow the requested snowmaking, noting it will provide for a more stable program. Responding to Commissioner Krauss, Superintendent of Facilities and Lands James Goehrung stated the City contributes $1,500 to support ski activities; the remainder of the program is volunteer. He also noted the City does some plowing in the upper lot at the recreation complex for the recycling site and stated an additional area could be plowed if necessary. Director of Public Service Debbie Arkell noted there is some potential expense in making signs for the Lindley Center that would encourage skiers to park at the recreation complex or the hospital and respect the neighborhood. Responding to Commissioner Youngman, Superintendent Goehrung stated it is difficult to put the burden of trash pick-up on the Bridger Ski Foundation when many of the trail users are not members of that organization. He suggested that, based on their cooperation in the past, trash may not be a large issue. Commissioner Youngman suggested signage along Cypress Avenue asking the people not park in front of mailboxes in addition to a kiosk in at the parking lot encouraging drivers to park appropriately. Superintendent Goehrung noted it is difficult for renters of the Lindley Center to find places to park when skiers are parked there. Commissioner Krauss noted that parking has obviously been an ongoing problem for the neighborhood, particularly in light of the history that the neighborhood has raised. He then suggested the pOSSibility of putting up signs during ski meets like those posted during Sweet Pea. Commissioner Krauss stated he feels a review after one year would be appropriate. He also suggested that the Commission consider an ordinance regarding parking at the Lindley Center. He concluded by suggesting that the BSF find a permanent home, noting that some offers have been made for such a site. He then noted it is important to ensure the neighborhood concerns are adequately addressed. Commissioner Youngman noted the emphasis has been on the neighborhood. She also respects the Cemetery Board's action and the importance of protecting the sanctity of the cemetery. She then suggested the possibility of pedestrian crossing signs on the cross country trail in an attempt to avoid conflict. Commissioner Krauss noted that cross country skiing is an important part of the community, but it is also essential to protect the adjacent neighborhood. Commissioner Kirchhoff voiced his respect for the neighborhood concerns, and indicated he feels the Cemetery Board's recommendation adequately addresses those concerns. Mayor Cetraro expressed his concurrence with Commissioner Kirchhoff's comments. City Manager Kukulski cautioned against polluting the neighborhood with signs. He then reminded the Commission that the cross country skiing is not a new activity; the request is to allow snowmaking equipment that will result in good ski conditions on a more consistent basis. It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the request from the Bridger Ski Foundation for permission to make snow for the ski trails on cemetery and hospital land be approved subject to the following conditions: 1. The snowmaking machines and generator shall be located close to the hospital lands, away from the cemetery proper, Lindley Center, and residential area. 2. The use of snowmaking equipment and the impact it has on the use of the area will be reviewed annually, under the BSF User Agreement, with input from the Cemetery Board, Recreation and Parks Advisory Board, City Commission, and the neighborhood. 1 0-03-05 - 18- 3. BSF shall arrange for cross-country ski participant parking at the recreation complex and/or the hospital, and BSF shall take responsibility for ensuring skiers park in those areas and not at the Lindley Center or in the neighborhood. 4. BSF shall be responsible for setting up a kiosk to display maps and parking information, with the kiosk(s) set up near the hospital and/or recreation complex parking areas. 5. The snowmaking activity will not change the current use of the trail system or Lindley Park, and in no way will the activity disrupt cemetery burials. 6. BSF shall be responsible for picking up trash associated with ski activities. 7. The City staff shall explore road signs on Cypress Avenue and East Curtiss Street announcing the prohibition of parking in the neighborhood, particularly in areas where such parking will block driveways or mailboxes. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff, and Mayor Cetraro; those voting No, none. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1) Additional e-mails regarding the federal funding for the parking garage. (2) Letter from Sacks of Bozeman, dated September 22, asking that they be exempt from the requirement to direct haul to the Logan landfill for a period of one year. (3) Letter from Jose Castro, District Ranger for the Forest Service, inviting the Commissioners to attend the Gallatin MOU meeting to be held at 10:00 a.m. on Wednesday, October 12, at the Bozeman Ranger Station. (4) Letter from Jan Elpel, 8215 Fowler Lane, dated September 21, expressing concern about the assessment area for the West Babcock Street improvements. (5) Note from Bob and Irene Border, 307 Flathead Avenue, expressing support for staffs recommendation for improvements to Fowler Avenue between West Babcock Street and Durston Road. (6) Letter from Amber Sharp, 126 Sweetgrass Avenue, voicing concern about the proposed 5- lane format for Fowler Avenue. (7) Announcement of public review of Montana's annual action plan for the Housing Division. (8) Letter from the Tree Advisory Board expressing concern about the trees that would be impacted by the Durston Road improvement project. (9) Letterfrom Brian Gallik, attorney representing members ofthe Bozeman Area Neighborhood Association Executive Committee, dated September 26, regarding the transmission line upgrade in that area. (10) Updated listing of planning projects to be considered at upcoming Commission meetings, dated September 30. (11) Agendas for the County Commission meetings to be held at 9:00 a.m. on Tuesday, October 4, and 1 :30 p.m on Wednesday, October 5, at the Courthouse. (12) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Wednesday, October 5, at the Professional Building. 1 0-03-05 -19- (13) Agenda for the Planning Board meeting to be held at 7:00 p.m. on Tuesday, October 4, in the Commission Room. (14) Copies of the joint resolution and resolution of intent to create Special Improvement District No. 684 for improvements to Durston Road west of North 19th Avenue, which are to be considered by the County Commission at its meeting on Wednesday, October 5. (15) City Manager Kukulski noted that at last week's League of Cities and Towns Convention, the City received a plaque for the most improved experience modification factor (28.7 -percent) for the workers' compensation program for first and second class cities for Fiscal Year 2005-2006. (16) The City Manager stated that during his attendance at the International City/County Management Association meeting in Minneapolis last week, he drove around the metropolitan area and found those streets with medians reflected a different quality in that area, giving a feeling that one was driving into a community that cares. Commissioner Kirchhoff stated he talked to a staff member about the proposed Fowler Avenue alignment with a pedestrian and bicycle way. He asked if would be worthwhile to pursue that issue further, particularly since the five alternatives for an arterial include a 100-foot-wide right-of-way. Director of Public Service Debbie Arkell noted that the need to update the transportation plan will be discussed at the next TCC meeting. She suggested that the design for Fowler Avenue could be a good topic to include in that discussion. (17) The City Manager stated he attended a number of town/gown meetings during the ICMA conference, noting that Bozeman is blessed in that situation. He also attended a session on orientations that include the opportunity to start building relationships between Commissioners and staff. (18) City Manager Kukulski stated he has received the results of the national survey that was done, and will get copies of those results to the Commissioners, the Commission candidates, and the Local Government Study Commissioners for the October 10 meeting (19) Assistant City Manager Ron Brey stated that a presentation by the Montana Public Power Authority has been scheduled for 5:00 p.m. on Monday, October 17. Commissioner Krauss stressed the importance of advertising that meeting and encouraged the Commissioners to prepare themselves for that presentation since it will include some significant questions and require a significant contribution of resources. He noted that numerous questions have been raised in The Missoulian, and this is an opportunity for the Commissioners to get the answers to those questions. (20) Director of Public Service Debbie Arkell submitted the following. (1) Stated that the County Commission will consider the joint resolution for the Durston Road SID at its meeting on Wednesday, October 5. (2) Announced that staff is handing out flyers at the landfill stating that, effective October 16, the landfill will be open to city residents only and that hours will be cut to 8 a.m. to noon on Tuesday through Saturday only. (3) Stated that at the October 17 meeting, the Commission will be asked to consider a resolution on waiving of fees for non-profits and community events. (21) Commissioner Youngman stated that the League of Cities and Towns Board of Directors unanimously accepted a couple motions on the low-income energy assistance program, including the circulation of information on that program to all communities in Montana and an effort to work with the State to make sure no one is cold and desperate this winter. She then indicated that she enjoyed her last League conference and board meeting. (21) Commissioner Youngman asked if the Commission will receive more information on the Forest Service's proposal for logging. Assistant City Manager Brey stated the Forest Services is now developing a broad scoping document and will come forward with a response to the information received. He noted that the discussion can be held now or held later when more information is available. 10-03-05 - 20- City Manager Kukulski noted that the current fire danger in the watershed could create potential problems. (22) Commissioner Krauss stated he is no longer able to attend the Recreation and Parks Advisory Board meetings and, as a result, a new Commissioner Liaison is needed. (23) Responding to Commissioner Krauss, the City Manager indicated that the eminent domain ordinance will be on next week's agenda. (24) Further responding to Commissioner Krauss, Director of Public Service Debbie Arkell stated she will check on the status of the Three Parks Master Plan. (25) Commissioner Kirchhoff stated he is receiving phone calls from residents in the North Ida Avenue/East Peach Street area voicing concern about the recent violence connected with meth sales, noting it has become fairly constant. He recognized that this has become a serious neighborhood problem and noted that it is changing people's lives in significant ways. The City Manager stated that he has asked some of the police officers about this issue and has been informed that it is a real problem in Bozeman. He then suggested that acknowledging the issue publicly may be a good step in addressing a devastating situation. He stressed that contamination of properties is one of the real problems with this drug. Commissioner Krauss suggested that if two or three properties are the ones creating the problems, they should be identified and steps taken to deal with the property owners. (26) Commissioner Kirchhoff asked if the Commissioners are interested in conSidering an ordinance that prevents people from consuming alcohol at tables along Main Street, citing The Plonk! as an example. City Manager Kukulski noted the key question is whether the Commission wishes to promote restaurants moving onto the sidewalk, particularly in light of the City's open container ordinance. (27) Assistant City Manager Ron Brey stated that he met with Jose Castro and fire experts from the Forest Service and found that the highest fuel loaded areas were on forest service lands and not city lands. He also learned that the Forest Service has a quota system on how much disturbance can take place in a watershed within a certain period oftime and, if the City chooses to jump ahead, the result will be the Forest Service's inability to address the highest risk areas in the watershed. Commissioner Krauss stressed the importance of proceeding with the scoping process and addressing the problem areas as quickly as possible. Adjournment -10:20 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Krauss, seconded by Commissioner Kirchhoff, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner Kirchhoff, Commissioner Youngman, and Mayor Cetraro; tho . oting No, none. ! , AN ATTEST: {l~/~ ROBIN L. SULLIVAN City Clerk 1 0-03-05