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HomeMy WebLinkAbout2005-01-10 Minutes, City Commission " MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA January 10, 2005 .**************************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, January 10,2005, at 7:00 pm. Present were Mayor Andrew Cetraro, Commissioner Jeff Krauss, Commissioner Marcia Youngman, Commissioner Steve Kirchhoff, Commissioner Lee Hietala, City Manager Chris Kukulski, Director of Public Service Debbie Arkell, Planning Director Andy Epple, Acting City Attorney Tim Cooper, and Deputy Clerk of the Commission Karen DeLathower. The meeting was opened with the Pledge of Allegiance and a moment of silence. Minutes M December 6 work session. December 13. December 13 work session. December 20. and December 27.2004. and Januarv 3, 200S It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the minutes of the meetings of the December 6 work session, December 13, December 13 work session, and December 27, 2004, and January 3, 2005, be approved as submitted and that the minutes of the meeting of December 20, 2004, be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, and Mayor Cetraro; those voting No, none. Consent Items City Manager Kukulski presented to the Commission the following Consent Items. Ordinance No. 162S M establishing an initial municiDal zonina desianation of "MM2", (Manufacturing and Industriall. on 215 acres described as the Mandeville Farm. and the Burlington Northern Railroad riahtMofMway extendina from the crossina at Interstate 90 and North Rouse Avenue to a Doint south of the intersection of Moss Brldge Road and Frontaae Road: finally adoDt ORDINANCE NO. 1625 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 "MM2" (MANUFACTURING AND INDUSTRIAL DISTRICT) ON 215 ACRES LOCATED IN SECTIONS 2S, 26, AND 36, T1S, RSE, SECTION 31, T1S, R6E, AND SECTION 6, T2S, R5E PMM, GALLATIN COUNTY, MONTANA. Ordinance No. 1626 M zone maD amendment M amend zonina designations from "RM3" Residential Medium Densit District to "BM1" Nei hborhood Commercial Istrlct) for 6.094 acres and "BM2" (Communitv Commercial District) for 15.731 acres lYing alona the west side of North 19th Avenue. north of West Oak Street: finallY adoDt ORDINANCE NO. 1626 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP FROM "RM3" (RESIDENTIAL MEDIUM DENSITY DISTRICTl TO "BM1" (NEIGHBORHOOD COMMERCIAL DISTRICT) FOR 6.094 ACRES AND "BM2" COMMUNITY COMMERCIAL DISTRICT) FOR 15.731 ACRES WITH 19.678 ACRES REMAINING ZONED "RM3" ON PROPERTY DESCRIBED AS LOT 4, HOME DEPOT MINOR SUBDIVISION #319 AND LOCATED IN THE NE% OF SECTION 2, T2S, RSE, PMM, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. 01-10-05 .. ) -2- Commission Resolution No. 3765 M authorize Cltv Manaaer to sian Chanae Order No. 2, SID No. 674 (Bridaer Center Subdivision) M Walker Construction. Bozeman. Montana M Add $15.037.85 and 17% days COMMISSION RESOLUTION NO. 3765 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROVING AL TERATION/MODIFICATION OF CONTRACT WITH WALKER EXCAVATION, INC., BELGRADE, MONTANA. Authorize City Manager to sian M Amendment No.1 to Professional Services Agreement for North 19th AvenueNalley Center Road M Thomas, Dean, and Hoskins. Inc.. Bozeman. Montana - Add $44,603.00 Acknowledge recelDt of aDDlication for initial DroDertv tax relief M UaoCvte Pharmaceuticals. Inc.: refer to staff Authorize staff to Droceed with Reauest for ProDosals for StOry Mansion Ratify City Manaaer's aDDointment of Bill Ranard to the Police Commission. with a term to eXDire on Aoril 30. 2008 ADDroval of liauor license renewal for 2005 Buildina InsDection ReDort for December 2004 Claims 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 Bob Rydell, 622 South Grand Avenue, requested information on the request for proposals for Story Mansion. In response, City Manager Kukulski noted there is no date certain for release of the request for proposals, but it will probably be advertised within the next week or 10 days. Although the draft of the request for proposals lists a due date of February 18th, that date will be extended, if necessary, to provide at least 30 days for good proposals to be submitted. Don Seifert, 5700 Fowler Lane, commended City staff, particularly Director of Public Service Arkell, for the quick response to his request for a new light on Durston Road, following an accident at that location. Public hearina M Conditional Use Permit with Certificate of ADDroDrlateness M allow conversion of exlstlna singleMhousehold dwelllna unit at 316 North Tracy Avenue into a crisis stabilization house with residential care for UD to five individuals eXDeriencina Dsychiatric emergencies - WMMHC- Gallatin MHC for Ben Stanlev and Laurie Steward Stanlev (ZM04305) This was the time and place set for the public hearing on the Conditional Use Permit with Certificate of Appropriateness requested by WMMHC-Gallatin MHC for Ben Stanley and Laurie Steward Stanley under Application No. 2-04305, to allow the conversion of the existing single-household dwelling unit on Lots 12 and 13, Block D, Beall's Second Addition, into a crisis stabilization house for the provision of residential care for up to five individuals experiencing psychiatric emergencies. The subject property is located at 316 North Tracy Avenue. Included in the Commissioners' packets was a memo from Planning staff requesting that the public hearing be continued to January 18 due to an error in the adjoiners' list. 01-10-05 .' ., -3- Public hearing Mayor Cetraro opened the public hearing. Planning Director Epple noted the reason for the requested continuance is due to inaccurate addresses of neighboring property owners. A facilitated meeting with the City's Neighborhood Coordinator is scheduled for January 26th; so the hearing date will be postponed until February, per the applicants' request. It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the public hearing be continued to Tuesday, January 18, 2005, per Planning staff's request. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, Commissioner Youngman, and Mayor Cetraro; those voting No, none. Aooellate hearlna - administrative decision of Plannina Director to deny aDDrOyal of re-use/Certiflcate of AODrooriateness aODlication to allow Gallatin Labor Temole. 422 East Mendenhall Street, to be used as nightclub/dancehall M Steve Waaner (CM04007) This was the time and place set for the appellate hearing on the Planning Director's administrative decision to deny the request for re-use and the Certificate of Appropriateness application submitted by Steve Wagner under Application No. C-04007 to allow the Gallatin Labor Temple, on the property described as 06- 0799-07-1-09-29-0000, west 22 feet of Lot 21 and all of Lot 20, Block F, Rouse's First Addition, to be used as a nightclub/dancehall. The subject property is located at 422 East Mendenhall Street. Included in the Commissioners' packets were several letters of support for the proposed nightclub/ dancehall, and additional letters of support were distributed just prior to the meeting. Appellate hearing Mayor Cetraro opened the appellate hearing. Planning Director Epple presented the staff report. He noted this is an appeal of his decision to deny approval of the reuse of the Labor Temple because of parking conflicts on the western side of the building, which is adjacent to Fire Station NO.1. The Labor Temple and the City have had a shared parking agreement for use of this area for years. The City paved the area and received permission from the Labor Temple to use this area for daytime parking, with the understanding that the Labor Temple would have the right to use the portions of the lot which abut their building. In November, when this proposal came to Planning staff, staff recognized that this was a beneficial proposal for the community; but the parking conflicts must first be resolved. Historic use of this property as a labor temple has created very minimal traffic generation or parking conflicts. However, this proposed use has the potential to be a much larger traffic/parking conflict generator. Upon consultation with City officials and the Fire Marshall, Planning Director Epple said he concluded there was the potential for too much conflict with emergency services if the parking area is congested. His decision to deny this application was based on code requirements with the best information he had at the time. In continuing dialogs between Mr. Wagner and Assistant Director of Public Safety - Fire Winn, it appears there are some new alternatives for how to manage the traffic conflicts in this area. Steve Wagner, applicant, requested this item be continued for two weeks and thanked staff for their flexibility and cooperation. He hopes to have a parking agreement negotiated by then, which will negate the necessity of bringing this matter back before the Commission. It was moved by Commissioner Hietala, seconded by Commissioner Krauss, to continue this appellate hearing to an unspeCified date. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff, and Mayor Cetraro; those voting No, none. Exit conference for ComDrehensive Annual Financial Reoort for Fiscal Year 2003M2004 (annual audit) Included in the Commissioners' packets were a copy of the Comprehensive Annual Financial Report (CAFR) for Fiscal Year 2003-2004, along with copies of the management letter, the internal controls letter, and the analysis of the Building Inspection Division budget unit. 01-10-05 .. . -4- Bill Mills, Anderson ZurMuehlen and Company, stated this is a very comprehensive report. He met with the Audit Committee in December when this document was examined in detail and approved by the Audit Committee. He complimented Finance staff for their excellent work, noting the City received the Certificate of Achievement for Excellence in Financial Reporting from the Government Financial Officers Association for the highest standards in government accounting and financial reporting. Anderson ZurMuehlen and Company has given the City's financial statements a clean opinion, with no major findings and only one minor finding. It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the Commission acknowledge receipt of, and accept, the annual audit report for Fiscal Year 2003-2004, as prepared by Anderson ZurMuehlen and Company. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, and Mayor Cetraro; those voting No, none. Public review M CDBG Economic Develooment Revolving loan Fund M BioScience Laboratories, Inc. Included in the Commissioners' packets was a letter forwarding the Community Development Block Grant Economic Development Loan Review Committee's recommendations. Tracey Jette, Gallatin Development Corporation, noted the applicant is requesting withdrawal of this application at this time. It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the Commission accept the withdrawal of the application for CDBG Economic Development Revolving Loan Funds from BioScience Laboratories, Inc. 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 review M CDBG Economic Develooment Revolving Loan Fund M Bozeman Creek Family Health Included in the Commissioners' packets was a letter forwarding the Community Development Block Grant Economic Development Loan Review Committee's recommendations. Tracey Jette, Gallatin Development Corporation, presented this application for $200,000 in funding to purchase equipment and software to establish a new family medical facility in Bozeman. The Revolving Loan Fund Committee recommends approval of this loan for 7 years at 5.25 percent interest, with interest only payments for the first year. Sarah Bronsky, applicant, said she is very excited about this proposal and what they're planning to do. They have put a lot of thought into the location of their practice because they want to contribute to the heart of the city, as opposed to contributing to the urban sprawl. This will be a leading edge medical clinic, featuring open access scheduling. It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the application for a $200,000 loan from the CDBG Economic Development Revolving Loan Fund submitted by Bozeman Creek Family Health be approved, subject to the following conditions: 1. The loan shall be at 5.25 percent interest, amortized over a 7-year period with interest only payments for one year. 2. A second lien shall be placed on all Bozeman Creek Family Health, PLLC, business assets, including accounts receivable. 3. Personal guarantees are required from each of the members of Bozeman Creek Family Health PLLC. 4. Collateral assignment of key life insurance policies on each of the members of Bozeman Creek Family Health PLLC. 01-10-05 . . -5- The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, Commissioner Youngman, and Mayor Cetraro; those voting No, none. Aooointments to boards and commissions: (a) Beautification Advisorv Board: (b) Board of ADDeals: tc) Bicvcle Advisorv Board: (d) Cemetery Board: (e) Board of Health: t() City Plannina Board: (a) Desian Review Board: (hl Fire Code Board of ADoeals: (j) Historic Preservation Advisory Board: (j) Pedestrian/Traffic Safety Committee: (k) Senior Citizens' Advlsorv Board: and m Zoning Commission Included in the Commissioners' packets as a memo from Deputy Clerk of the Commission DeLathower forwarding the list of applicants for the various boards and commissions. It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, to defer action on this item until next week to give the Commissioners time to review the number of applications that were submitted after the packets were distributed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, Commissioner Youngman, and Mayor Cetraro; those voting No, none. Discussion M FYI Items The following "For Your Information" items were forwarded to the Commission. (1) Invitation to attend the grand opening of the Stockman Bank at the corner of Kagy Boulevard and South 19th Avenue during the week of January 10 through 14, 2005. (2) Updated list of projects to be considered at upcoming meetings, dated January 10, 2005. (3) Copy of the press release announcing the change in hours of operation at the landfill for the period January 8 through March 26,2005. (4) Copy of the urgent press release regarding the water main break on North Rouse Avenue on December 30,2004. (5) Copy of the letter from Kerin & Associates to the Gallatin County Commission, dated December 23, regarding the Ice Pond Road bridge replacement project. (6) Copy of the letter from Kerin & Associates to Bridger Appraisals, dated December 28, regarding the Ice Pond Road bridge replacement project. (7) Newsletter from Headwaters Recycling, announcing the next meeting, scheduled for January 19 in Manhattan. (8) Notes from the Bozeman Area Bicycle Advisory Board meeting held on December 13, 2004. (9) Agendas for the County Commission meetings held on December 28, 2004, and January 4, 2005, and the meeting to be held at 9:00 am on Tuesday, January 11, at the Courthouse. (10) Agenda for the Local Water Quality District meeting which was held on January 6, 2005. (11 ) Agenda for the School District NO.7 Board of Trustees meeting to be held at 7:00 pm on Monday, January 10, at the Willson School. (12) Agenda for the Open Lands Board meeting to be held at 7:00 pm on Monday, January 10, at the Courthouse. (13) Agenda for the Gallatin County Planning Board meeting to be held at 6:30 pm on Tuesday, January 11, at the Courthouse, along with notes from the meeting held on December 14. (14) Agenda for the Gallatin County Planning and Zoning Commission meeting to be held at 8:30 am on Thursday, January 13, at the Courthouse. 01-10-05 .' . -6- (15) Agenda for the joint City Planning Board and Zoning Commission meeting held on January 4, 2005. (16) Agendas for the Development Review Committee meeting held on January 5 and the meeting to be held at 10:00 am on Wednesday, January 12, 2005, at the Professional Building. (17) Agenda for the Design Review Board meeting to be held at 3:30 pm on Wednesday, January 12,2005, at the Professional Building. During his FYI, City Manager Kukulski presented the following: 1) He observed excellent customer service from a Finance Department employee today. 2) He and Commissioner Youngman will attend the Montana on the Move work session on Tuesday. 3) There will be hearings on the local option tax and impact fees on January 20th and 25th in Helena. 4) January 21st is Local Government Day. 5) The Story Mansion RFP Selection Committee will probably be a subcommittee of the Story Mansion Task Force, staff, and himself. The request for proposals will be available on the City's website. Planning Director Epple noted the following FYI item: 1) Planning staff is in the process of investigating fee schedules around the state with an eye toward updating the City's fee schedule, which was last updated in 1998. Acting City Attorney Cooper reminded everyone of the blood drive on Tuesday at First Security Bank during his FYI. During her FYI, Director of Public Service Arkell noted: 1) The Bogert Park ice skating rink is now open for hockey. A neighborhood meeting was held and Superintendent of Facilities and Lands Goehrung is investigating sound deadening devices, but at this time none seem feasible. The hockey group has offered to build a wall on the west side, which could be taken down in the spring. The rink is heavily scheduled for hockey, but there is limited open skating times available in the evening. 2) The National Weather Service is predicting an arctic front will move in Wednesday afternoon, with possible wind chill temperatures of -35 and blowing snow. Staff will be meeting Tuesday to plan for response to any potential problems caused by the bitter weather. Adiournment - 7:48 om There being no further business to come before the Commission at this time, it was moved by Commissioner Hietala, seconded by Commissioner Krauss, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting A'tte being Commissioner Hietala, Commissioner Krauss, Commissioner Youngman, Commissioner Kirchho ,and Mayor Cetraro; those voting No, none. ~r ATTEST: (l~ / ~ ROBIN L. SULLIVAN Clerk of the Commission PREPARED BY: ~ h.~kHP-l J KA EN L. DeLATHOWE Deputy Clerk of the Commission 01-10-05