HomeMy WebLinkAbout2003-10-20 Minutes, City Commission (unsigned)
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
October 20, 2003
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. The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal
Building, on Monday, October 20, 2003, at 7:00 p.m. Present were Mayor Steve Kirchhoff, Commissioner
Marcia Youngman, Commissioner Lee Hietala, Commissioner Jarvis Brown, Commissioner Andrew Cetraro,
City Manager Clark Johnson, Planning Director Andy Epple, Staff Attorney Tim Cooper, and Deputy Clerk
ofthe Commission Karen 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 - Januarv 18.2000. and June 10. July 14. Auaust 11. September 2. October 6 and October
13.2003
It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the minutes
of the meetings of October 6 and October 13, 2003, be approved as submitted. The motion carried by the
following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala,
Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none.
Mayor Kirchhoff deferred action on the minutes of the meetings of January 18, 2000, and June 10,
July 14, August 11 and September 2, 2003 to a later date.
Consent Items
City Manager Johnson presented to the Commission the following Consent Items.
Acknowledae receipt of staff report - annexation of 59.823 acres between Durston
Road and West Oak Street. immediatelY west of Diamond Estates Subdivision
No.1 - McDonald Land Company (A-03006)
Commission Resolution No. 3635 - intent to annex 59.823 acres between Durston
Road and West Oak Street. immediately west of Diamond Estates Subdivision
No.1: set public hearinG for November 17. 2003
COMMISSION RESOLUTION NO. 3635
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE
INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND
CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARLY
DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO
INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF.
Authorize City Manaaer to sign - Joint FundinG Agreement with U.S. Department of
the Interior U.S. GeQloaical Survey.. for operation of a streamaagin9 station
on the East Gallatin River durina .the oeriod October 1. 2003 throuah
Seotember 30. 2004
Authorize City Manaaer to sian - AccePtance of Public Access Easement and
Agreement and Acceotance of Sewer and Water Pipeline and Access
Easement and Aareement from Hiahaate Bozeman. LLC - easements across
Lot 1. COS No. 2089 (extendina north from West Oak Street)
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Aooointment of Commissioner Cetraro and Commissioner Younaman to sub-
committee to reyiew Pledaed Securities as of Seotember 30. 2003
Claims
It was moved by Commissioner Hietala, 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 Hietala, Commissioner Brown, Commissioner Cetraro, Commissioner Youngman, and Mayor
Kirchhoff; those voting No, none.
Public hearina - oreliminary olat for CourtYard Townhouses - subdivide 0.413 acres described as
Tract D-1A. the north 48 feet of Lots 1-6. Tract D-1B. the south 92 feet of Lots 1-3. and the south 92
feet ofthe east 10 feet of Lot 4. Block D. Plat B-40-B. Beall's Second Addition. into seyen residential
townhouse lots. with variances from Section 16.14.030.F .. Bozeman Municioal Code. to allow the lots
to haye an averaae deoth areaterthan three times their averaae width. and from Section 16.14.030.H..
to allow six of the seven lots to have less than 25 feet of frontaae on a Dublic street - Kerin &
Associates for Paul Viollch Trust and Vosti 1988 Trust (northwest corner of intersection of North
Black Avenue and East Beall Street) (P-03030)
This was the time and place set for the public hearing on the preliminary plat for Courtyard
Townhouses, as requested by Kerin and Associates for Paul Violich Trust and Vosti 1988 Trust under
Application No. P-03030, to subdivide 0.413 acres described as Tract 0-1 A; the north 48 feet of Lots 1-6,
Tract 0-1 B; the south 92 feet of Lots 1-3, and the south 92 feet of the east 10 feet of Lot 4, Block D, Plat
B-40-B, Beall's Second Addition, into seven residential townhouse lots, with variances from Section
16.14.030.F. of the Bozeman Municipal Code, to allow the lots to have an ayerage depth greater than three
times their average width, and from Section 16.14.030.H., to allow six of the seven lots to have less than
25 feet of frontage on a publiC street. The subject property is located at the northwest corner of intersection
of North Black Avenue and East Beall Street.
Mayor Kirchhoff opened the public hearing.
Assistant Planner Kozub noted that Planning Board recommendations and public input have resulted
in the applicant revising his proposal from seven townhouses to five. Therefore, this proposal will go back
to the Development ReYiew Committee one time, on November 12, 2003, the Planning Board on November
18, 2003, and then the Commission on December 1, 2003.
Rick Kerin, Kerin and Associates, project engineer, stated this is a welcome change; and they will
try to work with the neighbors as best they can to address neighborhood concerns of density, parking, and
architectural amenities.
It was moved by Commissioner Brown, seconded by Commission Cetraro, that the public hearing
on the preliminary plat for Courtyard Townhouses, as requested by Kerin and Associates for Paul Violich
Trust and Vosti 1988 Trust under Application No. P-03030, be opened and continued to December 1 , 2003,
per the applicant's request. The motion carried by the following Aye and No vote: those yoting Aye being
Commissioner Brown, Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala, and Mayor
Kirchhoff; those voting No, none.
This was the time and place set for the public hearing on the preliminary plat for Bridger Apartments
II, as requested by Allied Engineering Services for applicant Farmhouse Partners Limited Partnership and
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property owners Jon Warren Alberda, Daryl George Alberda and Douglas William Alberda under Application
No. P-03031, to subdivide 5.099 acres described as Tract 6B, Certificate of Survey No. 822, into two
residential/office commercial lots, with variances from Section 16.22.020 of the Bozeman Municipal Code,
to allow filing of final plat without installation of required subdivision improvements or execution of
agreement with financial guarantee. The subject property is located along the north side of West College
Street at Professional Drive extended.
Mayor Kirchhoff opened the public hearing.
Senior Planner Dave Skelton indicated an issue has come to the attention of the Planning
Department from City counsel regarding the bonding requirements. The applicant is, therefore, present to
request this matter be opened and continued until next week to ensure that all parties are clear as to what
needs to be addressed and that City counsel is satisfied.
Staff Attorney Cooper stated that after reviewing this application and the staff report, which
recommended conditional approval, concerns arose regarding conditions to be attached to approval of this
proposal. If an agreement can be reached with the applicant regarding the new conditions, this item will be
brought to the Commission next week.
Dab Dabney, Farmhouse Partners Limited Partnership, said he is interested in getting this situation
resolved, adding it will be in the best interest of all to continue this hearing for one week.
It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the public
hearing on the preliminary plat for Bridger Apartments II, as requested by Allied Engineering Services for
applicant Farmhouse Partners Limited Partnership and property owners Jon Warren Alberda, Daryl George
Alberda, and Douglas William Alberda under Application No. P-03031, be opened and continued to October
27,2003. The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Cetraro,. Commissioner Youngman, Commissioner Hietala, Commissioner Brown, and Mayor Kirchhoff;
those voting No, none.
Discussion re proposed imorovements to recreation complex by Gallatin Valley Softball Association
- Suoerintendent of Facilities and Lands James Goehruna
Included in the Commissioners' packets were a letter from Terry Baldus, Treasurer of the Gallatin
Valley Softball Association, dated October 4, and a memo from Superintendent of Facilities and Lands
James Goehrung, dated October 14.
Superintendent of Facilities and Lands James Goehrung provided background for this request,
noting the Gallatin Valley Softball Association has a major renovation project planned for the recreation
complex, costing in excess of $560,000. The Softball Association is planning to secure a building loan, and
the bank wants assurances the Softball Association will have continued access to this facility once the
improvements are in place. Additionally, the Softball Association is requesting a waiver of user fees for the
term of loan. Superintendent Goehrung asked the Commission to limit that waiver to 10 years.
Commissioner Brown inquired about the five, one-year extensions to the User Agreement,
suggesting the time periods might be extended, with fewer extensions granted. Superintendent Goehrung
replied there are limitations as to the extent of time a Commission can obligate a future Commission, and
the one-year extensions provide the City with some flexibility.
Terry Baldus, Treasurer of the Gallatin Valley Softball Association, noted this complex was built 30
years ago and was improved 10 years ago at a cost in excess of $250,000. Five years ago the Softball
Association formed a partnership with the City and since the complex was in bad shape, a 5-year plan was
developed. Now the complex has another problem; the lights are not acceptable. There have been a lot
of complaints from the neighborhood regarding these lights, and the Association wants to be a ~ood
neighbor. The lights the Association has purchased will meet the new City standards for lighting. The lights
will be mounted on 70-foot poles, rather than the current 30-foot poles, and will greatly reduce the light
spillage in the surrounding areas. This total light control package includes a complete upgrade of the
complex's electrical system. In addition to the lights, the pathways also require significant improvements
since they currently are dangerous and a liability to the City. Additionally, the Association has ordered
$10,000 worth of materials to improve the soil, plus $10,000 for installation of these materials. In the past,
sports fields in the City of Bozeman have paid to deep-tine the field. The Softball Association would like
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to donate $60,000 worth of equipment, a tractor and deep tine aerator, for the benefit of all sports fields.
This equipment will be given to the City on November 15 if an agreement is reached. Ms. Baldus closed
by noting the Softball Association will need to pay $40,000 per year on this loan, so they are asking for this
waiver.
Commissioner Hietala asked what the cost would be if City lighting standards weren't met. Ms.
Baldus responded approximately $70,000. She added the light poles are not the climbing type, as they
would pose a liability concern. The poles they have purchased will require platforms to be used each year
to replace the bulbs, etc. .
Commissioner Hietala then asked about the term of the loan. Ms. Baldus answered that will depend
on how fast the Softball Association can repay it; they anticipate 10 to 12 years. They are meeting with the
bank on October 29 to finalize all the information.
No public comment was received.
Commissioner Cetraro offered he believes it is fair to waive these fees, as this organization does
a lot for this city.
Commissioner Hietala stated he believes the City should go back to the drawing board and revise
the lighting standards
Superintendent Goehrung noted he has had an opportunity to talk with lighting representatives,
including regarding industry standards, and they do not sell anything shorter than 60 feet poles. Seventy
foot poles are part of the-standard code, for player safety. They also provide the ability to direct light; the
light source will be kept within the field of play and out of the community. Lighting specifications will be
coming back November 1 and will be included in the Commission packets.
Commissioner Youngman stated her agreement with granting a waiver of the fee, while giving
Superintendent Goehrung assurance that summer seasonal staff will not be reduced. She added it is
important that this waiver doesn't produce unintended consequences. Commissioner Youngman agreed
this new lighting system will be great for the neighborhood and the city as a whole.
Commissioner Brown said he will support this project because this group has contributed vast
amounts toward this recreation complex. He then encouraged Superintendent Goehrung to establish
ground rules for waiving fees. Commissioner Brown pointed out he does not want this project to set a
precedence for the waiving of fees.
City Manager Johnson asked if the Commission was waiving the lighting standard, to which the
Commission unanimously answered no. Ms. Baldus noted the Softball Association is not asking for a
lighting standard waiver; they will abide by the current standards. They are only aSking to have the user
fee waived for the length of the loan.
Superintendent Goehrung stated his concern that other groups may now come forward seeking a
fee waiver. It is his position that the City shouldn't grant waivers for user groups whose improvements only
benefit that particular group. The overall community benefit of this project is the night sky improvement
created by this total light control system. If these improvements were only going to make the fields better
for this specific activity, he would be reticent to ask for the Commission's approval of such a request.
Commissioner Brown inquired about a 7 -year extension, and Commissioner Youngman suggested
2-year extensions after the initial 5 years. Superintendent Goehrung stated he is agreeable to 2-year
extensions.
Commissioner Youngman agreed there is substantial community benefit gained from this project,
including lighting, equipment, pathway improvements, and other work that will be done. She characterized
this project as an extraordinary effort.
It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the Gallatin
Valley Softball Association be granted a 5-year License for Use Agreement, with 2-year extensions, for a
total of 10 years; that the License for Use fees be waived. during the term of the improvement loan; that the
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City gratefully accept the Softball Association's donation of a tractor and deep tine aerator; and
acknowledge that granting the waiver ofthis fee will not result in the reduction of Parks Department summer
seasonal staff. The motion carried by the following Aye and No vote; those voting Aye being Commissioner
Youngman, Commissioner Brown, Commissioner Cetraro, and Mayor Kirchhoff; those voting No being
Commissioner Hietala.
Reauest from Confluence Consultina. Inc.. to allow utilization of North 9th Park for off-site wetland
mitiaation of disturbed wetland habitat l.49-acre park in Royal Vista Subdivision)
Included in the Commissioners' packets was a memo from Superintendent of Facilities and Lands
James Goehrung, dated October 14,2003, forwarding a proposal from Confluence Consulting, Inc., to
utilize the North 9th Park for off-site wetland mitigation of disturbed wetland habitat.
Superintendent of Facilities and Lands James Goehrung provided background information on this
request. He reminded the Commission there are provisions allowing for the enhancement or creation of
wetland areas on another site to compensate for the loss of wetlands by development. The requirement
calls for the newly created wetland area to remain a wetland for eternity. Wetland creation on public land
is favorable, since the wetlands will remain forever. He reiterated this proposal is to create a half-acre, non-
standing water wetland feature in North 9th Park. Superintendent Goehrung noted he has tried to negotiate
for park improvements, which are listed as items 1 through 8 on his memo. These improvements are an
attempt to accelerate the improvement and master planning of that park. The Recreation and Parks
Advisory Board and the neighbors have been asked for input.
Ron LeCain, Confluence Consulting, Inc., shared that this park is fairly moist already and to create
the wetlands the elevation will be lowered from 1 to 4 feet. The area is low in elevation relative to the rest
of the property and is approximately 2 to 4 feet above the level of Mandeville Creek. Confluence
Consulting, Inc., was originally contacted by Superior Northwest, they then conducted the wetland lineation,
and are now engaged in the permitting process with the Army Corps of Engineers.
. Responding to Mayor Kirchhoff, Mr. LeCain acknowledged they were contacted by the developer
of the 1001 Oak Street Project because some wetlands were disturbed in construction of that project. He
noted they will create this wetland by lowering the elevation, stockpiling 6 to 12 inches of topsoil, which will
be replaced and planted with wetland species when excavation is complete. The landscape berm will have
a rolling surface and will serve as a visual and auditory block from noise on Oak Street.
Mayor Kirchhoff inquired about the highest and lowest elevations, to which Mr. LeCain responded
90 to 103 feet. This wetland will not have standing water the majority of the year, although there will be
periods of time the area will be saturated or inundated with approximately 6 inches of water, probably during
the rainy season in June. Mandeville Creek is a spring-fed creek, so there shouldn't be too much difference
between the amount of standing water now and that in the newly created wetland. The majority of the year
this will be a wet meadow wetland area.
Mr. LeCain added they envision construction of raised areas with picnic tables and enhancement
of the trail system by raising the existing trail to connect with the northern trail system and the planned
southern trail system. The final location of this trail will be determined by the City Parks Department.
Mayor Kirchhoff asked for explanation of the construction process. Mr. LeCain then explained this
project will require less than 2 weeks construction from breaking ground to the seeding. Heavy construction
equipment, including an excavator, bulldozer, and loader will be needed. The Army Corps of En~ineers
requires a3-year monitoring program to insure the successful development of the wetlands. Con uence
Consulting, Inc., will also be responsible for implementing a weed control program using spot spraying.
Mayor Kirchhoff then asked Mr. LeCain to outline the pros and cons of this project. Mr. LeCain
responded by saying this project will create more sustainable wetland which will be green for a longer period
of time, will create better duck nesting and other wildlife habitat, will help flush out various chemicals
associated with development, creating better water quality, and will provide an educational opportunity by
incorporating educational signage into the design of this park.
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Mr. LeCain indicated cons would include neighborhood residents putting up with heavy equipment
noise during the short construction period and the amount of time it will take for the vegetation to mature,
which would probably be a couple of years. The cons will be short term, while the long-term benefits will
be lasting and an enhancement to the appearance of the park and neighborhood.
Mayor Kirchhoff expressed his concerns with increasing the potential for West Nile Disease. Mr.
LeCain agreed the wetland could potentially increase that risk. The Army Corps of Engineers shares that
same viewpoint, and they are the agency requiring the development of wetlands. Their outlook is that
anywhere there is standing water, including tires, bird baths, unused swimming pools, that species of
mosquito will be bred. The Center for Disease Control would be the best source of information on this topic.
Mr. LeCain said he has researched West Nile Disease himself; and it is like any other form of influenza, it
impacts the elderly and the very young most dramatically. He doesn't, however, believe wetlands increase
the likelihood of West Nile Disease.
Commissioner Brown acknowledged that this wetland would need to be guaranteed in perpetuity
and asked if the water tables drop, would the City be responsible for recreating the wetland. Mr. LeCain
responded that once the Army Corps of Engineers has released a project from its 3-year monitoring
program, they will not come back to check on it. The City is not expected to guarantee the area will remain
a wetland forever, only that the area will continue to be protected. A dry year or two will not stop this area
from being a wetland.
Planning Director Epple asked how much ofthe park is existing wetland. Mr. LeCain answered there
is a very small parcel along the creek, adding this area is the ideal spot to create a meadow wetland. This
wetland will encompass a substantial portion of the park, about a half-acre, including the berm.
Responding to further questions from Director Epple, Mr. LeCain stated the area that is currently
mowed is pretty heavily sloped, and they plan to take the newly created slope back and integrate it into the
existing slope to make it look more natural. The location of the proposed picnic tables and benches will be
determined by the City. This project will not impact any pre-existing vegetation, rather it will clean up the
area because they will be removing litter, debris from storms, and unwanted vegetation.
Bonnie Hash, 1204 North 9th Avenue, stated she has been a resident at that address since 1960,
and this park has been a designated park within the Royal Vista Subdivision since 1954 or 1955. Currently
there are trees on both sides of Mandeville Creek. Ms. Hash pointed out this area has had water issues,
noting the houses closest to the park area, especially on the southern end, were raised 6 feet so they
wouldn't have wet basements or crawl spaces. During a rainstorm, the southernmost fire hydrant was
covered bk water. She continued by saying that in 1960, when she moved there, there were wetland irises
in the par that aren't there anymore because the last few years have been so dry there isn't enough
moisture; and she voiced concern if there will, indeed, be enough moisture to sustain a wetland. Currently,
the park area is drawing lots of mosquitoes because of the hay that has grown up there. Ms. Hash closed
by saying she does not want this park developed because of maintenance and mosquito concerns.
Superintendent Goehrung asked the Commission to consider if the City is getting enough in return
for the trade-off of one-half acre of land. The master planning process will determine the placement of the
trails, picnic tables, and benches; and that park master plan must go through the hearing process for
Commission approval.
Mayor Kirchhoff asked if this project will meet the requirement of wetland mitigation from the 1001
Oak Street project. Superintendent of Facilities and Lands Goehrung responded this proposal does meet
that requirement, although he questions if one-half acre is enough.
Planning Director Epple asked if this area is currently natural parkland; and Superintendent
Goehrung answered the area is currently being mowed occasionally, when the neighbors call attention to
the need, with a weed eradication program. However, there will be long-term maintenance costs as this
wetland is developed.
In response to Mayor Kirchhoff's inquiry as to the official standing of the Parks and Recreation
Advisory Board on this project, Superintendent Goehrung stated they have voted to recommend approval
of this project subject to the conditions listed on his memo, including the educational signage.
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Commissioner Youngman noted there is a mosquito issue on this site now, which mayor may not
be worsened by the creation of this wetlands, and asked if it would be possible to plant bushes to create
nesting areas for birds to help encourage natural mosquito control. Mr. LeCain stated it would be possible
to plant snow berries and other plant species to encourage bird populations, adding Confluence Consulting,
Inc., has monitored wetland sites where that has been done. He would also like to encourage the nesting
of wood ducks, as well as encouraging young people to build bluebird boxes. He offered that the
enhancement of bird habitat could be included in the agreement, if the City desires.
Responding to Commissioner Youngman's question regarding the potential growth of undesirable
weeds, Mr. LeCain stated Canada Thistle will be the greatest threat.
Mayor Kirchhoff then asked the Commissioners if they were willing to have this item come. back
before the Commission for a vote. Commissioner Cetraro replied he is not satisfied with this proposal, and
he is not in favor of bringing it forward at this time.
Commissioner Youngman stated they have a positive recommendation from the Recreation and
Parks Advisory Board, and she believes it should be scheduled for a hearing and vote. She believes
strongly in wetlands enhancement, and this park is too small for any active recreation opportunities. She
is, however, torn between the neighborhood's desire to have this remain a natural area and the Recreation
and Parks Board's recommendation for approval. At a minimum, she would want to add a condition
requiring the enhancement of bird habitat to aid in mosquito control. Commissioner Youngman said it isn't
fair to the applicant to not act is some manner.
Commissioner Brown noted he, too, has some concerns about this proposal; and at this point is
ambivalent regarding bringing this issue forward for a hearing and vote.
Commissioner Hietala suggested giving this proposal SOnle more time so the COnlmission can put
additional thought into it and assess the risks. In all fairness to the Recreation and Parks Advisory Board,
he feels this issue should come forward for consideration at some point in time; however, he would prefer
to wait for a few weeks. He would like additional information before that time.
Responding to Mayor Kirchhoff, Superintendent Goehrung suggested the Commission weigh this
issue as to its worth in terms of concessions and benefits to the City. He noted he certainly does not have
mone6 in his budget to hire an outside consultant to provide additional information, and he doesn't know
ifthe ommission would feel comfortable with Confluence Consulting, Inc., providing additional information.
Superintendent Goehrung added Confluence Consulting, Inc., would like approval in time for fall/winter
construction, rather than during the wet time of year.
City Manager Johnson stated there is no City policy allowing private developers to utilize City parks
as off-site wetland mitigation sites. Montana Power Company proposed such a plan previously, and it was
decided then that this issue should be dealt with on an individual basis. However, Montana Power
Company did not proceed with their project, so there are no guidelines for the City to follow in this matter.
Commissioner Youngman suggested checking with public health experts regarding the mosquito
issues. Commissioner Hietala agreed he is interested in learning the potential for effectively controlling
mosquitoes in a wetland and asked if the other half acre of the park will need to be maintained as a natural
park.
Mayor Kirchhoff expressed his preference to receive further information from another entity, one
working in concert with Confluence Consulting, Inc., since he believes more of these requests will be
forthcoming. He stated he believes the City should notice the public hearing process to allow the
neighborhood, wetland experts, and the applicant to publicly weigh the pros and cons of this proposal.
Mr. LeCain stated the Wetland Legacy Program and the Montana Water Center are both non-profit
organizations who are devoted to enhancing wetlands throughout the state and could provide valuable
information, if contacted.
Mayor Kirchhoff asked if the Commission was agreeable to bringing this proposal forward in one
month. Commissioner Brown responded he is not in favor of voting on this project until the City has
established guidelines for these types of requests.
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Planning Director Epple, responding to Mayor Kirchhoff, stated he will check with other communities
in Montana to see how they have dealt with this issue and report back to the Commission.
With an unanimous show of thumbs, the Commission agreed to bring this proposal forward for a
public hearing and vote in one month.
Aooointments to Community Alcohol Coalition
Included in the Commissioners' packets was a memo from Clerk of the Commission Sulliyan, dated
October 16, forwarding a list of applicants for the Community Alcohol Coalition. Distributed just prior to the
meeting was a memo from the Clerk of the Commission, dated October 20, forwarding an additional
applicant. Distributed by City Manager Johnson, just prior to discussion of this item, were two additional
applications.
It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the following
appointments be made to the Community Alcohol Coalition:
Hospitality industry representatives
June 30, 2004
June 30, 2005
June 30, 2006
Members of law enforcement
Bryan Adams June 30, 2005
Thomas R. Luhrsen June 30, 2006
Prevention specialists
Jenny Haubenreiser June 30, 2004
Becky Robideaux June 30, 2005
MSU-Bozeman student
Daniel E. Czech June 30, 2004
MSU-Bozeman faculty or staff member
Glenn Puffer June 30, 2004
Bozeman Senior High student
Peter Beland June 30,2004
Bozeman school district representative
Lori Guyer June 30,2005
Emergency room physician
Dr. William Robinson June 30, 2006
Local business person not in hospitality industry
Randall T. Dugger June 30, 2005
Neighborhood association representative
June 20, 2006
Interested citizen
Arlene Wylie June 30, 2004
and that the appointments of the hospitality industry representatives and the neighborhood association
representative be continued until October 27,2003. The motion carried by the following Aye and No vote:
those yoting Aye being Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala,
Commissioner Brown, and Mayor Kirchhoff; those voting No, none.
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Public comment
Bonnie Hash, 1204 North 9th Avenue, stated she has concerns with the Main Street traffic project,
and she has read things in the paper that bother her. She mentioned the recommendation to change the
existing one-way streets as a positive. Ms. Hash believes there is a danger in reducing the number of
driving lanes on Main Street, which will hurt the businesses downtown.
Commissioner Youngman responded to Ms. Hash's comments noting that when the Greater
Bozeman Area Transportation Plan, 2001 Update was developed, the City's consultant created a computer
model reversing the one-ways; and it actually created worse traffic hazards and problems, resulting in a
decreased level of service.
Planning Director Epple added that at the time of the traffic study, a lot of business people and
community members thought the couplets should be reversed, but there was no evidence that reversing
them would aid in the flow of traffic. However, the City's consultant agreed it was an idea that might warrant
further study; so the Downtown Business Association commissioned their own consulting firm who studied
this issue, and they came to the same conclusion. Additionally, they noted the way the parking lots,
driveways, and -signs are configured would require large expenditures to accommodate a reversed traffic
flow. Director Epple noted that historically State Highway Department engineers would be the last to
consider changing Main Street, but they have done enough modeling that they n ow are t hel eading
proponents of the three lanes, which would move traffic as efficiently as the current four. Part of the idea
of the three lanes, curb extensions, and bike lanes is to presumably make downtown Bozeman more
pedestrian friendly and a stopping-off point, rather than someplace to zoom through. The idea is to
celebrate downtown Bozeman and make it more competitive as more big box stores come into town.
Commissioner Brown noted the Transportation Coordinating Committee said they don't build 4-lane
highways anymore; they construct either three or five lanes. Originally there was a lot of opposition from
the downtown business people; but the downtown organizations are' now in favor, although not
overwhelmingly so.
Discussion - FYI Items
The following "For Your Information" items were forwarded to the Commission.
(1) Copy of a memo from Director of Public Service Debbie Arkell, dated October 10, approving
the installation of "No Parking Here to Corner" signs on South 8th Avenue at its intersection with West Koch
Street.
(2) Copy of a letter from Director of Public Service Arkell, dated October 1 0, approving relocation
of the Bobcat transit stop on West Main Street from Gibsons to the Pizza Hut.
(3) Press release announcing the annual fall leaf and street clean-up beginning November 3,
2003.
(4) Copies of letters and petitions from downtown property owners and concerned citizens
voicing concerns and opposition to the proposed three-lane traffic plan for downtown Bozeman.
(5) Letter from Jessie Nelson, dated October 17, voicing opposition to the proposed three-lane
format for Main Street.
(6) Brochure for the 2003 Watershed Symposium to be held in Great Falls on December 8 and
9,2003.
(7) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, October
21, at the Courthouse.
(8) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on
Tuesday, October 21, at the Professional Building.
10-20-03
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(9) Agendas for the Zoning Commission meeting to be held at 7:00 p.m. and the City Planning
Board meeting to be held at 7:30 p.m. on Tuesday, October 21, in the Commission Room.
(10) Announcement of Floodplains and Rivers training session to be held Tuesday, October 28,
at the Gallatin County Courthouse Community Room.
(11) Letter from Mr. William A. Phillips, dated October 15, requesting he be allowed to develop
his property on South Church Ayenue or be reasonably compensated for not developing it.
(12) City Manager Johnson offered the following FYI items: 1) He traveled to Helena to present
testimony on the sale of the armory; there was no discussion or questions from the Land Board. The deed
will be transferred after the paperwork is completed and ratified at the next meeting of the Land Board. 2)
There will be an informational session on statewide emergency management in February. 3) He will be in
Washington DC Monday through Thursday to attend appropriations hearings impacting the City of
Bozeman.
(13) Planning Director Epple presented the following FYI item: 1) The Planning Department has
received a significant multi-phase development proposal for the Tom Lane property, which is within city
limits. The Planning Department is trying to promote Bozeman 2020 Community Plan design issues and
believes this is a good opportunity since this is a square piece of ground. However, the applicant is not in
agreement.
(14) Commissioner Youngman offered the following as FYI items: 1) The Bozeman Public Library
was recently awarded the National Award for Museum and Library Service, which says a lot for the quality
of the library. 2) Last week, October 13, the Commission did not receive all the information regarding the
speed tables on North 21 Avenue because a page, which was one-half of the petition, was omitted. In
actuality 24 residents signed the petition requesting installation of speed tables, which is 73 percent of the
street's, residents. 3) There is a new tax-credit developer who is interested in serving the housing needs
of those individuals who fall in the 40 percent of median income range. He is willing to open his financial
records completely and will sit down with the Community Affordable Housing Advisory Board to discuss
ways to make it realistic to provide these units for 15 years. She noted the City should take this proposal
very seriously, and the City's cooperation is crucial because there are tight deadlines to be met by the
developer for tax credits. Commissioner Youngman asked if the Commission wanted this proposal to follow
the adopted process of going to the Community Affordable Housing Adyisory Board first, or if they prefer
to allocate housing funds on a first come, first serve basis. ~ an unanimous nod of heads, all
Commissioners agreed to send this proposal to the Community A ordable Housing Advisory Board for
review first.
(15) Commissioner Brown presented the following FYI item: 1) On Thursday afternoon he
attended an open house at the new shelter care facility operated by Youth Dynamics. This facility will be
operated at a higher level as they are going to be providing services for these youths, as well as housing
them. Youths ages 11 to 18 will be served. Commissioner Brown expressed his enthusiasm for the caliber
of people who are operating this facility.
(16) Mayor Kirchhoff offered the following FYI item: 1) The letter from Bill Phillips demands some
kind of response, and he told Mr. Phillips the City will get back to him. Planning Director Epple stated that,
for the time being, the conservation alternative has been the preferred alternative. The reality is that
suggesting a conservation alternative has forced people to propose significant development projects within
the City limits. The Planning Department believes if these development proposals proceed, the Planning
Board may want to look at a combination conservation/development alternative. No definite decision has
been made on this, but it is hoped this issue can be revisited with the Plannin~ Board within a month or six
weeks. Commissioner Brown asked what the alternatives are to allowing Mr. hillips to develop. Planning
Director Epple replied that development at that density is not desirable; it is preferable to allow development
on the higher land, with conservation of the lower lands.
Adiournment - 9:25 o.m.
There being no further business to come before the Commission at this time, it was moved by
Commissioner Youngman, seconded by Commissioner Hietala, that the meeting be adjourned. The motion
10-20-03
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carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner
Hietala, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none.
STEVEN R. KIRCHHOFF, Mayor
ATTEST:
ROBIN L. SULLIVAN
Clerk of the Commission
PREPARED BY:
KAREN L. OeLA THOWER
Deputy Clerk of the Commission
1 0-20-03
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CORRECTIONS TO OCTOBER 20, 2003 MINUTES
Page 4, Last Paragraph It was moved by Commissioner Youngman, seconded by
Commissioner Hietala, that the Gallatin Valley Softball Association be granted a 5-year
License for Use Agreement, with 2-year extensions, for the term of the loan; that the
License for Use fees be waived...
Page 5, 3rd Paragraph Confluence Consulting, Inc., was originally contacted by
Superior Northwest, they then conducted the wetland delineation, and are now
engaged.. .
Page 8, 2nd Paragraph With a maioritv show of thumbs, the Commission agreed
to bring this proposal forward...
Page 9, 4th Paragraph Commissioner Brown noted the SED transportation
consultants said they don't build 4-lane highways anymore...
Page 10, Number 14, Item 3 Commissioner Youngman asked if the Commission wanted
this proposal to follow the adopted process of going to the Community Affordable
Housing Advisory Board first, when historicallv housing funds have been allocated on
a first come, first serve basis. or to set UP procedures at the Commission level.
By an unanimous nod of heads, all Commissioners agreed
to send this proposal to the Community Affordable Housing Advisory Board for review
first. Add - And to leave it uo to the Board to recommend whether or not new
procedures should be set UP for allocatin2 the $100.000 the Commission has
committed to the housin2 fund for rental housin2.