HomeMy WebLinkAbout2005-05-23 Minutes, City Commission, SPEC/WORK
MINUTES OF THE SPECIAL MEETING
AND WORK SESSION
OF THE CITY COMMISSION
BOZEMAN, MONTANA
May 23, 2005
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The Commission of the City of Bozeman met in special meeting and work session in the Community
Room, Gallatin County Courthouse, 311 West Main Street, on Monday, May 23,2005, at 6:00 p.m. 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, Director of Finance Anna Rosenberry, Planning Director Andy Epple, City Attorney Paul Luwe and
Clerk of the Commission Robin Sullivan.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
Signing of Notice of SDecial Meeting
Each of the Commissioners, in turn, signed the Notice of Special Meeting.
Public comment
Mr. Jarrett Barber, 2188 Gallatin Green Boulevard #14, submitted pictures of the area where the
Vida Urbana condominium project is proposed, and offered to respond to questions.
ADDointment to Local Government Study Commission
Distributed just prior to the meeting was a copy of the application for boards and commissions with
supplemental information, as submitted by John Trull.
It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that John Trull be
appointed to the Local Government Study Commission to fill the vacancy created by Bill Wise's resignation.
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.
Authorize staff to Droceed with reauest for DroDosals for sale/lease of the StOry Mansion
Included in the Commissioners' packets was a memo forwarding the draft request for proposals for
sale or lease of the Story Mansion, as prepared by Assistant City Manager Ron Brey.
Responding to Commissioner Krauss, City Manager Kukulski confirmed that an initial deadline date
of July 29 is included in the request for proposals, but it also allows the process to remain open until the
property is sold or leased. He noted that this request gives approximately sixty days for responses, in light
of concerns that the previous process did not allow adequate time. He then identified a deed restriction as
the other issue for discussion and direction to staff.
Commissioner Krauss noted that with Commission action last week, the lot lines are to be eliminated
and the block become a single lot. He questioned the need for a deed restriction, but suggested that a
statement be added to the request for proposals that reads "proposals including subdivision will not be
considered" or, as an alternative, that a statement be added indicating preference will be given to proposals
that restrict subdivision.
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Commissioner Youngman expressed her preference for including a deed restriction, noting that the
Commission's action to aggregate all lots within this block could be reversed as soon as the property is
purchased. She voiced her concern about institutional memory and her interest in protecting this single
block, in response to the public desires for this property.
Commissioner Krauss voiced his interest in selling this property as soon as possible to avoid
additional vandalism and costs to the City; and he is concerned that adding a deed restriction prior to sale
of the property could make sale more difficult. He then suggested that the section on the deed restriction
be revised to provide that it be a preference and priority and that it would be attached at the date of sale.
Commissioner Hietala voiced his interest in selling the property and restoring the health of the City's
general fund.
It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that staff be
authorized and directed to proceed with the request for proposals for sale or lease of the Story Mansion as
revised to include the clarification that preference and priority will be given to proposals that include adding
a deed restriction at the time of sale. The motion carried by the following Aye and No vote: those voting
Aye being Commissioner Youngman, Commissioner Hietala and Commissioner Krauss; those voting No
being Commissioner Kirchhoff and Mayor Cetraro.
Authorize City Manaaerto sign buy/sell aareement for existing Powder Horn parking lot at southwest
corner of intersection of East Mendenhall Street and North Black Ayenue
Included in the Commissioners' packets was a memo from Paul Reichert, Executive Director of the
Downtown Bozeman Partnership, forwarding the recommendations from the Parking Commission and the
Downtown Bozeman Improvement District Board (lOB) that monies from the cash-in-lieu of parking spaces
and tax increment funds be used to purchase the existing Powder Horn parking lot, located at the southwest
corner of the intersection of East Mendenhal Street and North Black Avenue, for the new intermodal facility.
City Manager Chris Kukulski noted the Parking Commission has forwarded a recommendation that
up to $250,000 in cash-in-lieu monies be used toward the purchase of the existing Powder Horn parking
lot and the Downtown Bozeman Improvement District Board has recommended that up to $250,000 in tax
increment financing funds be contributed toward the purchase of that lot. The City Manager then noted that
the actual cost of the purchase is just under $479,000 plus slightly over $8,500 in costs associated with the
purchase, resulting in a total cost of slightly over $487,500. The City Manager reminded the Commissioners
that acquisition of this property is essential for the intermodal facility that is to be constructed beginning this
summer.
Responding to Commissioner Krauss, the City Manager confirmed that the City of Bozeman will be
the owner of the property.
It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the Commission
authorize the City Manager to sign the buy/sell agreement for the existing Powder Horn parking lot at the
southwest corner of the intersection of East Mendenhall Street and North Black Avenue and the expenditure
of up to $250,000 in cash-in-lieu of parking monies and up to $250,000 in tax increment financing funds to
cover the costs of the purchase. 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.
Update on plans to expand the Business Improvement District. Paul Reichert
Included in the Commissioners' packets was a memo forwarding information on the existing
business improvement district, its current boundaries and proposed boundaries.
Mr. Paul Reichert, Executive Director of the Downtown Bozeman Partnership, noted the current
business improvement district (BID) was born in 2000, and was designed to provide the organization and
staffing needed for downtown projects, including the streetscape enhancements. He noted that the
Bozeman Downtown Partnership is comprised of the Downtown Bozeman Association, the Downtown
Bozeman Improvement District Board (lOB), the Business Improvement District Board (BID) and the Parking
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Commission. As a result, the Partnership and its staff are involved in all aspects of the downtown and its
activities.
Mr. Reichert stated the proposed expansion of the business improvement district is designed to
generated additional funds for its activities and, thus, allow the program to be weaned off the tax increment
financing monies. He noted that the existing district will expire in 2010 unless it is recreated by the property
owners within the district, and under this proposal, the expansion of the district means the new properties
will be in the district for only five years. He indicated that the proposed expansion, generally to the east,
west and north, is designed to capture more of the commercial development in the downtown area. The
first step is to approach the owners of those properties, seeking signatures on petitions to expand the
district. Once a sufficient number of petitions have been gathered, they will be presented to the
Commission, thus triggering the formal process for expanding the district. He indicated that, during this
process, properties outside the proposed new boundaries may also petition to be included within the district.
City Manager Kukulski noted that the downtown area extends beyond Grand Avenue and Rouse
Avenue, and it is important to include all of the commercial properties that are viewed as part of the
downtown.
Responding to questions from Commissioner Krauss, Mr. Reichert stated that strictly residential
properties may not be included within the business improvement district. He noted, however, that those
living units within the district boundaries are included in the district and are assessed on their taxable value,
as are all of the commercial properties.
The Commissioners encouraged Mr. Reichert to pursue expansion of the business improvement
district.
Discussion re proposed revisions to Dowers and duties of Parkina Commission
Included in the Commissioners' packets was a memo forwarding the current resolutions pertaining
to the Parking Commission, a draft resolution expanding those powers and duties, a copy of state statute,
and maps showing the current parking districts. Distributed just prior to the meeting was a revised draft
resolution.
City Manager Kukulski reminded the Commissioners that one of the goals adopted in December was
to revise the Parking Commission's duties and powers. He noted that the Parking Commission, as currently
structured, is advisory with very little authority. A review of other Parking Commissions in the state reveals
that Bozeman's is one of the weakest; under the proposed revisions, it would become much stronger, but
the City Commission would still appoint its members, and its budget would be part of the City's overall
budget adopted by the Commission. He cautioned that under State statute, a Parking Commission has the
authority to have bonded indebtedness and eminent domain; however, no member of the current Parking
Commission wishes to exercise those authorities. He also noted that the land on which the parking lots are
located is owned by the City of Bozeman.
The City Manager indicated that, under the changes that would take place with adoption of the
proposed resolution, the parking program in Bozeman would move toward being self-sufficient. Since the
members of the Parking Commission have not had a clear picture of the revenues and expenditures for this
program, they are nervous about the change; but he stressed it is not administration's intent to stop being
financial partners until the program can support itself.
Mr. Chris Pope, Chair of the Parking Commission, noted that the Parking Commission members
have worked together for nearly five years and have repeatedly discussed this topic. He noted they have
a very strong interest in the proposed changes, but are tentative because they don't have a specific plan
for doing so. He also cautioned that all members are volunteers and, as a result, cannot devote a significant
amount of time to this issue. He stressed it is the Parking Commission's intent to gently make changes to
serve everyone better but not to make any drastic moves.
Responding to questions from Commissioner Krauss, City Manager Kukulski and Director of Finance
Anna Rosenberry indicated they do not expect to see any big changes in how the finances for parking
activities are handled. It is anticipated that all revenues and expenditures will continue to run through the
City's books and audits, and all employees will remain City employees. He acknowledged that, if the
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Parking Commission wishes to do so at some time in the future, it can seek a complete separation from the
City.
Commissioner Krauss stated he feels some checks and balances need to be added to the resolution
to ensure that the City retains control of the monies and employees.
Responding to Commissioner Youngman, the City Manager noted that, in the past, the Parking
Commission did control its own monies; and the City received annual audit comments on that issue until
it once again assumed control over those revenues and expenditures. He recommended that, at least for
the first several years, the City retain control over the finances even with the expanded authority and
responsibility of the Parking Commission.
City Manager Kukulski noted that, in addition to the parking garage issues and the financial
responsibilities, the Parking Commission is being asked to assume jurisdiction over the parking districts as
well as the downtown parking. He noted that the cost of the permits in the residential parking districts has
not changed since the program was started in the mid 1990s. He stated a pemit costs $10 while a visitor
permit costs $5. Proposed changes in the fees include a $2 to $5 increase per permit and prorating at six
months rather than on a monthly basis. Further. the visitor permit is being closely reviewed to determine
possible steps to minimize abuse of those permits. He concluded by indicating no change is proposed in
the $15 fine that is currently in place for parking within the residential parking district without a permit.
Commissioner Krauss noted that the high school is one of the few places in Bozeman where public
transportation is available.
Commissioner Youngman recognized the need to make changes in the manner in which parking
issues are addressed. She noted. however, it is important to identify a structure that makes it easy on staff
and addesses the abuses and inequities within the system.
Commissioner Krauss stated it is important for each segment of the parking program to carry itself,
not be supported by one of the other parking areas.
City Manager Kukulski stated that, in addition to the proposed resolution amending the duties and
powers of the Parking Commission, the Commission will be asked to consider ordinance revisions to allow
for more aggressive and fairer enforcement in the downtown area at some time in the future.
Mayor Cetraro thanked the City Manager and Parking Commission for the update.
Progress report from librarv workina aroup
Commissioner Youngman reported that the working group will be prepared to make a presentation
within the next few days but is not ready to do so at this time.
City Manager Kukulski noted that this diverse working group has unanimous support for the
recommendations it is about to make, stressing that does not mean the discussion has been without
questions or controversy. He then indicated this item will be placed on a future agenda.
Informal review - allow construction of mid-rise condominium proiect containing 283 dwellina units
on approximate Iv 6,75 acres in Baxter Meadows Subdivision. Phase II (Vida Urbana) CI-05013}
Included in the Commissioners' packets was a conceptual plan for Vida Urbana, a mid-rise
condominium project containing 283 dwelling units on approximately 6.75 acres in Phase II of the Baxter
Meadows Planned Unit Development Subdivision.
Contract Planner Lanette Windemaker noted that this request is for a mid-rise condominium project
on Block 15, Baxter Meadows Subdivision, Phase II. The subject block is located north of the Trakker
building and is bounded by Kimberwicke Street, Caspian Avenue. Galloway Street and Vaquero Parkway.
She stated that, through the conditional use process, buildings in the B-2 zone may be extended to 49 to
57 feet, depending on the pitch of the roof, but not to the 55-foot height proposed. She reminded the
Commissioners that in 2004, Baxter Meadows asked that a 72-foot height limit be established in the B-2
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zone within that subdivision, but the Commission did not approve the request. She concluded her
presentation by noting that, on July 11, the Commission will be considering a concept plan from Baxter
Meadows that would allow 96-foot-tall buildings in the B-2 zoning district.
Mr. Greg Allen, applicant, noted that at the February 2, 2004, Commission meeting, when the
conditional use permit for the planned unit development was considered, there was much discussion about
building height, design and parking. He indicated this proposal includes a parking plan that provides
adequate parking on site and almost 3 acres of open space in the center of the complex. He noted that this
block is immediately north of the plaza in the neighborhood business district.
Responding to Commissioner Kirchhoff, Mr. Allen stated that the dwelling units are to range from
a 750-square-foot, one-bedroom unit to a unit with slightly over 2,000 square feet. A majority of the units
will be small, and it is anticipated that they will be priced at $125,000 and up. All units are condominiums
for sale, with the target market being young professionals on limited incomes and empty nesters.
Further responding to Commissioner Kirchhoff, Mr. Allen stated that all setback requirements have
been met; and he will work on the landscaping requirements to ensure that they are also met. He then
turned his attention to the alignment of entrances, noting that is another issue that has arisen during the
review process. He indicated that the proposed alignments are close to those in the master plan for the
subdivision, and they can be moved slightly if necessary. He suggested that since this is the first
development in this area, the entrances for other developments should be established to align with those
in this development.
Commissioner Kirchhoff identified the proposed height as the big issue and noted that is no problem
to him. He noted the schematic reflects attractive buildings, and he is encouraged by the price points that
have been identified. He stated that when the height issue was previously discussed, his concern was not
allowing essentially a downtown that competes with the community's crown jewel; in this instance, he does
not view the proposed housing development as a competing project.
Commissioner Hietala characterized this project as great in the core downtown, but not in the
northwest quadrant of the community.
Responding to questions from Commissioner Krauss, Mr. Allen stated that the typical floor to ceiling
height for lofts is 12112 feet; this proposal includes a height of 11 feet. He then indicated that these buildings
are 4112 to 5 stories tall, but the high ceilings in these living units result in tall buildings. He indicated that the
top floor is actually a deck for the top level units. He concluded by stating that this project would not be
economically feasible in the downtown area, where land costs are substantially higher.
Responding to Commissioner Youngman, Mr. Allen stated this parcel is one-quarter mile from the
regional park. He also noted that, because of its relationship to the park, development would not block the
view of the Bridger Mountains from the park.
City Manager Kukulski noted that, with sprinkler systems and separation walls, fire issues and
concerns can be adequately addressed.
Commissioner Youngman acknowledged that she supports "height in the abstract better than in the
concrete". She noted that the fabric in this area is low, with one and two-story units currently located within
this subdivision; however, she recognized that heights will increase and become mixed in the adjoining
neighborhood business district. She aCknowledged the difference between 57 feet and 65 feet is not
much; and she is pleased to learn that the other concerns seem to have been resolved. She recognized
that it may be possible to make the 65-foot height work; however, she is totally resistant to a 96-foot height.
Mayor Cetraro stated he is willing to support a 57-foot height but cannot support additional height.
Responding to Commissioner Krauss, Mr. Allen characterized the proposed structures as four
stories with a mezzanine, which allows the rooftop decks, approximately 400 square feet, for each of the
upper units.
Commissioner Krauss stated he has problems allowing over the 57-foot height without excellent
reasons to do so. He voiced appreciation for the structured parking that is included with this design.
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Responding to Commissioner Youngman, Mr. Allen stated that a decreased height would result in
shrinking the heights of the living units or deleting a floor. He then stressed that those purchasing this type
of unit like the higher ceilings, noting they are not interested in purchasing an apartment but want a more
open feel. He then indicated that, since most of these units have only one exterior wall, they will be more
energy efficient than a house, even with the higher ceilings.
City Manager Kukulski noted it is hard to conceive that Bozeman will grow to 88,000; however,
growth is currently outpacing all estimates. He cited the Village Lofts project in the downtown area, noting
that each tower contains 40 units; 29 of the units were sold the first night they were on the market and a
total of 36 units have already been sold despite the fact that construction has just begun. He stated 85
percent of those buyers are from Bozeman.
Commissioner Kirchhoff thanked the applicants for giving the community a model project and an
environment that he feels Bozeman must start embracing unless it wishes to push out in all directions. He
appreciates the density, noting that if this project were built at average residential densities, it would cover
47 acres instead of just under 7 acres.
Commissioner Hietala stated he feels this is a great condensed project in an appropriate zone. His
only concern is "creating a little Dallas here", noting that the Commission has received comments that
residents don't want to see tall buildings scattered throughout the community but that is what the current
planning and zoning maps promote. He reiterated his interest in seeing this type of project in the downtown
core rather than creating sprawl in the outer edges of the community.
Commissioner Krauss stated that, for him to support the increased height, the overall project must
be designed to meet the community needs and address all of the other issues that have been identified
during this review.
Mayor Cetraro thanked the applicants for the opportunity to review this proposed project.
Informal review - allow conversion of existing garage into accessory dwellina unit - John Shankland.
314 North Grand Avenue (1-05014)
Included in the Commissioners' packets was information on a proposal to convert the existing
garage at 314 North Grand Avenue into an accessory dwelling unit.
Historic Preservation Planner Allyson Bristor noted the applicant recently purchased this property
and wishes to convert the existing garage into an accessory dwelling. She stated that under the unified
development ordinance, an accessory dwelling unit must be located above a garage; and a minimum
1 O,OOO-square-foot lot is required to accommodate a second household.
Responding to Commissioner Kirchhoff, the Historic Preservation Planner stated the applicant
purchased the property with the assumption that the garage could be converted into an accessory dwelling
unit to help cover the expenses of acquiring the property. She indicated that staff has tried to clearly state
options in the memo and identify those that staff would and would not support.
Ms. Elizabeth Ridenour, attorney representing the applicant, asked the Commission to right a wrong
for her client by giving favorable consideration to this request. She stated her client has found himself in
a devastating situation in purchasing his first home. Throughout the process, he was astute and asked
many questions in light of the high real estate prices in Bozeman. He realized that the price of this house
was a little beyond his means and, when he asked the realtor and the property owner, he was assured that
he could convert the garage into an accessory dwelling unit to help write down the costs of the mortgage.
In fact, the realtor showed him her conversion of the garage immediately across the street into a rental unit.
So, on March 23, he purchased the property and subsequently went to the City to obtain the appropriate
permits to make the conversion. At that time, he was informed that he could not do so.
Ms. Ridenour stated the house was built in 1905, and the garage has been designated an historic
structure. She noted that this conversion will allow the structure to be preserved and that the result meets
the spirit of the law.
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Commissioner Kirchhoff stated that, while he empathizes with the applicant, it is not the
Commission's job to correct the problem. He encouraged the applicant to pursue either the second or third
option given by staff, which provides for an accessory dwelling unit either as a second floor on the garage
or added onto the existing home.
Commissioner Hietala voiced a willingness to hear this application and make a decision on the
needed deviations.
Commissioner Krauss noted he has been "on the losing end of 4-1 votes" on accessory dwelling
units many times. His concerns generally revolve around parking and impacts on the neighborhood, and
he cautioned that he would not be supportive if this proposal were brought back through the formal
application process.
Historic Preservation Planner Bristor noted that an off-street parking space would be required for
the new dwelling unit in addition to the off-street parking spaces required for the existing house. She then
turned her attention to the garage, noting it was constructed post 1946 and is, therefore, not original to the
site. She recognized that care was taken to ensure that the garage relates to the house, and this property
is a past preservation award winner. She aCknowledged that there are not many carriage houses on the
north side of town; rather, the accessory buildings tend to be smaller shops and sheds constructed of
materials that do not last for an extended period of time.
Commissioner Youngman noted the Commission is on the cusp of revising the accessory dwelling
unit regulations, and she is not certain how those changes might impact this proposal. In this instance, she
noted the property is zoned R-4, which anticipates greater density and might provide an opportunity for the
Commission to give favorable consideration. She then expressed concurrence with Commissioner
Kirchhoff's observation that the Commission is not responsible for realtor misinformation.
Ms. Ridenour stated that the second and third options in the staff memo are not options for her client
since he does not have the monies to construct a new dwelling unit.
Mayor Cetraro cautioned that the Commission is unable to consider the arguments being offered
under this format, but can consider them during the public hearing process if the applicant chooses to
proceed. He then thanked the applicant for the opportunity to conduct this review and provide input.
Commission direction/input on draft budaet recommendations for water and wastewater funds.
including direction to staff on utilitv rates. for Fiscal Year 2005-2006
Included in the Commissioners' packets were memos forwarding information on proposed rate
increases for water, wastewater and solid waste services for the upcoming fiscal year.
City Manager Kukulski asked that the Commissioners provide input on possible rate increases in
the water, wastewater and solid waste services. He began with the water fund, noting that major capital
projects, including the Lyman Creek Reservoir liner and the Hyalite transmission main, have depleted both
the water fund and the water impact fee account so that the balances in both accounts are anticipated to
be zero at tne end of those projects. He encouraged the Commission to consider a 15-percent increase
in those rates, with 10 percent being used to fund the water fund and 5 percent to be earmarked toward
replacement of the water plant, which is projected for five to seven years from now.
The City Manager turned his attention to the wastewater fund, recommending that a 15-percent
increase be considered. He recognized that a 5-percent increase in needed to maintain the current level
of operations and suggested the remaining 10 percent be earmarked for plant replacement. He stressed
that a new wastewater plant is essential within the next few years, and setting aside monies will allow the
City to take advantage of any federal funds that may be available for this construction as well as possibly
assist in obtaining better rates on the bonds by showing the City's commitment and planning for the project.
Commissioner Hietala asked that additional information be provided, including what equipment
requirements are not being funded and what caused the water fund to be thrown into a deficit situation. He
then suggested that contruction of the new water plant be postponed three years, to allow the water fund
to reach a positive cash flow position once again.
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Commissioner Krauss encouraged the City Manager and Director of Finance to look at all enterprise
funds to make sure that the revenues cover the costs. He then indicated that he is ready to move forward
with the recommendations from the City Manager.
Mayor Cetraro voiced support for 15 percent increases in both the water and wastewater funds but
expressed an interest in receiving additional information on those funds as well.
City Manager Kukulski turned his attention to the solid waste fund, noting that a 9-percent increase
is needed to maintain operations for the upcoming year. He stated that this increase will allow the City to
remain competitive in its rates while providing excellent service to the public.
Director of Finance Anna Rosenberry stated that a review of this fund revealed the current collection
fees do not cover the costs of recycling, and this adjustment in fees would move toward doing so.
Director of Public Service Debbie Arkell stated that in the past, solid waste disposal helped to fund
the costs of the recycling program. With the closing of the landfill, that portion of the revenues will no longer
be available, so the total cost must be transferred to the solid waste collection program. She stated that
a 27-percent increase would be needed to fully fund the shortfall in the recycling program, and staff
determined that 9-percent increases over the next three years would be preferable to a larger increase this
year.
Commissioner Kirchhoff asked that the support information for these rate adjustments be provided
in layman's terms so it is clear to the average person.
City Manager Kukulski concluded this discussion by noting it is important to consider any rate
adjustments in conjunction with the budgeting process. He then indicated that the general fund portion of
the budget will be the topic of the next budget work session.
Evaluation of work session/retreat held on ADril 25
City Manager Kukulski handed out the notes from the workshop held on April 25, as provided by
Joshua Leavitt. He indicated that the committee will work to better refine the three to five year goals and
to develop core values with a short sentence of explanation for each rather than a paragraph.
Continued work session - review of DroDosed amendments to Unified DeveloDment Ordinance
Included in the Commissioners' packets as a memo from Assistant Planning Director Chris
Saunders forwarding responses to Commissioner questions regarding accessory dwelling units and the
proposed revisions.
Assistant Planning Director Chris Saunders briefly highlighted the information in his memo after
which he returned to the proposed revisions pertaining to accessory dwelling units. as contained in Nos. 74
through 84.
Mr. Bob Ekey, 719 South 6th Avenue, noted that he and his family were recently involved in the
discussions revolving around an accessory dwelling unit behind their home. He stated that in his block there
are 14 primary residences and 8 secondary dwelling units, and allowing additional dwelling units compounds
the problems already encountered with this level of density. As a result, he has concerns about allowing
multiple deviations for lot width and percentage of rear yard coverage. He suggested that eliminating the
possibility of those deviations could help to ensure the integrity of the neighborhood.
Planning Director Epple reminded the Commissioners that adaptive re-use of larger older homes
was one of the main reasons for allowing accessory dwelling units. He noted, however, that having
accessory dwelling units in the back yard has become more typical than in the home.
Commissioner Krauss stressed the importance of protecting established neighborhoods and noted
he would not be inclined to allow an accessory dwelling unit in University Subdivision or Marwyn Addition
because of the negative impacts they would have in those subdivisions.
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Assistant Planning Director Saunders cautioned that, the more flexible the rules, the greater the
effort and the amount of staff time expended in finding a way to approve a request.
Mr. Rob Pertzborn stated he feels deviations can make a good project, and cautioned against
eliminating all deviations. He suggested that the number of deviations allowed could be limited if the
Commission so desires.
Responding to Assistant Planning Director Saunders, a majority of the Commissioners confirmed
support for Nos. 74 and 76. The Commissioners also expressed support for No. 77.
Assistant Planning Director Saunders turned his attention to Nos. 78 and 80, noting they are directly
opposed to each other.
Mr. Rob Pertzborn noted he proposed No. 80 based on the Foxtail project in Cattail Creek
Subdivision. He stated that within this subdivision, sewer has been extended to the backs of the units and
the units have been constructed so that a kitchen may be added but, since this is an R-1 zoned subdivision,
no accessory dwelling unit may be built there for five years. He suggested that this requirement be flipped
so that an ADU may not be constructed after the first five years.
Assistant Planning Director Saunders noted that protective covenants can also become an issue
in some neighborhoods. He stressed that the neighborhoods are responsible for enforcing those covenants;
however, covenants sometimes conflict with the zone code.
A majority of the Commissioners indicated support for No. 80 with Options 1 and 3.
The Assistant Planning Director turned his attention to the remainder of the revisions. A majority
of the Commissioners indicated support for Nos. 81, 82 and 83 but did not support No. 84.
Assistant Planning Director Saunders asked the Commissioners to briefly consider Item No. 199A,
which pertains to temporary signs such as political signs and real estate signs; the Commissioners indicated
support for including it in the revision process.
Mayor Cetraro requested that continued discussion of the proposed revisions be placed on the June
6 agenda.
Discussion - FYI Items
The following "For Your Information" items were forwarded to the Commission.
(1 ) Letter from I. Edward Sondeno, 1612 South Tracy Avenue #8, voicing support for the
proposed Town and Country Grocery.
(2) Letter from Claudine Eckes, 2201 Maplewood Street, voicing support for a grocery store in
the southeast sector of the community
(3) Updated listing of planning projects to be considered at upcoming meetings, dated May 17.
(4) Letterfrom Janet Krob, 1302 Rainbow Road, expressing support for the proposed Town and
Country Grocery store.
(5) E-mail from JP Pomnichowski forwarding her comments on the proposed revisions to the
provisions for accessory dwelling units.
(6) Letter from Camille and Paul Lindsay, 310 East Lincoln Street, voicing support for the Town
and Country Grocery proposal.
(7) Petition from business owners along North 7th Avenue requesting that monies be earmarked
for enhancing that corridor and providing connectivity to other portions of the community.
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(8) Invitation to the Bear Aware Community Open House scheduled at Lamotte School,
beginning at 6:30 p.m. on Tuesday, May 24.
(9) Listing of the locations for upcoming Commission meetings, since a majority of the meetings
are to be held at the Gallatin County Courthouse.
(10) Copy of a press release announcing that garbage collection crews will not be working on
Memorial Day. (11) Copy of a press release announcing that spring cleaning of streets and alleys was to begin
on Monday, May 16.
(12) Agenda for the School District NO.7 Board of Trustees meeting to be held at 7:00 p.m. on
Monday, May 23, at the Willson School
(13) Agendas for the Gallatin County Commission meetings to be held at 9:00 a.m. on Tuesday,
May 24, and 1 :30 p.m. on Wednesday, May 25, at the Courthouse.
(14) Agenda for the Gallatin County Planning Board meeting to be held at 6:30 p.m. on Tuesday,
May 24, at the Courthouse.
(15) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on
Wednesday, May 25, in the Commission Room.
(16) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Wednesday, May
25, in the Commission Room.
(17) Letter from the Office of the Lieutenant Governor, inviting elected officials to attend the
Governor's Whistle Stop Tour in Support of AMTRAK on June 1 and 2.
(18) Notes from the Community Alcohol Coalition meeting held on March 9.
(19) Letter from Buz Cowdrey, dated May 19, encouraging the Commission to not terminate its
garbage collection services.
(20) Invitation to the reception being held for Steve and Jean Schnee at the HRDC office at 6:00
p.m. on Thursday, May 26.
(21) Memo from Duane Burkenpas and Sondra Torma, Marwyn-Lindley Neighborhood
Association, forwarding input on Item No. 78 of the proposed revisions to the unified development
ordinance.
(22) E-mail from Lt. Rich McLane, Bozeman Police Department, encouraging the installation of
a traffic signal at the intersection of South Willson Avenue and West College Street.
(23) E-mail from JP Pomnichowski requesting that monies be budgeted for a watercouse/
floodplain/hydrology study just west of the current city limits.
(24) City Manager Chris Kukulski submitted the following. (1) Encouraged all Commissioners
to attend the Montana on the Move meeting, to be held at the Museum of the Rockies on Wednesday
morning. (2) Stated that the big cities had a positive meeting with the Governor on Friday morning, noting
that this provides an opportunity to plant seeds of interest on the local level. (3) Announced that
management staff has been working on issues of local interest that might be addressed in the three
questions that the City may create for the prewritten national citizen survey. He reminded the Commission
that this national survey allows the results from Bozeman to be compared with others from around the
country, as a way to guage how this local government is doing. He noted the three top questions pertain
to park maintenance assessments, enforcement of city ordinances, and possible support for local option
taxes that would provide tax relief and funding for capital improvements. The survey is to be mailed to 800
residents in the community and then be tabulated electronically. The results would provide a benchmark
from which the City Commission and management could then operate.
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(25) Sanitation Superintendent Mark Kottwitz announced that a household hazardous waste
collection event is to be held on June 17 and 18.
(26) Director of Public Service Debbie Arkell submitted the following. (1) Noted that the City will
close on the property at 1811 Durston Road on Wednesday afternoon, after which the house will be rented
until work begins on the Durston Road improvements. (2) Stated that work was to begin on the North 19th
Avenue/Valley Center Road project today. (3) Noted the West Babcock Street project is progressing well.
(4) Stated that milling and overlay of North Rouse Avenue is to be done in the next few weeks. (5)
Announced that she will be in Helena on June 3 for the hearing on the City's appeal of the DEQ decision
on the stormwater permit.
(27) Planning Director Andy Epple submitted the following. (1) Distributed copies of a handout
on xeriscape landscaping. (2) Announced that the hearing on the Town and Country application is
scheduled for July 18, which will give the applicant and neighborhood an opportunity to meet and determine
if they can find common ground.
(28) Commissioner Youngman noted the public has complained that they cannot hear in this
Community Room. The City Manager responded that the City of Missoula and the City of Helena have
received monies from Bresnan to improve their communications systems, and he may see if that is a source
of funding to improve the sound system so everyone can hear.
(29) Mayor Cetraro noted that he rode with the Police Department on Friday night.
Adiournment -10:38 D.m.
There being no further business to come before the Commission at this time, it was moved by
Commissioner Kirchhoff, seconded by Commissioner Hietala, that the meeting be adjourned. The motion
carried by the following Aye and No vote: those voting Aye bei 9 Commissioner Kirchhoff, Commissioner
Hietala, Commissioner Krauss, Commissioner Youngman a Mayor Cetraro; those voting No, none.
AND . CETRARO, Mayor
ATTEST:
~L~
R IN L. SULLIVAN
Clerk of the Commission
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