HomeMy WebLinkAbout2005-02-10 Minutes, City Commission
MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
January 10, 2005
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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 - December 6 work session. December 13. December 13 work session. December 20. and
December 27.2004. and January 3.2005
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. 1625 - establishina an initial municioal zonina desianation of "M-2".
(Manufacturing and Industrial). on 215 acres described as the Mandeville Farm.
and the Burlinaton Northern Railroad right-of-way extendina from the crossina
at Interstate 90 and North Rouse Avenue to a Doint south of the intersection of
Moss Bridae Road and Frontaae Road: finally adoot
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 "M-2" (MANUFACTURING AND INDUSTRIAL
DISTRICT) ON 215ACRES LOCATED IN SECTIONS 25, 26, AND 36, T1S, R5E, SECTION
31, T1S, R6E, AND SECTION 6, T2S, R5E PMM, GALLATIN COUNTY, MONTANA.
Ordinance No. 1626 - zone mao amendment - amend zonina desianations from "R-3"
(Residential Medium Densitv District) to "B-1" (Neiahborhood Commercial
District) for 6.094 acres and "B-2" (Communitv Commercial District) for 15.731
acres IYina alona the west side of North 19th Avenue. north of West Oak Street:
finallyadoot
ORDINANCE NO. 1626
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
AMENDING THE CITY OF BOZEMAN ZONE MAP FROM "R-3" (RESIDENTIAL MEDIUM
DENSITY DISTRICT) TO "B-1" (NEIGHBORHOOD COMMERCIAL DISTRICT) FOR 6.094
ACRES AND "B-2" (COMMUNITY COMMERCIAL DISTRICT) FOR 15.731 ACRES WITH
19.678 ACRES REMAINING ZONED "R-3" ON PROPERTY DESCRIBED AS LOT 4,
HOME DEPOT MINOR SUBDIVISION #319 AND LOCATED IN THE NEY.. OF SECTION 2,
T2S, RSE, PMM, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA.
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Commission Resolution No. 3765 - authorize City Manaaer to sian Chanae Order No.
2. SID No. 674 lBridaer Center Subdivision) - Walker Construction. Bozeman.
Montana - 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 Manaaer to sian - Amendment No.1 to Professional Services Aareement
for North 19th AvenueNalleY Center Road - Thomas. Dean. and Hoskins. Inc..
Bozeman. Montana - Add $44.603.00
Acknowledae receipt of application for initial property tax relief - LiaoCvte
Pharmaceuticals. Inc.; refer to staff
Authorize staff to proceed with Reauest for Proposals for StOry Mansion
Ratify City Manac;Jer's appointment of Bill Ranard to the Police Commission. with a
term to expire on April 30. 2008
Approval of liauor license renewal for 2005
Buildina Inspection Report 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 - Conditional Use Permit with Certificate of APpropriateness - allow conversion of
existina sinale-household dwellina unit at 316 North Tracy Avenue into a crisis stabilization house
with residential care for UP to five individuals experiencina psychiatric emeraencies - WMMHC-
Gallatin MHC for Ben Stanley and Laurie Steward Stanley lZ-04305)
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. Z-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.
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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.
Appellate hearina - administrative decision of Plannina Director to denv approval of re-use/Certificate
of Appropriateness application to allow Gallatin Labor Temple. 422 East Mendenhall Street. to be used
as niahtclub/dancehall - Steve Waaner (C-04007)
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 nightclubl
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 Comprehensive Annual Financial Report for Fiscal Year 2003-2004 (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.
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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 - CDBG Economic DeveloDment Revolving Loan Fund - 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 - CDBG Economic DeveloDment Revolvina Loan Fund - 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.
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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.
Appointments to boards and commissions: (a) Beautification Advisory Board: (b) Board of Appeals;
(c) Bicvcle Advisory Board: (d) Cemetery Board: (e) Board of Health: (f) City Plannina Board; (a)
Desian Review Board: (h) Fire Code Board of Appeals; (j) Historic Preservation Advisory Board: (j)
Pedestrian/Traffic Safetv Committee: (k) Senior Citizens' Advisory Board: and m Zonina 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. 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.
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( 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 21 st 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.
Adjournment - 7:48 em
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 Aye being Commissioner Hietala, Commissioner
Krauss, Commissioner Youngman, Commissioner Kirchhoff, and Mayor Cetraro; those voting No, none.
~or
ATTEST:
(l~ / ~
ROBIN L. SULLIVAN
Clerk of the Commission
PREPARED BY:
~ h--oRj*Luw, )
KA EN L. DeLA THOWE - -
Deputy Clerk of the Commission
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