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HomeMy WebLinkAbout2005-01-18 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA January 18, 2005 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Tuesday, January 18,2005, at 7:00 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, 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 - January 10. 2005 It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the minutes of the meeting of January 10,2005 be approved as submitted. 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. Commission Resolution No. 3766 - creatina SDecial ImDrovement District No. 683. imDrovements to West Babcock Street between West Main Street and Yellowstone Avenue COMMISSION RESOLUTION NO. 3766 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 683; MODIFYING THE BOUNDARIES THEREOF AND CREATING THE DISTRICT AS SO MODIFIED FOR THE PURPOSE OF UNDERTAKING CERTAIN LOCAL IMPROVEMENTS AND FINANCING THE COSTS THEREOF AND INCIDENTAL THERETO THROUGH THE ISSUANCE OF SPECIAL IMPROVEMENT DISTRICT BONDS SECURED BY THE CITY'S SPECIAL IMPROVEMENT DISTRICT REVOLVING FUND; CONFIRMING CERTAIN OTHER MATTERS; AND ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE. Acknowledae receiDt of staff reDort - annexation of 780 Manlev Road. Bozeman Buildina Traditions Commission Resolution No. 3767 - intent to annex 1.84 acres of land located at 780 Manlev Road: set Dublic hearina for February 22. 2005 COMMISSION RESOLUTION NO. 3767 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 TRACTS 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. ADDroval of liauor license renewal for 2005 01-18-05 ---------- - 2 - Authorize eXDenditure of $2.872.28 as Dartial reimbursement for costs billed bv the State of Montana DeDartment of Environmental Qualitv for the Bozeman Solvent Site for the Deriod from ADril1. 2004 throuah June 30. 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 Jeff Ball, 323 South Wallace Avenue, presented a letter and a petition, with roughly 300 signatures, which addressed the proposed sale of library lands to CMC Partners. Mr. Ball stated the 300 signatures were collected in four hours, and he believes he could easily obtain 3,000 signatures from people opposed to the sale of this library land. While he and everyone he spoke with supports the library and wants to see the library succeed in this new location, those who voted "yes" on the bond issue were excited by both the parkland potential and the future municipal use of this property. They did not endorse the sale of this valuable parcel of real estate, which should remain in the City's hands. It has been said the library must sell this parcel to help fund its new building. Mr. Ball said he believes, however, that there are a ton of alternatives and possibilities that need exploration. This is public property, yet the citizens have not had the opportunity to present their ideas and alternatives. These lands should only be sold as a last resort. Mayor Cetraro proposed, and the Commission unanimously agreed, that this item be included on a future work session agenda for discussion. Gary Vodehnal, Gallatin Valley Land Trust, stated that he, too, is concerned by the sale of this property to CMC Partners. He has served on the library building committee for two years because he wants to make sure there are good trails and connections to this site. This parcel is a buffer for Burke Park, Lindley Park, the cemetery, and the library and to quickly sell it off would be a huge mistake. Burke Park gets more use than any other park in Bozeman, and that land is needed for a parking area for that park. A connector between the library and the Burke Park parking area is very, very important. There is not much land left after the trail is built with a buffer, the parking lot and the library are constructed, and handicapped accessibility areas are provided. Mr. Vodehnal asked the Commissioners to not take this issue lightly and invited them to join him in walking this site. He suggested starting a fund that will preserve this land, while still allowing the library to be built. Mr. Vodehnal reminded the Commission that the City and the Recreation and Parks Advisory Board spent two years working on Condition No. 21 to get the hospital to do the right thing for Burke Park. He also stressed the importance of master planning these parks and the cemetery land. Katherine Ball, 323 South Wallace Avenue, stated that while she likes the idea of a work session, she wants to emphasize that this issue needs to be an agenda item at some point so that the public isn't excluded. This is public land, and the pUblic feels very strongly about retaining it. David Quammen, 414 South Third Avenue, stated that he, too, is at this meeting in support of the preservation of the library land. He is pro library and supports the expansion of it; but he, too, depends on that "wonderful public hillside there", which is an extraordinary resource for this town. Mr. Quammen closed by saying that we are fortunate to live in a "blessed place, with good people and wise leaders". Commissioner Krauss noted that if this property is not sold, the City is going to have to reimburse the library for that land. 01-18-05 - 3 - Public hearina - Conditional Use Permit with Certificate of Appropriateness - allow conversion of existina sinale-household dwellina unit at 316 North Tracv Avenue into a crisis stabilization house with residential care for UP to five individuals experiencina psychiatric emeraencies - WMMHC- Gallatin MHC for Ben Stanlev and Laurie Steward Stan lev (Z-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 a date uncertain to give staff an opportunity to research this type of facility and to give the applicant and residents an opportunity to participate in informational discussions on the proposed project. Planning Director Epple reminded the Commissioners that this application for the Hope House was received in December and scheduled for public hearing last week; but, due to a noticing deficiency, that public hearing was postponed until tonight. The applicants and neighborhood representatives have now agreed to further postpone the public hearing to allow their participation in a facilitated meeting that Neighborhood Coordinator Oulman will be mediating. The purpose of that meeting will be to provide both the applicants and the neighbors the opportunity to ask questions and get a better understanding of this project. This application will not come back before the Commission until after that facilitated meeting. Public hearing It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the public hearing be continued to a date uncertain, per staff's recommendation. 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. FY05 Budaet Amendment and Authorization to use Water Impact Fees for Hvalite Transmission Main Replacement Proiect Included in the Commissioners' packets was a memo from City Engineer Hixson outlining the need for the Hyalite Transmission Main Replacement Project and seeking authorization to use water impact fees and authorization for the City Manager to amend the budget to accommodate the costs of this project during Fiscal Year 2005. City Engineer Hixson presented this request to add replacement of this main to the water impact fee Capital Improvement Program (CIP) budget so they can proceed with replacing this transmission main. This main conveys water to the water treatment plant and was installed in 1957. The problem now is that, due to hydraulic characteristics of the pipe, the flow is limited to 6.9 million gallons/day, which is considerably under what it should be. In the summers of 2000, 2001, 2002, and 2003 this 21-inch main was flowing at 100 percent capacity for several days. The plan is to build another 24-inch pipe parallel to the current one and keep the old main for emergency use. This new transmission main will eliminate the problem of air bubbles binding to the filters at the Water Treatment Plant, which is the worst problem encountered during its summer operations, and will increase the effective capacity of the Water Treatment Plant to its design capacity of 15 million gallons/day. Mr. Hixson noted the estimated cost of the project is $4.8 million and funding is proposed to be from water revenue and water impact fees. Water impact fees are being recommended for use because this project will create additional system capacity. The recommended impact fee amount is $3.66 million, with the remaining $1.14 million to come from the water enterprise fund, as budgeted in the CIP. Commissioner Youngman asked how much money will be left in the self-governing portion of the impact fees. City Engineer Hixson replied this project will tap out the cash portion of the impact fees. Commissioner Kirchhoff inquired if the City normally uses its full water right. Mr. Hixson responded the City does not normally use its full water right, but this new main will carry the full water right. 01-18-05 __.._....____. on.. ____.'" .._______._____.__....._.__.__._ - 4- Commissioner Kirchhoff then asked if this improvement takes into consideration future growth and other future sources of water. City Engineer Hixson answered the City is putting itself into a position to carry 30 million gallons/day to the treatment plant, which is the 50-year capacity required. Commissioner Krauss noted that since the existing main has reached capacity several times, it is his opinion that the ability to add new customers to the water supply will be constrained if this project is not undertaken. Since this project will have to paid with either water impact fees or water rate increases, he would prefer to use the water impact fees; and if the impact fees have to be paid back, the users will have to repay the fund. City Manager Kukulski concurred, saying that in order to service the growth and capacity demands of the future, the capacity of critical infrastructure components must be expanded. It is important to note that the portion of the water impact fees used on this project is only to pay for the share of the project that adds capacity, and the rate payer fund reserves will pay the replacement costs of the old pipe. This project's costs will be broken down as to what is replacement and what is capacity expanding, so that no impact fees will be used for replacement. Director of Public Service Arkell added that the CIP does anticipate a two to three percent water rate increase to cover the costs of CIP projects. It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that the City Manager be authorized to amend the FY05 budget to allow utilization of water impact fees for the Hyalite Transmission Main Replacement Project. 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. Reauest for second installment of $100.000 for affordable home ownership Included in the Commissioners' packets was a request from the Human Resource Development Council (HRDC) asking that the City commit $1 00,000 toward the Road to Home affordable home ownership program from the current fiscal year budget. Jeff Rupp, HRDC, reviewed their request for $100,000 in big box funds to assist families with down payments to allow them to purchase homes within the city. Last year HRDC was able to secure a $500,000 Community Development Block grant for down-payment assistance in Gallatin County and received $1.5 million from the Montana Board of Housing forfirst mortgage financing in Gallatin County. They have provided education to over 200 families and assisted six families to secure home ownership within the city. The City's previous contribution of $100,000 has been spent, and they are now requesting the second installment of funds. It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the request from HRDC for the second installment of $100,000 of big box funds for The Road to Home affordable home ownership program be granted. 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. Appointments to boards and commissions: (a) Beautification Advisorv Board: (b) Board of Appeals: (c) Bozeman Area Bicycle Advisorv Board: (d) Cemetery Board: (e) City-County Board of Health: (f) City Plannina Board: (a) Design Review Board: (h) Fire Code Board of Appeals: (n Pedestrian/Traffic Safety Committee: (j) Senior Citizens' Advisorv Board: (k) Zonina Commission Included in the Commissioners' packets was a memo from Deputy Clerk of the Commission DeLathower forwarding the list of applicants for the various boards and commissions. Beautification Advisory Board. It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that Christina Rodriguez be appointed to replace Tamie L.H. Parker on the Beautification Advisory Board, with an initial term to expire on June 30, 2007. 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. 01-18-05 -...... -----.--..- ...-..--...------ ....u..__ - 5 - Board of Appeals. It was moved by Commissioner Youngman, seconded by Commissioner Krauss, that Robert Lashaway be reappointed to the Board of Appeals, with a term to expire on December 31,2007, and that Cynthia Newman be appointed to replace Kevin Pillard on the Board of Appeals, with a term to expire on December 31, 2006. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Krauss, Commissioner Kirchhoff, Commissioner Hietala, and Mayor Cetraro; those voting No, none. Bozeman Area Bicycle Advisory Board. It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that Cort Felts be reappointed, that Jeffrey Ball be appointed to replace Sally Fishman, that Steven Eiger be appointed to replace Tiffany Lach, and that Emily Harrington be appointed to replace Carol Shannon, all with two-year terms to expire on December 31, 2006. 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. Cemetery Board. It was moved by Commissioner Youngman, seconded by Commissioner Krauss, that Russell Tuckerman be reappointed to the Cemetery Board, with a three-year term to expire on December 31,2007, that Katherine Ball be appointed to replace Todd Jensen, and that Betsy Fordyce be appointed to replace Irv Page, with initial terms to expire on December 31,2007. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Krauss, Commissioner Kirchhoff, Commissioner Hietala, and Mayor Cetraro; those voting No, none. City-County Board of Health. It was moved by Commissioner Krauss, seconded by Commissioner Kirchhoff, that Buck Taylor be reappointed to the City-County Board of Health with a three-year term to expire on January 7, 2008. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner Kirchhoff, Commissioner Hietala, Commissioner Youngman, and Mayor Cetraro; those voting No, none. City Planning Board. Mayor Cetraro announced his appointment of Jane Shaw Stroup to replace Dave Shepard on the City Planning Board, with a term to expire on January 31, 2006. It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that the Commission concur in the Mayor's appointment. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Hietala and Commissioner Krauss. Those voting No being Commissioner Youngman and Commissioner Kirchhoff. Mayor Cetraro abstained from voting. Design Review Board. It was moved by Commissioner Kirchhoff, seconded by Commissioner Youngman, that Melvin Howe be appointed to replace Christopher Livingston as an architect on the Design Review Board, with an initial term to expire on June 30, 2005. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Youngman, and Commissioner Hietala. Those voting No being Commissioner Krauss and Mayor Cetraro. Fire Code Board of Appeals. It was moved by Commissioner Kirchhoff, seconded by Commissioner Krauss, that Robert Lashaway and Robert Quinn be reappointed to the Fire Code Board of Appeals with a three-year term to expire on December 31,2007, and that Mark Schlipf be appointed to replace Larry Barnard, also with a three-year term to expire on December 31,2007. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Krauss, Commissioner Youngman, Commissioner Hietala, and Mayor Cetraro; those voting No, none. Pedestrian/Traffic Safety Committee. It was moved by Commissioner Kirchhoff, seconded by Commissioner Krauss, that Gary Vodehnal be appointed to replace Cynthia Evans on the PedestrianfTraffic Safety Committee, with a two-year term to expire on December 31,2006. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Krauss, Commissioner Youngman, Commissioner Hietala, and Mayor Cetraro; those voting No, none. Senior Citizens' Advisory Board. It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that Louise Mickelsen be reappointed and that Frannie Whelan be appointed to replace Robert Yaw on the Senior Citizens' Advisory Board, with two-year terms to expire on December 31, 2006. 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. 01-18-05 .--...--.-...---.. - 6 - Zoning Commission. It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that Sarah (Guggenheim) Alexander and Ed Musser be reappointed to the Zoning Commission, with two-year terms to expire on January 31,2007, and that Page Lutes be appointed to replace Dave Shephard, with an initial term to expire on January 31, 2006. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Krauss, Commissioner Kirchhoff, and Mayor Cetraro; those voting No being Commissioner Youngman. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1 ) Notes from the meeting held on January 5, including representatives from the City, hockey advocates, and neighbors regarding hockey at Bogert Pavilion. (2) Agenda for the County Commission meeting which was held today at 9:00 a.m. (3) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Wednesday, January 19, at the Professional Building. (4) Agenda 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 Wednesday, January 19, in the Commission Room. (5) Agenda for the Transportation Coordinating Committee meeting to be held at 9:30 a.m. on Wednesday, January 26, in the Commission Room. During his FYI, City Manager Kukulski noted the following: 1) The next two weeks will be extremely important to the City; Thursday is the legislative hearing on the local option tax, and next week is the public hearing on the impact fee bills and mediation with SWMBIA in hopes of resolving that suit. He will be attending all those meetings. 2) Assistant City Manager Brey will not be in the office this week. Commissioner Youngman offered the following FYI items: 1) Tomorrow morning she is attending a meeting with the Democratic legislators from Gallatin County to touch base with them, and she hopes to touch base with the Republication legislators, as well. 2) It was very rewarding to go to the diversity march and rally on Sunday; it was the largest march in Bozeman's history, about 1,500 to 2,000 people. 3) The Peacemaker's Award ceremony was also rewarding. During his FYI, Commissioner Krauss commented on the following: 1) Thanked everyone who attended the diversity rally. 2) He attended the Recreation and Parks Advisory Board meeting last week, with reinstating hockey at Bogert Pavilion being the topic of discussion. Director of Public Service Arkell noted the following during her FYI: 1) She sent out an e-mail last week reporting ideas/devices the City has looked at for mitigating the sound from the hockey at Bogert Pavilion, but none of them have worked. 2) The Montana Department of Transportation has extended their comment period on the proposed traffic signal at South Willson Avenue and West College Street until mid- February. The plan includes a left turn lane on West College Street, which will eliminate some of the parking near that intersection. The MOoT wants to know if they need to come before the Commission for direction because they don't want to install a signal that the Commission doesn't support. Commissioner Kirchhoff suggested gathering preliminary information from MOoT in order to retain harmony with the neighborhood, but to not install a traffic signal so that two corner homes can retain their parking is not weighing the pros and cons very well. He requested that Director of Public Service Arkell supply the Commission with a punch list of the positives and negatives so that the Commissioners will be informed. Commissioner Krauss noted he, too, has received letters and phone calls regarding this issue. His experience has been that the light at the corner of West Olive Street and South Willson Avenue has encouraged a lot of people to use that intersection and made traffic in that area safer and more predictable. Commissioner Youngman added that she has been hearing there is a lot more through traffic on West Olive Street now, which has changed the traffic pattern on that former neighborhood street. 01-18-05 _.._____.u_ .........--- ...-- - 7 - Adiournment - 8:10 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye b 'ng Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hi tal , d Mayor Cetraro; those voting No, none. ATTEST: ~y~ R N L. SULLIVAN Clerk of the Commission PREPARED BY: ~LA~O~ Deputy Clerk of the Commission 01-18-05