Loading...
HomeMy WebLinkAbout2004-12-13Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA December 13, 2004 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, December 13,2004, 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, Assistant City Manager Ron Brey, Director of Public Service Debbie Arkell, Planning Director Andy Epple, Acting City Attorney Tim Cooper and Clerk of the Commission Robin Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. Sianina of Notice of SDecial Meetina Each Commissioner, in turn, signed the Notice of Special Meeting. Public comment Ms. Stacey Haugland, 508 North 3rd Avenue, addressed the Commission as President of the Gallatin Valley Human Rights Task Force. She voiced concern about the National Alliance, which has moved into the community, and noted that the advice she has received from other communities is that the leaders need to take a strong stance against this type of activity. She noted that last week she circulated a petition asking that the Commission immediately adopt a resolution condemning this activity and confirming diversity, gathering over 700 signatures on that petition. Ms. Kathleen Byrne stated she has taught courses on diversity at MSU, and has lived in some of the most wonderful places as well as some where it was difficult to live. Until now, she has felt Bozeman was a wonderful place; now she is concerned about four of her adopted children, since two are African- American and two have accents. She voiced concern that no reaction is the same as saying this is someone else's problem and asked that the Commission stand up against the racist activity that has been occurring recently. Ms. Aida Murga stated she was born in Guatemala and is now a United States citizen. She noted that Guatemala experiences poverty, violence, gender inequality and oppression, and is an example of how people suffer under those conditions. She read the first three universal human rights, and urged the Commission to go on record that Bozeman expects the highest standards in human rights. Ms. Georgette Cassen stated she is originally from Belgium and is a child of the Holocaust. She urged the Commission to take a firm stand, characterizing the Holocaust and such activities as very scary. Mr. Steve Guggenheim, stated he is a first generation American whose parents, like Ms. Cassen, immigrated in the 1930s. He encouraged the Commissioners to take a strong stand immediately, noting that, while the flyers seem somewhat innocuous, the National Alliance is a racist organization that wants to make North America and Europe all white. He cited the strong leadership taken in Billings and in Casper, Wyoming, to counter hate crimes when they occurred, noting that those organizations seemed to disappear within a few months after the stand was taken. Ms. Ann Tyler, 426 North Tracy Avenue, addressed the Gallatin Forest Travel Plan, noting that the proposal is a step in the right direction, providing a balance in the use of the forest and providing for motorized travel on most of the trails even though 87 percent of trail use is by humans or horses. Mr. Jack Kligerman, 77 Legend Court, noted that many American men and women died in World War II, fighting against the racist superiority promoted by the Germans and Japanese, noting it is important to ensure they did not die in vain. He encouraged the Commissioners to take a stand and to support the principle that all men and women are created equal. 12-13-04 - 2 - Mr. Brian Close, 406 East Olive Street, encouraged the Commissioners to take a position on the racist literature being disseminated, particularly since it is being done in the dark of night. He also noted it is important to let this group know that the people in this community don't believe what they believe. Mr. Ken Pierce, 48 Hitching Post Road, stated he is concerned by this racist group's attempt to recruit in Bozeman and encouraged the Commissioners to take a firm stand before it becomes any better established. Kevin McGuire, local representative for the National Alliance, stated the group is not racist or white supremacist, but is working for those of white decent. He suggested that, if minorities can have their leagues, then whites should be able to have a group working for them. He concluded by stating the Alliance is not motivated by hate, but "by a love of our people and our land." Ryan Flagherty, not a member of the National Alliance, stated he knows many in that organization. He noted that whites represent 8 percent of the world population, which is near extinction. He feels that whites have a right to be represented, and encouraged tolerance for the group. Rev. Klingensmith, St. James Episcopal Church, asked the Commission to celebrate our diversity and our oneness by adopting a resolution. Commissioner Krauss thanked everyone who responded to his invitation to address the Commission. He noted the Commission does not have a resolution on which to act at this time, but voiced his support for placing one on an upcoming agenda. Commissioner Youngman stated she feels it is time to reaffirm a previous Commission declaration of Bozeman as a community of inclusiveness and to embrace free speech. Commissioner Kirchhoff stated he feels the Commission has a strong role in providing a message of unity. He suggested that a meeting scheduled for Wednesday could serve as an opportunity to "rally around the basic principles that inspire a sense of unity and togetherness rather than taking a dim look at any band width in the human spectrum." He stated the literature from the National Alliance does not espouse anything remotely American or humane, and he feels the Commission can provide the venue through which other leaders in the community may be heard. Commissioner Hietala stated he heartily supports celebrating diversity, noting this is a nation of individuals who are "created equal under the eyes of our Maker." Mayor Cetraro thanked those who attended, noting that a resolution will be on the Commission agenda in the near future. Reauest for possible reinstatement of ice hockey at Boaert Pavilion Included in the Commissioners' packets was information from a variety of sources regarding this request for possible reinstatement of ice hockey at the Bogert Pavilion. Superintendent of Facilities and Lands James Goehrung stated the issue before the Commission is whether to re-install the dasher boards at the Bogert Pavilion, in response to a citizen request. He noted that the information in the packet provides background information on skating and hockey at the pavilion. The Superintendent stated that the Recreation and Parks Advisory Board considered this request at their December 9 meeting and, on a vote of 6 to 3, have forwarded a recommendation that the dasher boards not be re-installed, followed by a unanimous vote that, if the hockey boards are re-installed, the noise issues be addressed. Superintendent Goehrung recognized the importance of providing affordable recreational opportunities for the community. He cautioned, however, that there are costs involved with building the ice and ensuring its safety, and there are no monies in this year's budget to cover those costs. Responding to Commissioner Kirchhoff, Superintendent Goehrung stated the Board's discussions revolved around the ice rinks at Beall Park, Bogert Park and Southside Park. He noted that the area at 12-13-04 - 3 - Southside Park has been expanded and a fence installed in anticipation of hockey being played at that skating rink, in an effort to reduce conflicts between those wishing to play hockey and the parents and children who simply want to skate. He recognized that hockey has become an extremely popular sport in Bozeman and, while the Haynes Pavilion provides an extremely important service, additional venues are needed for pick-up hockey games. He noted that the boards have been in storage, and those who play hockey feel the game would be better if those boards were re-installed. He then cautioned that a snow fence could be dangerous, particularly if someone ran into a steel fence post, and snow berms do not provide the necessary buffer to keep pucks in the arena. Responding to Commissioner Krauss, Superintendent Goehrung stated that the pavilion at Bogert Park was constructed in 1975 through the use of Bureau of Outdoor Recreation (BaR) funds. He also noted that a memo dated 1988 references organized hockey play through BAHA for the past four years. Responding to City Manager Kukulski, Superintendent Goehrung noted that, because of the construction of the pavilion, noise from a number of activities is amplified, including music, speakers, skateboards and ice activities. He stated that, because part of the hockey game is to playoff the boards and because older skaters tend to skate more aggressively, a substantial amount of noise is generated in this facility. When the organized hockey play was moved from the Bogert Pavilion to the Haynes Pavilion, the noise issues were alleviated. He suggested that, if hockey is allowed back in the pavilion, steps to mitigate the noise may be necessary. Mr. Brian Close, 406 East Olive Street, noted that when hockey was allowed at the pavilion, the lights were turned off at a specific time; however, players would use their headlights to continue playing. While the noise doesn't bother him very much, he can understand how it might affect others. He noted that the lights currently remain on longer than they should and asked that that issue be addressed. He concluded by stating that he is in favor of keeping hockey out of the pavilion at this time. Mr. Bill Clinton, 216 Lindley Place, stated this is not about the re-introduction of hockey to the Bogert Pavilion; rather, hockey has continued there since BAHA moved to the Fairgrounds. He stressed that he is not opposed to hockey in Bogert Park; rather, the main issue is the noise generated by the activity. He noted that skateboarding and hockey are the only two activities that generate more than 100 decibels of noise. He stated that on September 21, 1998, the Commission considered mitigating year round noise at the pavilion, but no study has taken place to date. He suggested that if the City were to undertake a noise study and implement noise mitigation measures, the dasher boards could be re-introduced and both the hockey players and residents could be happy. Responding to Commissioner Kirchhoff, Mr. Clinton stated that the power players practice at the Bogert Pavilion in the middle of the day. He then noted that the pavilion was designed as a multi-purpose facility, not a hockey facility, and stated it is important to allow for recreational skating, too. Mr. Farwell Smith, 513 South Third Avenue, stated he is sympathetic to those who are bothered by the noise from hockey, but feels that mitigation measures can be implemented. He stated that hockey without boards is not hockey and can be dangerous. He encouraged the Commission to allow the hockey boards to be re-installed at the pavilion, noting that it provides a unique opportunity for people to learn the sport without incurring significant costs. Mr. Rodger Stoltzfus, 619 North Willson Avenue, stated that, based on research and discussions with those who have played hockey, the pavilion was built as an ice skating rink and multi-use facility; however, its measurements are 85 feet by 200 feet, the national standard for a hockey rink. Also, hockey boards were first installed in either 1977 or 1978, and hockey has been continually played in the pavilion since that time. He noted the old boards were in disrepair, so in 1983 he sought Commission approval for a new set of boards and subsequently installed them. He noted that in the early 1980s, 30 to 50 people of all ages played hockey; now there are well over 1,000 participants in the organized hockey programs and many others wish to participate but cannot afford to do so. Mr. Stoltzfus stated that when the hockey program was moved from Bogert Park to the Haynes Pavilion, BAHA gave the boards to him, and he has spent approximately $800 and 200 manhours rebuilding and repairing them. He indicated that he also has an ice resurfacing machine and would volunteer to maintain the ice at the pavilion. 12-13-04 - 4 - Responding to Commissioner Kirchhoff, Mr. Stoltzfus suggested a number of options for noise mitigation, including concrete blankets, straw bales and foam panels. He then stressed the importance of the neighbors being involved in the process of identifying a satisfactory noise mitigation effort. Mr. Darrel Behrent, 208 Lindley Place, stated he loves hockey, but the noise is terrible. He noted that those who want the boards to play hockey are not youth; rather, they are older college students and adults who play in the evenings or at night. He then indicated that the boards don't necessarily contain the pucks and, as a result, he has had to rebuild his chain link fence every year. He noted that in some ways hockey is not a good neighbor in this pavilion due, in part, to the shape of the pavilion. He then encouraged the Commission to ensure that the noise is mitigated, since the noise is definitely objectionable at 9 or 10 p.m. Ms. Lisa Prugh, 404 South 6th Avenue, noted she routinely goes to Southside Park. Her family plays hockey, and her son plays competitive hockey. She encouraged the City to look at the hours that the rinks are open, noting that Southside Park is underutilized after 8:30 p.m. She suggested that additional time for hockey could be provided without negatively impacting family skating times. Ms. Prugh noted that, while she likes hockey, she likes soccer more. She proposed that the Bogert pavilion be used as a covered soccer arena in the winter months, noting that sport would be much quieter than hockey. She characterized soccer as another growing sport in the community, noting there were 90 youth in the soccer program five years ago and there are now 680 youth in it. Mr. Joe Nelson, 600 Coulee Drive, voiced his support for allowing the hockey boards to be re- installed. He noted that drawings of the pavilion suggest it was constructed for hockey and ice skating, particularly since its dimensions are those of an NHL hockey rink with radius corners. He recognized that the Haynes Pavilion and the Valley Ice Garden have served the hockey community well, but their programs are full; and these facilities cannot accommodate the recreational skater or pick-up hockey. He suggested that, until adequate noise mitigation measures can be implemented, pick-up hockey be allowed at the Bogert Pavilion in the daytime and some in the evenings, as well as on weekends. Mr. Jeff Ball, 323 South Wallace Avenue, recognized that noise and other undesirable activities can be down sides of living next to a park. He encouraged the Commissioners to allow the boards to be re- installed at Bogert Park, and offered to assist in flooding the rink to ensure adequate ice and to help alleviate the City's budget shortfall. He also suggested that the Commission create a neighborhood skater interest group to address the noise abatement issue. He noted that mitigating the noise to the north and west could be adequate, since the location of the pavilion alleviates many of the problems to the east and south. He concluded by encouraging the Commission to not allow anything but ice activities in the pavilion in the winter, since it is the only covered ice available to the casual skater. Ms. Greta Deichmann, 226 Lindley Place, stated she has lived at this location for 32 years. She noted that hockey and recreational skating have been occurring in the pavilion since it was constructed and, while she is not opposed to hockey without boards, she is definitely opposed to re-installing the boards. She noted that in 1998, when the decision was made to eliminate the boards, a noise abatement study was to be done but, to the best of her knowledge, that did not occur. She asked the Commissioners to consider the residents in making their decision, and to not allow the boards to be installed again. Ms. Wren Bade, South 9th Avenue and West Curtiss Street, voiced her appreciation for the concerns of the neighbors. She suggested that if the pavilion had been constructed at the other end of the park, where it was originally planned, these noise issues would probably not be arising. She then recognized that, if the boards are re-installed, police enforcement and noise abatement are critical. She stated that hockey without boards it not really hockey, and pick-up hockey is an important community activity. She concluded by stating she has a petition with 1500 signatures concerned about free activities and 100 signatures gathered at Christmas Stroll from people who want the hockey boards re-installed. Ms. Linda Best, 306 Lindley Place, stated she has lived on this street most of her life. She expressed concern about the noise generated in the pavilion both day and night, particularly since she and others work out of their homes. She indicated that she is very opposed to the noise of hockey, noting that the noise within the pavilion is not as great as it is at her home. She concluded by asking that the Commission not approve this request. 12-13-04 ---.....-- - 5- Mr. Fred Nelson, 213 Lindley Place, stated it is obvious that the noise problem is paramount. As a result, he does not believe the boards should be installed until those issues are resolved. Mr. Russ Tuckerman, 43 Gardner Park Drive, urged the Commission to allow the hockey boards to be re-installed. He suggested that, if a few tickets were issued at 9:00 p.m., word would quickly spread that late night noise is not to be tolerated. Mr. Pete Deichmann, 226 Lindley Place, confirmed that the critical issue is the noise, stating he feels that issue needs to be resolved before the boards are installed again. He concluded by noting that enforcement has also been a problem in the past. Superintendent of Facilities and Lands James Goehrung identified hours, noise, lights and enforcement as the key concerns that have been expressed. He then indicated that, if directed by the Commission, he is more than willing to try to address those issues if the boards are to be installed. Commissioner Krauss noted the pavilion was built for hockey, and suggested that hockey supported by volunteers and people independent of the City could be beneficial. He characterized Bogert Park as a sports facility, with its tennis courts, swimming pool and pavilion. He stated that, with the weather to date, this would be an ideal time to install the hockey boards. He stressed, however, that noise mitigation is essential and, if nothing works, he recognizes that a different discussion may need to occur. He indicated that the issues of hours, noise, lights and enforcement need to be dealt with administratively, although he does not believe there should be any hockey after 8:00 p.m. He concluded by stating that he feels staff should be directed to undertake the noise mitigation study promised in 1998 and to work with volunteers and neighbors to ensure that successful mitigation measures are implemented. Commissioner Youngman noted the noise mitigation study was not pursued because the City helped construct an alternative venue for the official hockey program and built a skate park, thus removing the two major activities that generated unacceptable noise levels. She recognized that, since that time, there have been other changes in the community, but the conflict between people legitimately looking for places to play hockey and the residents desiring peace and quiet still exists. She stressed that if the hockey boards are to be allowed, it is imperative that a solution to the noise accompanies that installation. She also noted it is important to know how the noise mitigation measures are to be funded. While she supports working with the hockey volunteers to find a space to play, she cannot support allowing the boards to be re-installed in the Bogert pavilion without adequately addressing the noise issues up front. She concluded by noting that one of the conditions for BAHA to use the Haynes Pavilion was that ice time be provided for figure skating and pick-up hockey at no cost. Commissioner Hietala voiced his support for allowing the hockey boards to be installed at the Bogert Pavilion, stating he feels a viable solution can be reached that does not negatively impact the neighborhood while providing for the betterment of the recreational community. Commissioner Kirchhoff noted that he supported moving hockey from the Bogert Pavilion several years ago. He stated, however, that he is willing to allow the hockey boards to be installed, with the requirement that every possible noise mitigation measure be immediately tried. If those measures, individually or in combination, do not reduce the noise to a satisfactory level, the Commission should reconsider the decision. He concluded by stressing the importance of City staff following through to ensure the result is satisfactory. City Manager Kukulski encouraged the Commissioners to leave the ultimate solutions to the identified issues to the administration. He recognized that, if the noise cannot be adequately addressed, hockey at the Bogert Pavilion will be short lived. He suggested that, when the appropriate noise mitigation measures have been identified, the City can then determine how much of the costs it can fund. He noted that turning off the lights at 8:00 p.m. seems appropriate, although he recognizes that scheduling of ice time and ensuring that hockey players don't run off other skaters is essential. It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the Commission allow the hockey boards to be re-installed for this year, and direct staff to immediately begin work with any volunteers and interested neighbors in identifying solutions to the issues of hours, noise, lights and enforcement that are satisfactory to all parties involved. 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. 12-13-04 - 6 - Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1 ) Copy of Administrative Order No. 2004-06, dated December 3, 2004, adopting the International Energy Conservation Code, 2003 Edition. (2) Copy of a letter from City Manager Kukulski to Clinton Cain indicating the Commission has determined it will not contribute to the study of a regional wastewater treatment system at this time. (3) Copy of a letter from City Manager Kukulski to the County Commission forwarding the Mayor's request that Mike Hope be designated as the County's appointee on the City Planning Board since he now resides outside city limits. (4) Agenda for the Montana Transportation Commission meeting which was held on December 10 in Helena. (5) Agenda for the Community Affordable Housing Board meeting that was held on December 8, along with meeting notes from the meeting held on November 10. (6) Newsletter from Headwaters Recycling announcing the board meeting that was held on December 8 in Three Forks. (7) Notes from the Bozeman Area Bicycle Advisory Board meeting held on November 9. (8) Agenda for the School District No.7 Board of Trustees meeting to be held at 7:00 p.m. on Monday, December 13, at the Willson School. (9) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, December 14, at the Courthouse. (10) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Wednesday, December 15, at the Professional Building. (11 ) Acting City Attorney Tim Cooper noted that he placed some letters in the Commissioners' mailboxes and encouraged them to call if they have any questions. (12) Planning Director Andy Epple stated that staff and the various boards are working through the proposed UDO revisions, and those revisions will be brought to the Commission as recommendations are developed. He noted that, during the staff retreat last week, notes about the transfer of development rights program were prepared and are available if the Commission wishes to see them. (13) Director of Public Service Debbie Arkell reported that Street Superintendent John VanDelinder has developed a snow and ice maintenance plan to help respond to citizen questions. She then noted that, beginning in October 2004, the City will begin receiving $1.2 million in urban funds rather than the $500,000 it currently receives. (14) Commissioner Krauss voiced his increasing concern about the County's building projects at the Law and Justice Center and the Fairgrounds, particularly since they are not subject to the City's zoning regulations. He asked if there is any master plan for the development of those sites and if the County plans to meet with the community before undertaking those projects. He noted that many of the questions and issues that the NorthEast Neighborhood Association has raised about the amphitheatre at the Fairgrounds could also be applied to the halfway house proposed at the Law and Justice Center. Acting City Attorney Tim Cooper noted that, even though the County is not subject to the City's zoning regulations, an informational hearing is to be held prior to undertaking construction of the project. Following discussion, the Commissioners agreed that staff should prepare a letter to the County, for the Mayor's signature, expressing the Commission's issues and concerns and voicing an interest in receiving a presentation and discussing upcoming projects. 12-13-04 - ___..n__. ...______..._ --.------. - 7 - Assistant City Manager Ron Brey noted that, while the County is exempt from the City's zoning regulations, it is not exempt from building permits and building code requirements. Adiournment ~ 9:00 p.m. 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 Kirchh ff a Mayor Cetraro; those voting No, none. - ATTEST: ~07'~ ROBIN L. SULLIVAN Clerk of the Commission 12-13~O4 .. ____. ._________.._._.____.u___.__._._____.