HomeMy WebLinkAbout2004-12-06 Minutes, City Commission, SPEC
--~- _u._._
MINUTES OF THE SPECIAL MEETING
OF THE CITY COMMISSION
BOZEMAN, MONTANA
December 6, 2004
*****************************
The Commission of the City of Bozeman met in special work session in the Commission Room,
Municipal Building, on Monday, December 6,2004, at 7:55 p.m. immediately following their regular session.
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 (also serving as Acting Clerk of the
Commission), Planning Director Andy Epple, Acting City Attorney Tim Cooper, Director of Public Safety
Mark Tymrak, Assistant Director of Public Safety - Fire Chuck Winn and Director of Finance Miral Gamradt.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
Sianing of Notice of SDecial Meetina
Each of the Commissioners, in turn, signed the Notice of Special Meeting.
Public Comment
No comment was received under this agenda item.
Work Session. Continued discussion. Goals Settina for 2005
City Manager Kukulski explained that the rankings for the goals were broken into department
responsibilities. He recommended each Director have between 1 and 5 top goals under each department,
with perhaps some secondary goals that staff mayor may not get done. He stressed that if the Commission
does not select a few projects or goals, staff will not have adequate direction to ensure those items
important to the Commission are accomplished.
After discussion, the following was decided:
City Manager Goals
1. Library
1. Legislative agenda
1. Impact fees
1. Economic development
2. Expand working relationship with MSU on a continual basis (Commission can/should
assist)
2. Evaluate the need for a Project Manager
2. Create a parking authority
3. Conduct a citizen survey
3. Cable TV Franchise
Assistant City Manager Goals
1. Pursue EPA grants for utility infrastructure and rehab
1. Watershed management plan
1. North 7th AvenuelWest Main Street tax increment financing (TIF) District
1. Complete Story Mansion Project
1. Complete Big Box Study winter of 2005
12-06-04 work
_____..._._n_.. ..._... __..._.___..._ .... .-.-----..--....... ----- -.....
- 2 -
2. Evaluate City owned property
2. Multi-year funding plan for housing fund
2. Create Neighborhood Councils throughout City
3. Financial strategy for consolidated City office complex
Public Safety Director Goals
1. ISO Analysis Facilities Plan for Fire Station Locations
1. Analysis for Police Department staffing levels and facilities
1. Public Safety Funding
1. Work effectively with Gallatin County on criminal justice plan
Finance Director Goals
1. Develop website
1. Utility Rates and Impact Fees
1. Update the Capital Improvement Program
Public Services Director Goals
1. Reconstruct Babcock 2005
1. Reconstruct Durston 2006
1. Complete infrastructure facilities plans
1. Complete transportation projects that increase interconnectivity
1. Open solid waste transfer station fall 2006
1. Agreement to utilize Logan Landfill
2. Create stormwater district
2. Enhance weed control efforts
2. Determine new shops complex location
2. Complete disc golf course spring 2005
3. Create parks maintenance district
Planning and Community Development Goals
1. Enhance Bozeman's downtown competitiveness as the business, cultural and
service center of Gallatin Valley
1. Complete PROST Fall 2005
1. UDO Revisions completed by summer of 2005
2. Sign Interlocal Planning Agreement with Gallatin County
2. Cooperate with Gallatin County on land use
2. Complete transit plan
3. Commence 5-year review of 2020 Growth Policy
City Manager Kukulski indicated he will revise the list to eliminate the scores and will present it to
the Commission for further discussion at a future meeting.
Discussion - FYI Items
(1 ) Planning Director Epple displayed a revised concept plan for StoneRidge Subdivision, Phase
3, and reminded the Commissioners they had previously reviewed the project informally and requested
major changes. He explained the changes made to the plan and asked the Commissioners if the changes
were enough for them to reconsider the project. A majority of the Commissioners determined not enough
changes were made to the plan presented to consider it further next week, unless additional changes are
made, based on the Commissioners' comments.
12-06-04 work
-.....-----. -.........---.--
- 3 -
(2) Planning Director Epple presented a sketch plan of the Town and Country Grocers proposal
for development at the intersection of Kagy Boulevard and South 3rd Avenue, to update the Commission
on that project.
Adjournment -10:55 p.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 b ng Commissioner Kirchhoff, Commissioner
Hietala, Commissioner Krauss, Commissioner Young n Ma or Cetraro; those voting No, none.
ETRARO, Mayor
ATTEST:
rt~~~
Clerk of the Commission
PREPARED BY:
12-06-04 work
MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
December 6, 2004
*****************************
The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal
Building, on Monday, December 6,2004, 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, Director of Public Service Debbie Arkell (also serving as Acting Clerk of the
Commission), Acting City Attorney Tim Cooper, Director of Public Safety Mark Tymrak and Assistant
Director of Public Safety - Fire Chuck Winn.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
Minutes - November 15. November 22 and November 29.2004
It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the minutes
of the meetings of November 15 and November 29, 2004 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.
Mayor Cetraro deferred action on the minutes of the meeting of November 22, 2004, to a later date.
Consent Items
City Manager Kukulski presented to the Commission the following Consent Items:
Ordinance No. 1623 - establishina initial municiDal zonina desianation of "R-3" on
0.254-acre Darcel. described as Tract 1. Van Horn Subdivision (3324 West
Babcock Street): finally adoDt
ORDINANCE NO. 1623
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
AMENDING THE CITY OF BOZEMAN ZONE MAP BY ESTABLISHING AN INITIAL
MUNICIPAL ZONING DESIGNATION OF "R-3" (RESIDENTIAL MEDIUM DENSITY
DISTRICT) ON 0.275t ACRES SITUATED IN THE SOUTHWEST ONE-QUARTER OF
SECTION 11, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN MONTANA,
lYING ALONG THE SOUTH SIDE OF WEST BABCOCK STREET AND EAST SIDE OF
FOWLER AVENUE.
Ordinance No. 1624 - establishina initial municiDal zonina desianations of "R-4"
(Residential Hiah Density District) on the north 10.887 acres and "R-3"
(Residential Medium Density District) on the south 28.949 acres of Tract B.
Certificate of Survey No. 2389 (3833 Durston Road): finallY adoDt
ORDINANCE NO. 1624
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 "R-4" (RESIDENTIAL HIGH DENSITY
DISTRICT) ON THE NORTH 10.887 ACRES AND "R-3" (RESIDENTIAL MEDIUM
DENSITY DISTRICT) ON THE SOUTH 28.949 ACRES LEGALLY DESCRIBED AS TRACT
B, C.O.S. 2389, lOCATED IN THE SE%, SECTION 4, T2S, R5E, P.M.M., GALLATIN
COUNTY, MONTANA.
12-06-04
_______.."_._.n. .u.". ..,,_
-2-
Authorize City Manaaer to sian - Pedestrian access easement for CaDe-France Minor
Subdivision (SE%. Section 26. T1S. R5E. PMM)
Authorize City Manaaer to sian . Amendment No 1 to the Professional Services
Agreement for the Water Facilitv Plan. Allied Enaineering
Authorize City Manaaer to sian. Public street and utility easement for SDrina Creek
Village Resort. Ravalli Street (Lot 2A. Minor Subdivision No. 338. SDrina Creek
Villaae Resort)
Authorize City Manaaer to sign - Public access and utilitv easement for Sprina Creek
Village Resort (Lot 2A. Minor Subdivision No. 338. SDrina Creek Villaae Resort)
Award bid. one new 2004 or newer utility work machine for Wastewater Treatment
Plant - Strona and Bradlev. Livinaston. Montana - in the bid amount of
$39.900.00
ADDroval of liauor license renewals for 2005
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
(1 ) Don Seifert, 5700 Fowler Road, advised the Commission that his brother-in-law, Richard
Anderson, who has Downs Syndrome, was hit by a vehicle while crossing in the crosswalk on Durston Road
near Legion Villa. He suffered severe injuries, including broken bones, and will be in rehabilitation 3 to 4
months. He stated he has determined the City of Bozeman is largely at fault, because the accident occurred
at 6:00 p.m. in an unlit crosswalk. He stated there are only two street lights on Durston Road between North
11 th and North 15th Avenues, which are not adequate for a four-block area. He asked the Commission to
add street lights now and not wait until the improvements to widen Durston Road are done. He cautioned
that the City may lose another citizen if they wait.
(2) Wren Bade, corner of South 9th Avenue and West Curtiss Street, expressed her support for
allowing ice hockey at the Bogert Park pavilion. She stated she began calling City park staff in October to
get on the Commission's November agenda, and it wasn't scheduled until December; but nobody let her
know of the delay. She added she has tried to get this matter back before the Commission for three years.
Ms. Bade stated the Parks Director, Foreman, and Recreation and Parks Advisory Board Chairman all told
her if the noise could be addressed, they would support the return of hockey at the pavilion, which they
estimated would cost $50,000 for sound proofing. While she sympathizes with the neighbors on the noise,
a few neighbors should not be able to ban the activity. She suggested if hockey times were limited and the
police enforced the times, the neighbors' concerns could be addressed. Ms. Bade stated not all can afford
to play at the Fairgrounds, and no youth pick-up times are available there. She stated Bogert Park used
to be a well used park, but it is now desolate. She stated 100 people signed a petition at the Christmas
Stroll asking to allow hockey at Bogert Park. She added that the Bogert pavilion was constructed with grant
money specifically for hockey use. She submitted the petition with no signatures, and stated she wanted
to make copies of the signatures before she presented the petition. She asked that the Commission
consider having a special meeting on December 10, the day after the Recreation and Parks Advisory Board
considers the issue, because it will be too late then to make ice.
In response to a question from Commissioner Krauss, City Manager Kukulski stated he talked to
the parks staff today and they have already begun to make ice at the pavilion. They indicated to him that
the weather forecast for this week is too warm for ice making, so they likely would not be making ice this
week. If the Commission considers this matter and makes a decision at their December 13 meeting, they
should be able to have the rink ready to skate for the holiday season.
12-06-04
----------- -----------
- 3 -
Commissioner Youngman questioned putting a decision item on a work session, and expressed
concern that members of the public were told the Commission would consider the issue on December 20,
so the public will be confused regarding the date. Commissioner Krauss asked staff to verify if the pavilion
had been constructed with grant money specifically for hockey. The Commission determined time is of the
essence in making this decision, so it will be placed on next week's agenda.
(3) Mayor Cetraro asked about lighting on Durston Road. Director of Public Service Arkell
responded that there is a street lighting district on Durston Road, and that additional street lights could be
installed. She stated the improvements to Durston Road, from North 7th to North 19th Avenue, could
include street lights at the intersections, at a minimum. She indicated she will research the issue and advise
the Commission what the street lighting plans are for the improved street, and if it would be possible to
install a street light at the crosswalk prior to the street improvement project.
Modification of Conditional Use Permit with Certificate of ADDroDriateness for Maaic Diamond Too
to eliminate Condition No. 13 to allow carwash to be constructed in location of two existing mature
willows on east DroDertv line - Gaston Engineering for Bozeman Holdinas. LLC (Town PumD. 2625
West Main Street) (Z-04209)
This was the time and place set for the public hearing on modification of a Conditional Use Permit
with Certificate of Appropriateness for Magic Diamond Too as requested by Gaston Engineering for
Bozeman Holdings, LLC under Application 2-04209, to eliminate Condition No. 13 to allow the carwash to
be constructed in the location of two existing mature willows located on the east property line. The subject
property is located at 2625 West Main Street.
Public hearing
Mayor Cetraro opened the public hearing.
Associate Planner Jami Morris presented the staff report, reviewing the history of the project. She
stated that, during Design Review Board review of this application, the applicant asked that Condition No.
15 also be amended to allow the use of cultured stone rather than requiring the use of only natural stone.
Following its review of this application, the Design Review Board forwarded a recommendation for denial
of the request to eliminate Condition No. 13 and approval of the request to modify Condition No. 15. She
added that, if the Commission finds that removal of the two willows will not adversely impact the entryway
corridor or the residential neighbors, the Planning staff recommends a condition be added that 4 large
canopy trees be planted on the property to replace the mature willows.
Associate Planner Morris noted that the application was made for only the modification of Condition
13, but when the project was considered by the DRB, the applicant brought up the elimination to Condition
No. 15, assuring the DRB that they will have more control over the color of the stone if cultured stone is
used.
Catherine Koenen, Gaston Engineering, representing Bozeman Holdings LLC, distributed a fax from
Shelly Engler, Landscape Architect with Cashman Nursery and Landscaping, describing the condition of
the willow trees. The fax included several color photos of the trees. Ms. Koenen stated the concern of staff
was that the removing the willows would not comply with the design objectives plan for West Main Street,
as the objective is to provide a green edge on Main Street, with some type of boulevard plantings. She
indicated the proposed landscape plan would better meet those objectives than the existing situation does,
as the proposed plan would provide significantly more canopy, ornamental, and evergreen trees and shrubs.
Ms. Koenen stated if the willow trees are required to remain, the car wash cannot be added, and none of
the improvements proposed would happen.
Ms. Koenen stated the other point raised by staff was that the willow trees created a buffer. She
stated the proposed changes do a better job creating a buffer, especially of the residential area, than these
two existing trees do.
No one was present to speak in opposition to, or in favor of, this application.
Since there were no Commissioner objections, Mayor Cetraro closed the public hearing.
12-06-04
-.".-.- .....------.
- 4 -
In response to a question from Commissioner Krauss, Ms. Koenen stated the other trees between
the two willows will be relocated and incorporated into the new landscape plan.
In response to Mayor Cetraro, Planner Morris confirmed that the applicant has indicated if the
willows cannot be moved, they will not do the project.
Decision
Commission Krauss stated the applicant should have raised the issue that they could not keep the
trees and do the project when the Commission considered the original application. He stated he was
uncomfortable reconsidering a project only a few weeks after it was originally approved by the Commission.
Commissioner Youngman stated Town Pump has tried to overbuild this site many times. She noted
that Shelly Engler does not state that the trees are not beneficial. Commissioner Youngman stated these
are the only trees on this street, and it will be a long time before newly planted trees, even 3-inch caliper
trees, will enhance the view of the corridor, because trees grow slowly in Montana, so she is concerned their
removal will diminish the quality of West Main Street, especially since staff and DRB are opposed.
Mayor Cetraro stated he agreed with Commissioner Krauss's statement, but will vote favorably for
the amendments because the final new project will improve the site. He add these two trees don't do
anything to improve the property.
Commissioner Youngman countered that if mature trees have to be removed to develop land, then
the developer is overbuilding the site. She added that the applicant split up the two projects to try to get
around the regulations.
Commissioner Hietala stated he does not think the removal of the trees will result in overbuilding,
because the development would meet the requirements of the regulations, and they're providing more
plantings. He added a 3-inch caliper tree will only take 2-3 years to fill in.
In response to City Manager Kukulski, Associate Planner Morris stated the trees were discussed
in the original staff report for the project. She stated the site plan submitted for the original CUP application
did not show the trees, but staff noted them during a site visit. Thus, the condition to save the trees was
added by staff, and the DRB supported the condition and the Commission adopted that condition. She
stated the applicant planned on removing the trees at the onset of the proposal, but they did not oppose
the condition during DRB or City Commission hearings.
It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the modification
of a Conditional Use Permit with Certificate of Appropriateness for Magic Diamond Too as requested by
Gaston Engineering for Bozeman Holdings, LLC under Application 2-04209, to eliminate Condition No. 13
to allow the carwash to be constructed in the location of two existing mature willows located on the east
property line, be denied. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Steve Kirchhoff, Commissioner Marcia Youngman, Commissioner Jeff Krauss; those voting
No being Commissioner Lee Hietala and Mayor Andrew Cetraro.
Discussion - FYI Items
The following "For Your Information" items were forwarded to the Commission.
(1 ) Memo from Planning Director Epple forwarding a UDO edit review tool to assist the
Commissioners in tracking of the proposed revisions.
(2) Copy of a letter to Harry Kirschenbaum, President of the NorthWest Neighborhood Network,
from City Manager Kukulski responding to the Network's request to continue the public hearing on the West
Babcock Street SID to at least January 10, 2005.
(3) Letter from the Cemetery Board as submitted by Irv Page.
(4) Copy of a letter to the editor from Joyce Nelson regarding the proposed use of her property
at 780 Manley Road.
12-06-04
-------..---".-..,.. _...._.u___._n.__n.____.......__.__.____
.....-.....--...".--..-....- .- .-.-.-..
- 5 -
(5) Letter from Ed Adamson, Bozeman Building Traditions, dated December 1, documenting
the good faith efforts he has made to allow others to purchase the property at 780 Manley Road.
(6) Invitation to attend the open house at Stockman Bank's new facility at 5:30 p.m. on
Thursday, December 16.
(7) Memo forwarding information on the County's open house on its 20-year space/facility plan,
scheduled for 4:00 p.m. on Wednesday, December 8, at the Courthouse.
(8) Agendas for the Zoning Commission meeting to be held at 7:00 p.m. and the City Planning
Board meeting to be held at 7:30 p.m. on Tuesday, December 7, in the Commission Room.
(9) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, December
7, at the Courthouse.
(10) Agenda for the special County Commission meeting to be held at 6:30 p.m. on Tuesday,
December 7, at the Courthouse.
(11 ) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on
Tuesday, December 7, at the Professional Building.
(12) Agenda forthe Design Review Board meeting to be held at 3:30 p.m. on Tuesday, December
7, at the Professional Building.
(13) Agenda for the Community Alcohol Coalition meeting to be held at4:00 p.m. on Wednesday,
December 8, in the Commission Room.
(14) During his FYI, City Manager Kukulski advised the Commission that Deputy Clerk of the
Commission Karen DeLathower was out following knee surgery.
In response to a question from Mayor Cetraro regarding the request from Dick Clotfelter to meet
with each Commissioner individually regarding the Arts at City Center, City Manager Kukulski stated he was
not comfortable with making a decision on the swap of building locations, and suggested Mr. Clotfelter meet
individually with each Commissioner. He suggested as an alternative, the item could be placed on next
week's work session agenda. Commissioners supported that suggestion, to ensure the issue was
discussed at a public meeting.
Mayor Cetraro stated he is being inundated with calls from developers to review projects before they
are officially submitted and he is very uncomfortable with that, as he believes all projects should be
reviewed by the full Commission at a public meeting.
Commissioner Kirchhoff indicated some meetings can be productive between individual
Commissioners and a developer, but Commissioners must disclose the meeting. Because Commissioner
Kirchhoff is the Liaison to the Garage at City Center Board and he is not being advised of these types of
issues, it was determined Commissioner Kirchhoff will contact Mr. Clotfelter to discuss his proposal, and
advise him the City Commission is not receptive to meeting one on one, but will consider the item at a future
work session, if he chooses to do that.
(15) Commissioner Krauss stated he went to a meeting regarding the white supremists, and
invited them to address the Commission during the public comment item on a Commission agenda. The
group suggested a December 15 meeting with the Commission. It was noted a literature drop was made
on Thanksgiving Day on South 3rd Avenue, on the north side of town, and in Belgrade. Commissioner
Krauss stressed the need to repudiate loudly that Bozeman is the state headquarters.
Adiournment - 7:55 p.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 being Commissioner Kirchhoff, Commissioner
Hietala, Commissioner Krauss, Commissioner Youngman, and Mayor Cetraro; those voting No, none.
12-06-04
- ------------ - .-.---..
- 6 -
A RARO, Mayor
ATTEST:
~Jd~
R IN L. SULLIVAN
Clerk of the Commission
PREPARED BY:
~~k\O~
Acting Clerk of the Commission
12-06-04
---