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HomeMy WebLinkAbout2004-08-16 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA August 16, 2004 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, August 16, 2004, at 7:00 pm. Present were Mayor Andrew Cetraro, Commissioner Jeff Krauss, Commissioner Marcia Youngman, Commissioner Steve Kirchhoff, Commissioner Lee Hietala, Acting City Manager Ron Brey, 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. May 3. May 24. June 7 and Auaust 9. 2004 It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the minutes of the meeting of August 9, 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 meetings of May 3, May 24, and June 7,2004 to a later date. Consent Items Acting City Manager Brey presented to the Commission the following Consent Items. Ordinance No. 1619. Drovidina for adoDtion of the current edition of the Uniform Fire Code bY administrative order: finally adoDt ORDINANCE NO. 1619 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY AMENDING SECTION 15.36.010, PROVIDING FOR THE ADOPTION OF THE CURRENT EDITION OF THE UNIFORM FIRE CODE AND PROVISIONS CONSISTENT WITH THAT CODE; PROVIDING FOR ADOPTION OF FUTURE EDITIONS BY ADMINISTRATIVE ORDER OF THE CITY MANAGER; AND AMENDING THE PENALTY PROVISION. Acknowledae receiDt of staff reDort . annexation of 0.56 acres described as the easternmost edae of COS No. 1393A. Iyina in Section 24. T2S. R5E. MPM (alona east edae of 2311 South 7th Avenue) - CFT. Limited (A-04010) Commission Resolution No. 3707 - intent to annex 0.56 acres described as the easternmost edae of COS No. 1393A. Iyina in Section 24. T2S. R5E. MPM (alona east edae of 2311 South 7th Avenue): set Dublic hearina for SeDtember 20.2004 COMMISSION RESOLUTION NO. 3707 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABIT ANTS THEREOF AND THE OWNERS OF A TRACT 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. 08-16-04 ..........--- - 2 - Commission Resolution No. 3708 -Iewina and assessina street maintenance district assessments for Fiscal Year 2004-2005: provisionallv adopt and set public hearina for September 7.2004 COMMISSION RESOLUTION NO. 3708 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL YEAR 2005 UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST AND EXPENSE INCURRED IN THE CITY-WIDE STREET MAINTENANCE DISTRICT IN THE CITY OF BOZEMAN AND TO EXTEND THE BOUNDARIES OF SAID DISTRICT TO ENCOMPASS ANNEXED PROPERTIES. Commission Resolution No. 3709 - lewina and assessina tree maintenance district assessments for Fiscal Year 2004-2005: provisionallv adopt and set public hearina for September 7.2004 COMMISSION RESOLUTION NO. 3709 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL YEAR 2005 UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST AND EXPENSE INCURRED IN THE CITY-WIDE TREE MAINTENANCE DISTRICT IN THE CITY OF BOZEMAN AND TO EXTEND THE BOUNDARIES OF SAID DISTRICT TO ENCOMPASS ANNEXED PROPERTIES. Commission Resolution No. 3710 - intent to increase water rates bv 5 percent: set public hearina for September 20. 2004 COMMISSION RESOLUTION NO. 3710 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ORDERING A PUBLIC HEARING BE HELD ON A PROPOSED FIVE PERCENT (5.0%) INCREASE IN THE WATER RATE CHARGED TO CUSTOMERS OF THE MUNICIPAL WATER SYSTEM, REVISING THE WATER CONSUMPTION INCLUDED IN THE BASE RATE, IMPLEMENTING AN INCENTIVE FOR USE OF THE ACH PAYMENT OPTION, AND IMPLEMENTING A LATE FEE CHARGE. Commission Resolution No. 3711 - intent to decrease sewer rates bv 20 percent: set public hearing for September 20. 2004 COMMISSION RESOLUTION NO. 3711 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ORDERING A PUBLIC HEARING BE HELD ON A PROPOSED TWENTY PERCENT (20.0%) REDUCTION IN THE WASTEWATER (SEWER) TOTAL RATE CHARGED TO CUSTOMERS OF THE MUNICIPAL WASTEWATER (SEWER) SYSTEM. Commission Resolution No. 3714 - vacating and abandonina a 16-foot-wide by 150- foot-Iona portion of North Ida Avenue Ivina between Lot 15. Block I. Rouse's Addition. and Lot 1. Block 32. Northern Pacific Addition (Ivina between East Lamme Street and allev to the south) COMMISSION RESOLUTION NO. 3714 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, VACATING AND ABANDONING THAT 16-FOOT-WIDE BY 150-FOOT-LONG PORTION OF NORTH IDA AVENUE LYING BETWEEN LOT 15, BLOCK I, ROUSE'S ADDITION, AND LOT 1, BLOCK 32, NORTHERN PACIFIC ADDITION, AND MORE PARTICULARLY LYING BETWEEN THE SOUTH RIGHT-OF-WAY LINE OF EAST LAMME STREET AND THE 08-16-04 __...._.._.u. ____..._... ___...__ - 3 - NORTH RIGHT-OF-WAY LINE OF THE EAST/WEST ALLEY TO THE SOUTH, IN THE CITY OF BOZEMAN, MONTANA. Acknowledae receipt of application for annexation - 85.3463 acres described as Tract 1-A. Tract 3-A and Tract 4-A. COS No. 2153:Tract A. COS No. 939. and Tracts 1 and 3. COS No. 1723 (Mandeville Farm) - City of Bozeman: refer to staff Buildina Inspection Division report for Julv 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 No public comment was received under this agenda item. Commission Resolution No. 3712 - appropriation resolution for Fiscal Year 2004-2005 Included in the Commissioners' packets was a copy of Commission Resolution No. 3712, entitled: COMMISSION RESOLUTION NO. 3712 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROPRIATING FUNDS FOR VARIOUS BUDGET UNITS, AND FURTHER ESTIMATING REVENUE NECESSARY TO OPERATE AND MAINTAIN SERVICES OF MUNICIPAL GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30, 2005. Acting City Manager Brey reviewed the items that were re-included in the budget because of the increased mill valuation. Those items include $50,000 for Parks Department matching funds, 3.9 percent pay raise for City Commissioners, $5,000 for Galavan, and $25,000 for a backup generator for the Stiff Professional Building. David Kack, 7007 Jackson Creek Road, thanked the Commissioners for their support of Galavan. There has been a nine percent increase in ridership this past year, and insurance and fuel costs have risen dramatically during the past year. Galavan hopes to increase non-governmental sources of funding in the future. Commissioner Kirchhoff noted this is the second budget amendment for Galavan, and asked if it would make more sense to increase the amount that is initially budgeted for Galavan. Mr. Kack noted their insurance has tripled in the past two years, and fuel costs have also risen. They are hoping these costs have leveled off now, particularly the insurance premiums. He agreed that perhaps Galavan should ask for an additional half or full mill increase in the future to sustain them for the next three to five years. He reiterated they are looking for additional non-governmental sources of funding so they don't have to come to the taxpayers all the time for funding. Mayor Cetraro agreed that the items that were re-included in the budget are worthwhile, but he is not necessarily in favor of increasing the Commission's salaries. It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that Commission Resolution No. 3712, the appropriation resolution for Fiscal Year 2004-2005, be adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, and Commissioner Youngman; those voting No, Mayor Cetraro. 08-16-04 - 4 - . Commission Resolution No. 3713 - milllew resolution for Fiscal Year 2004-2005 Included in the Commissioners' packets was a copy of Commission Resolution No. 3713, entitled: COMMISSION RESOLUTION NO. 3713 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING AND AFFIXING THE NUMBER OF MillS TO BE CHARGED AGAINST THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY SITUATED WITHIN THE CORPORATE JURISDICTIONAL BOUNDARIES OF THE CITY FOR FISCAL YEAR 2004- 2005. Acting City Manager Brey reminded the Commission they are adopting the millage to cover the costs of the City budget. It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that Commission Resolution No. 3713, the mill levy resolution for Fiscal Year 2004-2005, be adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner Youngman, and Commissioner Kirchhoff; those voting No being Commissioner Hietala and Mayor Cetraro. Authorize Actina City Manager to sian - (a) Purchase Aareement between City and SteDhen P. McGouah for 32%-foot-wide by 144-foot-lona striD alona north side of West Babcock Street adiacent to 2813 West Babcock Street and attendant documents Included in the Commissioners' packets was a memo from Staff Attorney Day-Moore, dated August 11,2004, forwarding the Purchase Agreement between the City and Stephen P. McGough and the attendant Warranty Deed for a 32~-foot-wide by approximately 144-foot-long strip along north side of West Babcock Street adjacent to 2813 West Babcock Street (Parcel No.3) and the Temporary Access Easement and Agreement for a 15-foot-wide strip along north side of West Babcock Street adjacent to 2813 West Babcock Street. Staff Attorney Day-Moore presented the purchase agreement, noting this is one of the four remaining properties to come before the Commission; the other three will be coming forward at a later date. It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that Acting City Manager Brey be authorized to sign the Purchase Agreement between the City and Stephen P. McGough, Acceptance of the Warranty Deed for a 32~-foot-wide by approximately 144-foot-long strip along north side of West Babcock Street adjacent to 2813 West Babcock Street (Parcel No.3), and Acceptance of the Temporary Access Easement and Agreement for a 15-foot-wide strip along north side of West Babcock Street adjacent to 2813 West Babcock Street. 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. Review of aDDlication for loan from CDBG Economic DeveloDment Revolvina Loan Fund - Zearth.com Included in the Commissioners' packets was a memo from Mark Evans, Executive Director of the Gallatin Development Corporation, forwarding the application from Zearth.com for a loan from the Community Development Block Grant Economic Development Revolving Loan Fund, along with the CDBG Economic Development Loan Review Committee's recommendation. Tracey Jette, Gallatin Development Corporation, presented this application, saying this loan will be used for working capital for the expansion of the business. Second mortgages on three private properties will be used as collateral. The CDBG Economic Development Loan Review Committee recommends a $150,000 loan, at five percent interest, for a period of five years. McKinnon Baxter, president of Zearth.com, stated this business is very similar to Amazon.com in concept, and their ambition is to become a company of that size. They expect revenues to be between $8 08-16-04 .._....________..._n - 5 - and $10 million this year. Personnel is the largest investment at this time; and they plan to increase the staff by adding IT personnel and web designers, as well as purchase e-commerce software. Commissioner Kirchhoff noted the outlines are preliminary, and there are no loan conditions submitted so far. Ms. Jette replied that the language contained in the letter that was included in the Commission packets is what the committee has proposed. Commissioner Krauss stated typically CDBG loans are to be used to expand business and hire and train staff. He asked how many people will be hired, how will they be trained, how much will they be paid, and does this loan meet the requirements of the state. Ms. Jette responded four to five new jobs will be created with this funding, the operation of the business will be expanded, and software will be purchased. Committee member Epple added the City has drafted and adopted a set of guidelines for the release of these funds that is different, not as restrictive, as the state's guidelines. This application meets all local guidelines. Commissioner Krauss then asked if there is any collateral. Ms. Jette stated three personal residences that all have value are being used as collateral, and the committee felt comfortable with those liens as collateral. The business does not have a lot of tangible assets, only employees. Tom Olson, Zearth.com, noted there is no extensive cash flow coming in; consumers pay in advance and then the products are paid for. Since there is no collateral, these properties have been offered. There is a specific business plan that covers the rest of this year, with Christmas being their biggest season by far. New products are key in this business, and they want to fill two or three positions in new product development. This is a long-term business operations loan, so they want latitude to distribute some of these funds as they see fit after the new year. They want to be prepared for and adapt to the changing market in the coming year. Commissioner Youngman asked if the company would have any problem providing the Commission with a financial report at the end of the year. Mr. Olson answered they will supply Gallatin Development Corporation with a status report at the end of 60 days; and they will be happy to provide the Commission with a copy of that report, as well. Commissioner Hietala said he would like to see a long-range business plan and would prefer to see a balloon-type payback after Christmas. He, too, requested to review the guidelines. Mr. Olson responded they would be willing to consider several repayment options, but they will have to review those with their accountant. Commissioner Krauss stated he needs a report from the CDBG Economic Loan Review Committee regarding this application. He is unsure of the prudence of approving a working capital loan with capitalization. Ms. Jette noted this is a permanent working capital loan. Thus far the business has been growing off of internal cash and operations, but they need an infusion of money to pay for growth expenditures. A lot of businesses undercapitalize and don't have the ability to sustain sales; this is a way to help them to do that. Mr. Olson added there is also a matching bank loan. Mayor Cetraro suggested the Commission delay action on this item until next week to allow the Commissioners an opportunity to review the company's confidential documents, and to determine how this application meets the guidelines. The Commissioners also need an opportunity to discuss payback options and terms of the loan. It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that consideration of this item be delayed for one week, and staff be directed to provide responses at that time to the issues raised. 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. Reauest for extension of Dreviouslv-aDDroved variance from Section 18.50.060.C. of the Bozeman MuniciDal Code to allow Derimeter fence and storaae of buildina materials to encroach 15 feet into the reauired 15-foot corner side yard setback a lona Pear 5 treet. 0 n Tract 1 . C OS N o. 1 363 - Ponderosa Land. Bill and Rick Oale (Z-01040A) 08-16-04 - 6- Included in the Commissioners' packets was a memo from Planning Director Epple, dated August 11, forwarding the request from Ponderosa Land, LLC, dated August 10, for a three-year extension of the previously-approved variance. Distributed just prior to the meeting was a leUerfrom Paul and Jody Sanford, 413 North Wallace Avenue, dated August 16, forwarding comments on the requested extension. Planning Director Epple presented the history of this variance, stating that when the site plan was approved three years ago for the expansion of the Empire Building Materials storage yard, there were a numberof conditions imposed, including landscaping and fencing requirements. Pear Street is a dedicated public right-of-way, with a 15-foot corner side yard setback, which required landscaping. The Ogles came back with a proposal for a variance to defer the requirement to landscape for three years because Pear Street is an unimproved city street. That three-year deferred period ended this past weekend, and the three- year variance granted has expired. Staff concluded that a new application for variance would be needed to "extend" the current variance. It was also discussed that the three-year time period would provide the City and Ponderosa Land an opportunity to look at a preliminary design and provisions for a public access easement for connecting Oak Street, across Rouse Avenue, with Cedar Street. The alignment for that connector would basically come across the Ponderosa Land property; and in exchange for granting that public easement, the City would consider vacating the Pear Street right-of-way. The Ogles met with former City Manager Johnson to work out the details of that, but those conversations did not yield any results. The Oak Street/Cedar Street connector has some very difficult engineering aspects associated with it. There are no funding sources or immediate plans to make that connection happen at this time. If the Commission decides to not grant another variance, the Ogles will need to move the fence 15 feet back from the property line and install the required landscaping. Commissioner Kirchhoff asked if Pear Street couldn't serve the same function as the proposed connector street. Planning Director Epple responded that was considered; but it would create a more severe turning angle, and a more gradual turn is desired. Also, Pear Street does not line up with Cedar Street. Commissioner Kirchhoff then questioned if the location of Pear Street could be changed, to which Planning Director Epple responded that perhaps Cedar Street could be changed. The property owners are willing to listen to any suggestions and options. Commissioner Kirchhoff inquired if any public safety or welfare issues are associated with this. The Planning Director answered that while it is desirable to get heavy industrial traffic off of North Wallace Avenue, the variance doesn't directly relate to any public health and safety issues. However, traffic on North Wallace Avenue is posing health and safety issues, which has been aggravated by commuters using North Wallace Avenue as a detour from Rouse Avenue. Commissioner Kirchhoff asked if there are any waivers of special improvement districts in this area to help pay for construction. Planning Director Epple answered that there are signed and notarized waivers of right to protest special improvement districts for Wallace Avenue, L Street, Pear Street, and Cedar Street from Ponderosa Land as part of the major site plan. Commissioner Hietala inquired if there is any opportunity to resolve this problem in the next three- year period. Planning Director Epple stated the indication at this time is that Idaho Pole is not moving forward with any development plans; and without their participation, there is not much that will change in the next three years. Idaho Pole has been advised, however, that there will be no further development of that site until the Oak Street connection is made. Commissioner Youngman pointed out that, in her leUer, Ms. Sanford says there is increased activity occurring on the Idaho Pole site. Planning Director Epple noted the site has historically been used for off- loading of building materials and goods and the storing of poles. Staff has not viewed the expansion of this site as an enforcement issue or a change of use. Commissioner Youngman noted that the site plan review for the Ponderosa site did not take into account improvements that normally would be required, like infrastructure improvements. She questioned how that should factor into the discussion of this variance. The Planning Director said staff saw conceptual plans for a new building and wareyard on the Idaho Pole site; but negotiations between Idaho Pole and Ponderosa did not work out, so Ponderosa has been allowed to store their goods on the one-acre site, which has not triggered a site plan review to date. 08-16-04 ------.-----...--.... - 7 - Bill Ogle, 1010 Bear Canyon Road and co-owner of Ponderosa Land, agreed with the Planning Director's comments. He pointed out that during this process of receiving a permit for a major site plan and the following variance, they have fundamentally met all the requirements. The issue of granting a variance for a three-period came up after considerable conversations with former City Manager Johnson. During discussions regarding the realignment of Pear Street, one thing that was not discussed is the high-pressure booster station for Lyman Creek, which is located at the end of Pear Street. Mr. Ogle stated they have always been willing to talk, and they still are. They are requesting the same terms and conditions for this variance as the previous one, and they do not believe requesting another variance is unreasonable. Rick Ogle, 210 East Lincoln Street, clarified they lease a one-acre parcel from Montana Rail Link, not Idaho Pole. The Commissioners have to understand that the train track used to be on East Main Street, and they used to unload their building supplies there. With the lack of any other railroad facilities in this town, which is critical to industry and business, they want to help in any way they can afford to help solve these problems. Right now the solution is so expensive that without everyone playing, it is almost an unsolvable situation. He doesn't believe this situation is going to go away in three years; it will be a long- term process. Mr. Ogle suggested the City look at the turning radiuses at Tamarack Street and other intersections to take the heavy truck load off of North Wallace Avenue. Dan Guggenheim, 418 North Wallace Avenue, noted this variance request is about the 15-foot corner side yard setback; and he agrees with the applicant that there is nothing unreasonable about that. However, there are some neighborhood safety issues that are relevant to this requested variance, which he has outlined in his letter that was sent to the Planning Department. Neither he nor the Ogles are in a position to implement solutions to these issues, but the Commission can act to address some of these problems and help the community. Mr. Guggenheim said it would be appropriate to extend this variance without creating a lot of red tape for the Ponderosa Land Company, while acknowledging there are safety issues associated with this. A huge portion of the building materials that support the record construction occurring in Bozeman come from this site and flow down North Wallace Avenue. Neighborhood residents need to be buffered from the substantial truck traffic that this site generates. Marilyn Boles, 418 North Wallace Avenue, addressed issues similar to those raised by the Ogles and Mr. Guggenheim, noting there is a fence required for the west portion of L Street to contain the litter; and asked why a fence is not also required for the east side of L Street. L Street is inadequate for the amount of truck traffic it handles, as is North Wallace Avenue. While the neighbors realize the Oak Street connector would be expensive, they feel that, in the meantime, it would do a lot to improve business and neighborhood relations if the City would provide a truck route and infrastructure improvements. Karyn Pilskains, 324 North Wallace Avenue, agreed with comments from Mr. Guggenheim and Ms. Boles, requesting that the Commission not extend this variance until a traffic calming measure is implemented on North Wallace Avenue. Mr. Guggenheim has applied for traffic calming measures, but has not yet received acknowledgment that his request has been received or acted upon. They are making this request so their local street, North Wallace Avenue, is kept safe and lumber trucks are kept off. Anthony Tangaro, general manager of Empire Building Materials, noted the Pear Street variance doesn't tie in to the truck traffic issue on Wallace Avenue, while acknowledging that truck traffic on North Wallace Avenue is a problem for the residents, as well as drivers and delivery vehicles. While there is no alternative to Wallace Avenue this summer, alternatives do need to be found because it is a safety issue. While diverting trucks and getting them off of North Wallace Avenue is the ultimate goal, denying this variance does not create an alternative to using North Wallace Avenue. Commissioner Kirchhoff asked Mr. Tangaro which intersection he would improve, as an interim measure to the truck traffic issue on North Wallace Avenue. Mr. Tangaro responded turning on Tamarack Street and Wallace Avenue would be easier; Broadway is a nice wide street, but there is no traffic light there. If the Oak Street interchange could be developed and the trucks could go straight out onto the highway, this situation would disappear. Commissioner Kirchhoff noted the problems of the neighborhood and truck traffic are connected, but are not dependent upon this variance. He would like to see this variance continued; but there does need to be some improvements made to get the truck traffic off of North Wallace Avenue, suggesting that improvement of Tamarack Street may be the first measure. He would like the Commission to come to an agreement as to beneficial changes that can be made and suggested the Commission commit to getting improvements made at the intersection of Tamarack Street and Wallace Avenue to assure the neighbors 08-16-04 ------------- ---- - 8 - that everyone recognizes a change is needed. He will vote in favor of approving this requested variance and providing clear direction for making stfeet improvements in this area. Director of Public Service Arkell noted that when the City started working on truck routes in November of 2003 she met with the Ogles, Mr. Simpson, Mr. Bronken, and other business owners in town to discuss potential truck routes; and the message they made clear was that they need alternatives. Street Superintendent VanderLinder has been looking into making improvements at the intersection of Tamarack and Wallace, but that requires the movement of some very large power lines. With the Rouse Avenue construction project, staff knew the corner of Wallace Avenue and Tamarack Street could not be torn up, so they are looking at undertaking that project next spring or summer. However, that will be the only street improvement undertaken next summer because of its expense. Director of Public Service Arkell suggested a better truck route from the northeast side would be Tamarack Street, across Rouse Avenue, to 7th Avenue. Staff did attempt to make improvements to Wallace Avenue and L Street because of the additional traffic caused by the detour off of Rouse Avenue, but they were stopped from making improvements closer than 100 feet from the railroad tracks. A traffic count will be conducted on North Wallace Avenue as soon as the Rouse Avenue construction project is finished, so staff can bring traffic calming recommendations to the Commission. With the new engineering street design program recently purchased, staff may be able to design the improvements to the Tamarack Street/Wallace Avenue intersection in house. Responding to Commissioners Hietala and Youngman, the Director of Public Service said she has been talking to NorthWestern Energy about the relocation of the large power lines, and the City would be responsible for paying for that relocation. Commissioner Kirchhoff noted that because it is still uncertain what traffic connection will occur in this location in the future, this variance could prohibit or restrict that future link. If this variance has no time attached to it, what will happen to the right of way. Acting City Attorney Cooper responded that this variance was granted because of the uncertainty regarding the continued existence of Pear Street. If there is no corner, there is no need for a corner setback. Commissioner Kirchhoff inquired if there needs to be a timeframe attached to this variance. Acting City Attorney Cooper replied that the applicant will bring back a request to renew this variance, and that can be made a part of that application. Commissioner Youngman said she is willing to renew this variance, but she would like to suggest that the Commission provide direction to staff to condition this variance to require a written progress report similar to what the Director of Public Service provided this evening. It needs to be committed to paper for the public record, indicating what the City is going to do, when, and why. She suggested these items be included in the progress report - what progress is being make on the truck route, traffic calming, the turning radius improvements at Tamarack Street and Wallace Avenue, and the potential of in-house engineering. This was one of the conditions for granting the variance last time, but the Commission never received those regular status reports. Commissioner Krauss noted there are two separate items being discussed; the granting of the variance and transportation issues. He, too, is in favor of granting this variance; but he would like to see it renewable from year to year. He suggested a special improvement district could be created to fix the Tamarack Street/Wallace Avenue intersection. He noted this is an economic development issue; this city needs rail spurs to make it economically attractive. His number one priority, as a Commissioner, is to develop infrastructure to the "brown field". He doesn't believe the city should go back to the kind of heavy traffic there was on North Wallace Avenue when Idaho Pole was fully running. Commissioner Krauss suggested the City needs to create a special improvement district, so the entire street budget isn't blown on improving the corner of Tamarack Street and Wallace Avenue. Commissioner Hietala said he is looking forward to the applicants bringing back a formal request for variance, and he endorses the special improvement district approach to addressing the Tamarack Street/Wallace Avenue intersection. Commissioner Krauss asked ifthe year-to-year variance could be reviewed administratively because it is so narrowly defined. Planning Director Epple stated staff will give that some consideration as the variance application is presented and reviewed by the Commission. 08-16-04 -------------- - 9 - It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that staff be directed to work with the applicants to bring back a formal application for a variance, to be renewed annually, from Section 18.50.060.C. of the Bozeman Municipal Code to allow perimeter fence and storage of building materials to encroach 15 feet into the required 15-foot corner side yard setback along Pear Street; and that staff prepare quarterly reports that include the feasibility of construction of a truck route that includes traffic calming measures, summary of engineering work done regarding the turning radius at the corner of East Tamarack Street and North Wallace Avenue and the design for that intersection, the designs of new street connections to Cedar Street, and a report/analysis of the possibility of creation of a special improvement district for improvements to North Wallace Avenue and East Tamarack Street. 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. Break 8:40 - 8:50 pm Mayor Cetraro declared a break from 8:40 pm until 8:50 pm to allow the presenters of the next agenda item time to set up for their presentation. Presentation of The Garaae at City Center Distributed just prior to the meeting was a memo from Thail Davis, Downtown Bozeman Partnership, dated August 16, forwarding the recommendations from the Downtown Bozeman Improvement District Board (IDB) and the Downtown Business Improvement District Board (BID). Also distributed just prior to the meeting was a letter from Ileana Indreland expressing concerns with the proposal to construct a parking structure that spans Black Avenue. Acting City Manager Brey reminded the Commissioners The Garage at City Center group has made a presentation regarding site options, and they are now here seeking endorsement of a design concept. There will be more public input and Commission reviews before this project enters into the formal City review process. Dick Clotfelter, 20 North Tracy Avenue, noted it took many months to arrive at a signed Memorandum of Understanding between the The Garage at City Center Board and the City. One of the requirements of that memorandum was to do a very public process regarding the design of the parking structure and bring it to the Commission. In April a couple of business people brought in an alternative plan, so seven different options of plans that would fit on this site were reviewed, including examining options as they related to the alternate plan presented by the business group. After reviewing those plans and the costs, The Garage at City Center Board recommended that the new option be strongly considered. This alternate plan was one of those presented at the first public meeting held at the Emerson Cultural Center in July, which was well attended by a diverse group of the general public. Jimmy Pepper, The Garage at City Center Board member, shared the results of the first public meeting, at which at least 75 members of the public were present. A questionnaire was previously distributed regarding the types of structure that would be appropriate to Bozeman, and copies of the two resultant plans can be seen at the Library, Downtown Bozeman Association, Arts at City Center, and City Hall. The next public meeting will be held August 25th at the Emerson Cultural Center. Attendees were asked to express their design preference and give reasons for that preference. The basic site option, Option A, is the configuration they started with, and that structure is limited to the half block between Tracy Avenue and Black Avenue. Initially three decks of parking would be constructed, which would hold 305 cars, with a retail base. To expand the structure to 500 cars would require two additional decks on the Mendenhall Street side and an additional deck on its back side. The expanded option, Option B, would involve the utilization of the city parking lot west of the Carnegie building and would include retail on the west side, with the concert hall corner having a public space with retail on two sides, and the parking structure with retail on Mendenhall Street. The third level would bridge Black Avenue, with retail below. Expansion would be horizontally to the east. Phase one would accommodate 305 cars and would be constructed within the height envelope of the surrounding structures. When the public at the first meeting recorded their preferences, 76 percent preferred the extended option, 16 percent preferred the basic option, and 8 percent had no preference. 08-16-04 -10- Michael Delaney, Delaney and Company, inquired about the width of the alley and the height of the structure above Black Avenue. Mr. Pepper answered the clearance over Black Avenue will be 15 feet, and the alley width will remain the same as it currently is. Mr. Clotfelter said they can move ahead with the design of the original plan, Option A, but they prefer Option B. There are two factors that are very important in that decision; and they are the inclusion of a public space at the concert hall corner because this location is the center of this city, and that intersection will be the critical focus of everything that happens downtown. The second factor is that the height of Option A, when expanded, has bothered some people. The main entrance to the garage will be off of Black Avenue, with another entrance off of Mendenhall Street. There will be no entrance from the east side of Black Avenue, which is part of the plan's efficiency. The height of the structure over Black Avenue is dictated by emergency vehicle and truck traffic, and it would require exceptional lighting. The garage will be set back 30 feet from Mendenhall Street, where it crosses Black Avenue. There will be two-story retail on the east side of Black Avenue, the frontage of Mendenhall Street will be retail, as will the alley frontage on Black Avenue. Mr. Clotfelter said he is here this evening because the Memorandum of Understanding limits the structure to one block, and they are asking for the ability to move ahead with Option B, using the city parking lot west of the Carnegie building. Option B provides a lower profile and a nice potential public space, but improvements to that public space are not in their budget. Their goal is to come up with an architecturally pleasing parking garage and to help make the public space happen, as well. Commissioner Krauss asked if the parking spots in the city parking lot that will be lost will be regained in the parking garage. Mr. Clotfelter noted there are 50 stalls in that lot now, and 305 net parking stalls will be created in phase one of both plans. The costs will be the same, but the efficiency of Option B will be much greater than Option A. Chris Pope, Parking Commission, stated that the Parking Commission supports consideration of Option B, provided net parking is one of the key considerations, the high-quality design they're looking for is maintained, and the Memorandum of Understanding parameters are met. Mr. Delaney said they are in favor of a downtown parking garage but are not in favor of bridging the garage over Black Avenue because it ruins the grid system of the streets and ruins the views. They believe a parking garage is needed and can be designed without bridging Black Avenue, which would be tantamount to death for the downtown. He then presented two pictures; one showing the view north on North Black Avenue from East Main Street as it is now, and the other showing the same view as it would appear if the parking structure bridges North Black Avenue. Ileana Indreland, Delaney and Company, noted they are in favor of anything that is good for the downtown. Their downtown buildings border this area; and they were never notified, as adjoining property owners, of this project. Their concerns are costs, aesthetics, safety (particularly for woman in the nighttime darkness), vehicle exhaust, tree maintenance, access to Main Street, pedestrian flow, and the logistics of providing downtown parking when both lots are under construction at the same time. Ms. Indreland suggested the Commission engage an uninvolved third party to review the long-term impacts of bridging Black Avenue. Thail Davis, Assistant Director of Downtown Bozeman Partnership, pointed out the Downtown Bozeman Improvement District Board supports Option B, as detailed in her letter. Acting City Manager Brey reminded the Commissioners that the way this matter was placed on the agenda calls for a possible motion and vote to select and endorse a design concept. Mr. Clotfelter has noted there are any number of uncertainties regarding whether or not Option B is viable. He is asking for the go-ahead from the Commission as to whether he should proceed with the investigation of that alternative. There are modifications to the Memorandum of Understanding (MoU) that would need to be made if Option B is selected. Mr. Clotfelter added they have an agreement with the City to build a structure as presented; but the public seems interested in pursuing Option B, so they desire a simple modification to the MoU that says The Garage at City Center can utilize the site east of Black Avenue in their exploration of the parking garage. They are not asking to change anything else in the MoU. Once they have started down the road of exploring the viability of Option B, the Commission cannot say they don't want to proceed with that plan. 08-16-04 - 11 - Commissioner Kirchhoff said he would like input regarding the pros and cons of bridging streets from the designers who are present so that can be laid out in front of the Commission before it grants permission to alter the MoU. Mr. Pepper responded that Prugh and Lenon are responsible for the design challenge, and no one is well enough informed tonight to guide the Commission on this issue. Massing models will be available from Prugh and Lenon within a month. Commissioner Hietala questioned if phase two of Option B would be contingent upon receipt of federal funding and City Commission approval. Mr. Clotfelter replied they are not counting on receiving federal funding. There are three cost components; the garage, retail, and off-sites, which are very expensive. The two income components are the tax increment and private funds. They are required to condominimize the retail sites and sell them, which will provide income to help defray the costs. Additionally, there is no requirement to do a second phase. Acting City Manager Brey added that at the time the Performing Arts Center commences construction, the City is obligated to bring the total number of parking spaces to 400. Commissioner Krauss stated he is not prepared to endorse a design concept; but he is willing to vote to leave Option B open, although he is inclined to support Option A because it is more compact. Commissioner Youngman said she is ready to support the endorsement of Option B, but she would like to see specific information regarding exhaust fumes, lighting, and safety. She noted that if the Commission authorizes Mr. Clotfelter to begin researching the feasibility of Option B, they are putting something into motion. Mr. Clotfelter reiterated that if they pursue Option B and find it is feasible, they will not design another garage. Commissioner Krauss stated he does not believe the Commission is conducting a site plan evaluation this evening, which, in essence, it is being asked to do. He is partial to Option A, but he is interested to see what both plans would look like and is willing to grant more time to see what those options could look like. Commissioner Kirchhoff said he is in favor of authorizing this detailed exploration as a commitment to finding out if Option B is feasible. A downtown parking garage satisfies 13 objectives of the Bozeman 2020 Community Plan, and Option B satisfies an additional objective. Mr. Clotfelter stated that if the Commission consents to the exploration of Option B, per the MoU they will need to go through the public review, Development Review Committee, Design Review Board processes and come before the Commission for final approval. Acting City Manager Brey added Mr. Clotfelter needs a firm commitment to move forward and suggested that at a time certain in the very near future this meeting be reconvened in order to bring these questions into clearer focus so the Commission can give Mr. Clotfelter the kind of commitment he is looking for. If the Commission later decides it doesn't want to bridge Black Avenue, it has wasted a lot of money and public process for naught. If Mr. Clotfelter starts down the path of pursuing Option B, it is with the understanding that if all the criteria are met, that is what it is going to be. Commissioner Krauss stated that smacks too much of preliminary site approval for him, which was not advertised; and there is a lot more information that is needed. Commissioner Youngman pointed out the design will have full public review, but the Commission is being asked to provide direction as to which plan is designed. It is not part of the budget to fully design both options; so if the Commission isn't ready to make that decision tonight, it should clearly identify the reasons. Commissioner Krauss responded that Option B requires the use of more valuable downtown real estate than Option A, so endorsing Option A would be preserving a downtown asset. That property could be sold at a future time if the City decided to. Commissioner Kirchhoff stated this is a choice about a bridge, use of more property, and creation of a plaza. Mr. Clotfelter took this plan to the public and the public was overwhelmingly in favor of it, as was the Downtown Bozeman Improvement District Board, and the Parking Commission. The plaza conforms with a lot of Commission and City goals, and a parking lot being turned into a parking structure has already been approved by the Parking Commission. There is no telling what can happen as this process moves along; but at this time Mr. Clotfelter's group has a concept, and they want to determine its feasibility. 08-16-04 _n."_.______".. - 12 - Commissioner Krauss restated that he does not support making a decision on a plan this evening because it is too tentative. He would be willing to support Mr. Clotfelter's continued consideration of Option B, however. He feels the public and downtown groups need more information, as well. Commissioner Youngman suggested another public meeting may be needed to get answers to the Commissioners' questions before they provide more assurances. Commissioner Krauss said he is not certain that it's not more economically feasible to add another story to Option A, rather than bridging Black Avenue. He is not convinced one is cheaper than the other. Mr. Clotfelter responded that they believe, at this point in time, that both projects will fit within the budget. There is a strong preference in the community to not increase the height, but rather build a horizontal addition. Acting City Manager Brey told the Commissioners that a motion is needed that states exactly the Commission's position in order for Mr. Clotfelter to proceed with assurance. Commissioner Kirchhoff noted that Mr. Clotfelter cannot design both options, so a choice must be made. The Commission will not be granting approval of a design at this point. Commissioner Hietala offered the applicant is going to pursue Option B; and if they get to a certain point and decide they can't proceed with Option B, they will have to go back to Option A and expend more funds on that design. He believes the Commission should allow the applicant to consider and pursue Option B, decide if it looks feasible, and at that point, the Commission will approve either Option A or Option B. Commissioner Krauss stated his agreement with that suggestion. Mr. Clotfelter said they do not want to waste their money, so if they get to the point where they find that Option B meets all criteria, then they're going forward with Option B. Commissioner Krauss responded it will be up to the Commission to make those decisions. It was moved by Commissioner Hietala, seconded by Commissioner Krauss, to encourage the applicant to consider Option B when pursuing design considerations. 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. It was then moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, to encourage the applicant to pursue and consider Option B when pursuing design considerations, to determine the feasibility of Option B, and to bring back both Option A and Option B for further Commission consideration. 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. Break 10:20 - 10:25 pm Mayor Cetraro declared a break from 10:20 pm until 1 0:25 pm in accordance with Commission policy. Appointments to (a) Communitv Alcohol Coalition and (b) Historic Preservation Advisory Board Included in the Commissioners' packets was a memo from Deputy Clerk of the Commission DeLathower, dated August 11, forwarding the applications for these boards. Community Alcohol Coalition. It was moved by Commissioner Krauss, seconded by Commissioner Kirchhoff, to appoint Eric Ohs to replace Thomas Luhrsen as the law enforcement representative on the Community Alcohol Coalition, with an initial term to expire on June 30, 2006. 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. Historic Preservation Advisory Board. It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that Hans Figi be appointed to replace Jon Gerster as a neighborhood representative on the Historic Preservation Advisory Board, with an initial term to expire on June 30,2007. 08-16-04 .------- .--.- .-.-..----.--..- .. ..-..--..--.---.. .. .-......-.--...-.-. -13- Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1) Copy of the newspaper advertisement seeking proposed revisions to the Unified Development Ordinance prior to the October 15 deadline. (2) Memo from City Engineer Hixson, dated August 11, providing staff responses to the letter from Morrison-Maierle, dated August 9, regarding the requested SID for improvements to Baxter Lane. (3) Letter from Diana and Lee Lewis, dated August 7, asking that the Fairgrounds not be exempted from the provisions of the noise ordinance. (4) Agenda and revised agenda for the County Commission meeting to be held at 9:00 am on Tuesday, August 17, at the Courthouse. (5) Agenda for the Development Review Committee meeting to be held at 10:00 am on Tuesday, August 17, at the Professional Building. (6) Agendas for the Zoning Commission meeting to be held at 7:00 pm and the City Planning Board meeting to be held at 7:30 pm on Tuesday, August 17, in the Commission Room. Acting City Manager Brey offered the following FYI items: 1) Asked if the Commission would be willing to consider a proposal from individuals interested in developing property on North 19th Avenue to fund infrastructure improvements. If so, it would be ready to come forward next Monday. Commissioner Krauss said it was important to make sure the road improvements necessary to transition the new intersection say "proposed Valley Center roadway", not "existing roadway". 2) The Clerk of the Commission's evaluation will be on next week's agenda, scheduled as a 6:30 executive session. Planning Director Epple presented the following during his FYI: 1) The determination has been made and the code has been drafted such that individuals are not precluded from proposing larger than 75,000 square foot facilities through the planned unit development process. 2) He will be gone next Monday evening. During his FYI, Acting City Attorney Cooper noted: He will be out of the office on Thursday and Friday. Mayor Cetraro offered the following FYI items: 1) A response needs to be written to Ileana Indreland's letter regarding the sale of Soroptomist Park. Acting City Manager Brey responded the City is not ready to solicit appraisals at this time because a similar facility, in close proximity to the current park, would have to be provided if the park is sold. The Grants Administrator was authorized to proceed with the streets cape project, and public response to those improvements has been favorable. The Clerk of the Commission was directed to prepare a response to Ms. Indreland indicating the City is not prepared to sell Soroptomist Park at this time. 2) He has been contacted by the people from the film festival that will be held next month. Director of Public Service Arkell noted they have made application for a public assembly permit and have requested a street closure, red carpet, and fireworks. Adiournment - 10:50 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, Commissioner Youngman, and Mayor Cetraro; those voting No, none. 08-16-04 ATTEST: ~4'~; ) R IN L. SULLIVAN Clerk of the Commission PREPARED BY: i~e~ Deputy Clerk of the Commission 08-16-04 - n. _____n.__..''''._______...._._..,._. ...._....___________._______.__"...___._._