HomeMy WebLinkAbout2004-07-19 Minutes, City Commission
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
July 19, 2004
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The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal
Building, on Monday, July 19,2004, at 7:00 pm. Present were Mayor Andrew Cetraro, Commissioner Jeff
Krauss, Commissioner Marcia Youngman, Commissioner Steve Kirchhoff, 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. Commissioner Lee Hietala was absent.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
Authorize absence of Commissioner Hietala from this meetina
It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the
Commission authorize Commissioner Hietala's absence from this meeting. The motion carried by the
following Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner Youngman,
Commissioner Kirchhoff, and Mayor Cetraro; those voting No, none.
Minutes - ADril26. May 3. May 17. May 24. June 7. June 11 Hales. June 11 Kukulski. June 28. July 6
and JulY 12. 2004
It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the minutes
of the meetings of June 28 and July 6 be approved as submitted. The motion carried by the following Aye
and No vote: those voting Aye being Commissioner Youngman, Commissioner Kirchhoff, Commissioner
Krauss, and Mayor Cetraro; those voting No, none.
It was moved by Commissioner Kirchhoff, seconded by Commissioner Krauss, that the minutes of
the meeting of July 12 be approved as submitted. The motion carried by the following Aye and No vote:
those voting Aye being Commissioner Kirchhoff, Commissioner Krauss, and Mayor Cetraro; those voting
No, none. Commissioner Youngman abstained.
Mayor Cetraro deferred action on the minutes of the meeting of April 26, May 3, May 17, May 24,
June 7, June 11 Hales, and June 11 Kukulski, 2004 to a later date.
Consent Items
Acting City Manager Brey presented to the Commission the following Consent Items.
Authorize Actina City Manaaer to sian - Annexation Aareement with Wilda Wheeler -
0.8206 acres Iyina alona the north side of Durston Road at North 15th Avenue.
aenerally known as 1409 Durston Road
Commission Resolution No. 3700 - annexina 0.8206 acres IYina alona the north side
of Durston Road at North 15th Avenue. aenerally known as 1409 Durston Road
COMMISSION RESOLUTION NO. 3700
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
PROVIDING FOR THE ANNEXATION OF A CERTAIN CONTIGUOUS TRACT OF LAND,
HEREINAFTER DESCRIBED, TO THE CORPORATE LIMITS OF THE CITY OF BOZEMAN
AND THE EXTENSION OF THE BOUNDARIES OF THE CITY OF BOZEMAN SO AS TO
INCLUDE SAID CONTIGUOUS TRACT.
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Ordinance No. 1618 - establishina initial municipal zonina desianation of "R-3".
Residential-Medium-density. on 0.8206 acres Iyina alona the north side of
Durston Road at North 15th Avenue: provisionally adopt and brina back in two
weeks for final adoption
ORDINANCE NO. 1618
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-3" (RESIDENTIAL-MEDIUM-DENSITY
DISTRICT) ON 0.8206 ACRES LOCATED IN THE SW 1f4 OF SECTION 1, T2S, R5E, PMM,
GALLATIN COUNTY, MONTANA.
Commission Resolution No. 3701 - authorize Actina City Manaer to siQn - Chanae
Order No.2 for 2002/2003 Westside Sewer Rehabilitation. EPA Grant Priority
2 - Planned & Enaineered Construction (PEC)' Inc.. Helena. Montana -
decrease contract amount by $42.118.20 and 0 calendar days
COMMISSION RESOLUTION NO. 3701
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
APPROVING ALTERATION/MODIFICATION OF CONTRACT WITH PLANNED &
ENGINEERED CONSTRUCTION, (PEC) INC., HELENA, MONTANA.
Authorize Actina City Manaaer to sian - Amendment No.4 to Professional Services
Aareement for Phase II modifications to the Wastewater Treatment Plant -
Morrison-Maierle. Inc.. Bozeman. Montana
Authorize Actina City Manaaer to sian - Professional Services Aareement for desian
of the transfer station and preliminarv schematic designs for possible City
Shops on Mandeville property - Sprinaer Group Architects. PC
Authorize Actina City Manaaer to sian - Water Pipeline Construction AQreement
between Nash Properties LLC and the City of Bozeman - for Hyalite
transmission main replacement
Authorize Actina City Manaaer to sian - Lease Aareement between Bozeman School
District No. 7 and the City of Bozeman - Room 294. 0 Id Willson School
Buildina
Ratify Actina City Manaaer's sianature on Acceptance of Lift Station Aareement -
Baxter Meadows Development. L.P. - lift station for Baxter Meadows
Subdivision. located approximately 1100 feet west of Davis Lane on the south
side of Cattail Street
Ratify Actina City Manaaer's sianature on Acceptance of Parking Aareement - Baxter
Meadows Development. L.P. - parkina calculations for Phase 2A of Baxter
Meadows Subdivision
Approval of final plat for Walton Homestead Subdivision PUD. Phase II (subdivide
20.9001 acres Iyina alona the east side of North 15th Avenue between Durston
Road and West Oak Street into lots for mixed use development)
Application for Temporarv Beer and Wine License - Bozeman Mountaineers 4x4 Club-
July 24. 2004 - Gallatin County Fairarounds
Claims
It was moved by Commissioner Krauss, seconded by Commissioner Youngman, 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
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being Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff, and Mayor Cetraro; those
voting No, none.
Public comment
No public comment was received under this agenda item.
Presentation re application for 2004-2005 Community Tourism Assessment Proaram Grant - Cynthia
Andrus. Conyention and Visitors' Bureau. Bozeman Area Chamber of Commerce
Ms. Andrus, Director of the Convention and Visitors' Bureau, reviewed the information included in
the Commission packets. The Community Tourism Assessment Program Grant is sponsored by Travel
Montana and the Department of Commerce and began in 1991 to develop tourism in rural communities.
However, it has now been broadened to include more urban communities. Ms. Andrus stated she is here
to ask for a letter of endorsement in support of the program, some help in identifying volunteer projects the
City has worked on in the last several years, and someone from the Commission to sit on the Tourism
Action Committee.
Commissioner Krauss volunteered that, time permitting, he would like to sit on the Tourism Action
Committee.
Commissioner Youngman inquired about a connection with the Community Cultural Council, to
which Ms. Andrus responded they would link together well.
It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the
Commission authorize submittal of a letter of support for the application for the 2004-2005 Community
Tourism Assessment Program grant and participation by a Commissioner to serve on the Tourism Action
Committee. The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Youngman, Commissioner Kirchhoff, Commissioner Krauss, and Mayor Cetraro; those voting No, none.
Public hearina - Certificate of Appropriateness to allow demolition of existina 300-sauare-foot one-
stOry detached rear aaraae and construction of new 594-sauare-foot two-stOry detached rear aaraae
with second floor studio space on Lots 15.16 and 17 plus 6 feet of abandoned riaht-of-way. Block
19. Park Addition. with deviation from Section 18.38.050. Bozeman Municipal Code. to allow new
aaraae to encroach 6 feet into reauired 1 O-foot rear yard setback - Place Architecture for David Larae
and Margaret Wheeler. 721 West Koch Street (Z-04149)
This was the time and place set for the public hearing on the Certificate of Appropriateness
requested by Place Architecture for David Large and Margaret Wheeler under Application No. 2-04149, to
allow demolition of the existing 300-square-foot, one-story detached rear garage and construction of a new
594-square-foot, two-story detached rear garage with second floor studio space on Lots 15, 16 and 17 plus
6 feet of abandoned right-of-way, Block 19, Park Addition, with a deviation from Section 18.38.050 of the
Bozeman Municipal Code to allow the new garage to encroach 6 feet into the required 10-foot rear yard
setback. The subject property is located at 721 West Koch Street.
Mayor Cetraro opened the public hearing.
Historic Preservation Planner Bristor presented the staff report. She reviewed this application,
noting this property is zoned R-2 and is located in the Cooper Park Historic District and the Conservation
Overlay District. Staff has reviewed this application in light of the applicable criteria and recommends
conditional approval. Staff's comprehensive findings can be found in the written staff report. Although
previously slated to be demolished, the garage will be salvaged and moved to another site. The structure's
ridge height is actually 25 feet, rather than the 22 feet described in the staff report. Staff believes the 25-
foot height is still acceptable. A neighborhood meeting was held; and as a result of that meeting, the project
was scaled down from 798 square feet to 594 square feet; from a full two-car garage to a one and a half
car design. Public comment has been received from Robert Campbell and is attached to the staff report.
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A letter of support was received, just prior to the start of the meeting, from RL and Jane Hawks, 703 West
Koch Street.
Don McLaughlin, Place Architecture, summarized his letter to Historic Preservation Planner Bristor.
Prior to completing the design for the new garage, a neighborhood meeting was held by Mr. Large and
Place Architecture. As a result of that meeting, Mr. Large agreed to reduce the garage to a single door, with
significant reductions in the width and depth of the structure. The current garage sits on both the side and
rear setback lines. The new garage will conform to the side setback and will be four feet from the alley rear
setback. The driveway will be patterned and provides for side entry, with a 25-foot backing area. The side
entry driveway configuration allows safe alley access. Mr. McLaughlin noted the owner has tried to make
a significant effort to create something that will be a visual enhancement to the neighborhood and has
compromised with the neighborhood.
Commissioner Krauss inquired as to the height of the original structure. Mr. McLaughlin responded
the original structure is 18 feet tall. The roof pitch of the new garage has been changed so the net effect
will be to lower the eave line along the east property line. On the north side, the sill of the studio window
has been raised so Mr. Large won't look out into the neighbor's yard. The new structure is 12 foot under
the allowable height.
Commissioner Krauss then asked why the studio needs a shower. Mr. McLaughlin stated it is
because Mr. Large is a writer; and when he works, he works for extended periods of time. This studio is
not ever intended to be an apartment.
Robert Campbell, 310 South 8 Avenue, distributed copies of his written testimony and then
summarized it, saying he fully supports the proposal to build a new structure and recycle the existing
garage. The new garage will be an improvement to the neighborhood. He does, however, have three
specific objections to the design as proposed. The first one is the scale of the development, which is out
of proportion with the nearest structure; his residence. Secondly, this proposed garage/studio constitutes
a change of use and should not be considered a replacement of the existing structure. Lastly, the
configuration of the alley forces the activity of this garage/studio to be concentrated at the side and back
of the structure, which is near the main entrance of his residence. He closed by asking the Commission
to deny the requested deviation.
Liese Pessl, 715 West Koch Street, stated she attended the neighborhood meeting and came away
with the sense that the neighbors' concerns were being addressed. However, she is disappointed that the
Ash tree that is growing out from under the edge of the garage will not be saved, as had been requested.
She agreed with Mr. Campbell's comments regarding the scale and historical appropriateness of this
structure. When these homes were built, there was no need for a large garage with a studio apartment
above. She suggested that Mr. Large duplicate Mr. McLaughlin's garage plan, which fits well with the
neighborhood.
Dennis Steinhauer, 404 West Curtiss Street, responded to the neighbors' concern with the scale and
historic significance of the project by saying that originally there was probably a carriage house with a hay
loft constructed on the property, and the size of this structure would be typical of a carriage house with a
steep roof. This is a large home in the Cooper Park area, and the mass of the garage/studio is perfectly
acceptable. Backing out of the garage should not create any alley usage problems, and this design
provides for more off-street parking.
John Wimberly, 715 West Koch Street, voiced his support for the applicants constructing a building
that meets their needs, but he is concerned about its future use as an apartment. He stated he is unsure
about the setback matter.
Historic Preservation Planner Bristor reiterated this is studio space, not an apartment; and there is
no kitchen proposed. There is no requirement to historically imitate what was once on this property.
Commissioner Youngman questioned the adverse impacts on the abutting properties, particularly
those to the north. Historic Preservation Planner Bristor stated this is a T alley, so the long side of the
structure is facing the alley. Staff believes that with the pitch proposed and the lower eave level, this
garage/studio will appear lower than 25 feet in height. Even in comparison with the neighbor to the north,
staff believes this project is still appropriate.
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Commissioner Krauss announced he cannot support this proposal because it seems too subjective.
Additionally, he is unsure how the architect responded to the neighborhood's concerns that the height be
lowered and the structure be narrowed. He questioned if other garages along that alley are 25 feet tall
because a 25-foot structure next to a lot line is troublesome. Historic Preservation Planner Bristor answered
the other two structures on the T alley are 18 feet tall.
Since there were no Commissioner objections, Mayor Cetraro closed the public hearing.
It was moved by Commissioner Kirchhoff, seconded by Commissioner Youngman, that the
Certificate of Appropriateness requested by Place Architecture for David Large and Margaret Wheeler under
Application No. Z-04149, to allow demotion of the existing 300-square-foot, one-story detached rear garage
and construction of a new 594-square-foot, two-story detached rear garage with second floor studio space
on Lots 15, 16 and 17 plus 6 feet of abandoned right-of-way, Block 19, Park Addition, with a deviation from
Section 18.38.050 of the Bozeman Municipal Code to allow the new garage to encroach 6 feet into the
required 10-foot rear yard setback, be approved subject to the following conditions:
1. The driveway dimension shall provide 26 feet of backing way from the garage
entrance.
2. The applicant shall obtain a building permit and pay all required fees prior to
construction and within one year of Certificate of Appropriateness approval, or this
approval shall become null and void.
3. This project shall be constructed as approved and conditioned in the Certificate of
Appropriateness with deviations application. Any modifications to the submitted and
approved drawings shall invalidate the project's approval unless the applicant
submits the proposed modifications for review and approval by the Department of
Planning prior to undertaking said modifications, as required by Section 18.64.110
of the Bozeman Unified Development Ordinance.
4. All code provisions shall be met, the fOllowing provisions in particular:
. Per Section 18.42.130, "Fences, Walls and Hedges," all new fences
must conform to code requirements.
. Per Section 18.42.150, "Lighting," all new lighting must conform to
code requirements.
. Per Section 18.44.100, "Street Vision Triangle," single-stem canopy
trees are discouraged but may be permitted in street vision triangles,
provided that mature trees do not significantly affect safe driving
conditions and are maintained such that no canopy foliage exists
below a height of 10 feet above the centerline of intersecting streets.
. Per Section 18.46.020.F., "Surfacing," all areas intended to be
utilized for permanent parking spaces and driveway shall be paved
with concrete or asphaltic concrete, or approved pavers, to control
dust and drainage.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff,
Commissioner Youngman, and Mayor Cetraro; those voting No being Commissioner Krauss.
Public hearina - amendment to final Planned Unit Development for Sundance Sprinas - relaxation
of approximatelv 5% feet from the rear yard setback as oriainally established with the Sundance
Sprinas PUD for Lot 90. Sundance Sprinas Subdivision - C&H Enaineerina for Steve Parks. 4010 Graf
Street (Z-04128)
This was the time and place set for the pUblic hearing on the amendment to the final Planned Unit
Development for Sundance Springs, as requested by C&H Engineering for Steve Parks under Application
No. Z-04128, for a relaxation of approximately 51f2 feet from the rear yard setback as originally established
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with the Sundance Springs PUD for Lot 90, Sundance Springs Subdivision. The subject property is located
at 4010 Graf Street.
Mayor Cetraro opened the public hearing.
Associate Planner Saunders presented the staff report. He noted this application is amending the
planned unit development, which is also a conditional use permit. The requested amendment is affecting
only one lot out of the entire development and is being requested due to an error made during the
construction process. Staff has looked at this project and believes the cure would be excessive compared
with the harm of the encroachment. Therefore, staff suggested this approach, which would resolve the
problem of non-conformity. Staff has reviewed this application in light of the applicable criteria and
recommends conditional approval. Staff's comprehensive findings can be found in the written staff report.
The Sundance Springs Residential Homeowners Association Board of Directors has reviewed the planned
unit development amendment and have given their approval, as stated in their letter of July 19th.
Commissioner Youngman noted there are no specific landscaping requirements included in the
conditions of approval, just that the additional landscaping shall conform with the originally approved
planned unit development. The homeowners of Sundance Springs seem to be minimally adhering to the
letter of the conditional approval, with no adherence to the intent of the landscaping requirement. Most of
the homeowners seem to be planting m eadowgrass and mowing it to create m ore I awn, which isn't
achieving the purpose of the planned unit development and wasn't what was intended by the Commission.
There should be genuine landscaping beyond the grass abutting the open space; there needs to be native
vegetation planted.
Associate Planner Saunders noted the Commission can attach a condition that a defined amount
of landscaping must be done and where it needs to be done; but he cautioned against trying to solve all the
landscaping problems of the subdivision with this one applicant. Part of the mitigation language is that the
applicants are compensating the Sundance Springs Owners Association to mitigate the effects of the
encroachment, and that compensation is to be used for landscaping on lots 89 and 91 and the open space
to the rear of lot 90. The landscaping will need to conform with the conditions of the planned unit
development. Based 0 n the 0 rientation and proximity 0 f the buildings, staff feels there is no visible
difference between this home and those adjacent to it.
Mark Chandler, C & H Engineering, stated he wishes they could turn back the clock and correct this
situation, which would be ideal. Fortunately, there are no residences located behind this one that would be
impacted by this. This error was totally accidental and resulted from a drafting error prior to the staking of
the foundation of the house.
Commissioner Youngman asked if the property owners would be agreeable to planting native
vegetation that is taller than grass to soften the effect of the porch from the common open space. She
stated she would like to add a condition that comes closer to the original spirit of the planned unit
development and would mitigate the effect of this mistake.
Steve Parks, applicant, noted the house is sold; and the new buyers are working on a landscaping
plan, with native grass in the back yard. That plan must be submitted to the Sundance Springs Architectural
Board for approval.
Commissioner Youngman stated native bushes need to be massed to provide buffering for the
common open space. Mr. Parks responded he could plant bushes on this property, but that could not be
imposed on the new buyers. A lot of money is being paid to the homeowners association, which should go
toward landscaping. Mr. Parks stated he could plant a few bushes in the rear if he has to, but he would
prefer the new owners do that to tie in with their landscaping ideas.
Commissioner Krauss asked if the issue is that this is non-conforming and, thus, the title is clouded.
Associate Planner Saunders responded staff has tried to find another way to resolve this title issue, rather
than a court-ordered remedy, to ensure that if someone calls at a later date regarding this encroachment,
the matter will be resolved.
Commissioner Krauss then asked what the outcome would be if two of the Commissioners voted
no on this amendment. Associate Planner Saunders stated either staff would have to turn a blind eye to
this encroachment or commence enforcement actions.
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Commissioner Krauss noted the applicants have settled with the homeowners association and the
adjacent landowners and asked what the City's interest in this is other than enforcing the regulations.
Associate Planner Saunders answered enforcement is the primary issue for the City; the Commission took
action based on reliance that certain standards would be met, which, in this circumstance, are no longer
being met. The other alternative would be to ask for a variance, but there are several major challenges with
doing so.
Commissioner Youngman stated she is annoyed and bothered that Sundance Springs homeowners
have been ignoring the Commission conditions for approval of that development. There should be native
bushes included in the rear landscaping of these homes. There is only grass, which doesn't blend with the
native grasses for the look the Commission wanted for this very expensive parkland. A lot of buffering is
being lost, and she feels the homeowners need to live up to what was supposed to be happening in this
development. Commissioner Youngman suggested a condition for approval of the amendment that would
require some buffering of the common open space by the planting of native bushes or trees across the back
of the property and includes a specific number, so that one token bush isn't planted. Associate Planner
Saunders suggested specifying a percentage of coverage; and let the homeowners choose whatever
combination they like in whatever location, which allows them flexibility while addressing the Commission's
concerns.
Commissioner Kirchhoff stated he will not vote in favor of this amendment if other conditions are
added by the Commission because there have already been cures applied, although he sympathizes with
protecting the trail corridor, which is important to the community. He suggested the Commission meet with
the Sundance Springs Homeowners Association regarding the landscaping in the entire development and
encourage the homeowners to live up to the explicit, well-defined, landscaping condition.
Commissioner Youngman stated she likes the idea of a comprehensive approach and suggested
talking to the homeowners association when the park master plan is ready for review. She noted this is the
only property that has made a mistake; and it has more effect on the viewshed and trail corridor, so she
believes it is acceptable to ask them to do some proper landscaping. Commissioner Youngman stated she
doesn't believe everyone else will suddenly plant bushes just because these property owners do it, but it
will act as a buffer.
Acting City Manager Brey said he doesn't believe the Commission has the option to ignore this
encroachment, which only leaves one option, if the Commission cannot reach a consensus.
Mr. Chandler asked to have the area of remedy defined. Planning Director Epple responded it would
be the entire width of the back yard.
Commissioner Youngman pointed out the original condition allows one-third of the back yard to be
in grass. Perhaps the applicant can suggest something more acceptable for the Commission to entertain.
Mr. Chandler asked if the shrubs are to be planted in a line or staggered. Planning Director Epple
replied that if the landscaping plan is subject to Planning Department approval, they will work with the
applicant on a staggered, natural planting.
No one was present to speak in opposition of this amendment.
Since there were no Commissioner objections, Mayor Cetraro closed the public hearing.
It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the
amendment to the final Planned Unit Development for Sundance Springs, as requested by C&H Engineering
for Steve Parks under Application No. Z-04128, for a relaxation of approximately 5~ feet from the rear yard
setback as originally established with the Sundance Springs PUD for Lot 90, Sundance Springs Subdivision,
be approved subject to the following conditions:
1. Any additional landscaping within the common open areas of the PUD shall conform
with the originally approved landscaping plan for the Sundance Springs PUD.
2. The covenants shall be modified to reflect the reduced setback allowed for Lot 90.
The changes in wording shall only apply to Lot 90.
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3. The right to a Conditional Use Permit shall be contingent upon the fulfillment of all
general and special conditions imposed by the Conditional Use Permit procedure.
4. All of the special conditions shall constitute restrictions running with the land use,
shall apply and be adhered to by the owner of the land, successors or assigns, shall
be binding upon the owner of the land, his/her successors or assigns, shall be
consented to in writing, and shall be recorded as such with the Gallatin County Clerk
and Recorder's Office by the property owner prior to the issuance of any building
permits or final site plan approval.
5. In order to mitigate the appearance of the encroaching structure on the common
open space, 40 percent of the area between the back of the home and the eastern
property line shall be planted with a variety of native trees and/or shrubs. Species
selection is at the discretion of the applicant but must be consistent with the
requirements of the Sundance Springs covenants. The landscape design is subject
to review and approval by Planning staff prior to final approval of the requested
modification.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman,
Commissioner Kirchhoff, Commissioner Krauss, and Mayor Cetraro; those voting No, none.
Discussion - settina of fees for waivers to the provisions of Ordinance No. 1616. amendina and
addina alcohol policies to the Bozeman Municipal Code
Distributed just prior to the meeting was a copy of Commission Resolution No. 3235, establishing
the fees for parades and public assemblies, to be used as a template for the setting of fees for waiver of
the provisions of the recently-adopted alcohol policies.
Acting City Manager Brey reminded the Commission the effective date of Ordinance No. 1616 will
be August 11 th, with Music on Main being held on August 12th; so it is anticipated they will be applying for
a waiver. Therefore, it is important to have a resolution establishing whatever fees the Commission desires
in place before the Music on Main folks apply for their waiver.
Staff Attorney Wordal stated she needs direction from the Commission as to what type of resolution
it would like to have brought back, charging fees it feels is appropriate, and directing how street closures
are to be dealt with. She stated she plans to use Commission Resolution No. 3235 as a roadmap and
needs Commission input on application fees and any other fees the Commission feels would be appropriate.
Currently the City is charging a $20 filing fee for upwards of 100 people for park waivers, plus an additional
$25 for each 100 people after that, for city residents. Out-of-city residents are charged $25 and $30,
respectively. The fee for street closures is $100.
Commissioner Kirchhoff asked what the fee covers. Staff Attorney Wordal responded it covers the
cost of processing the paperwork, like the parade and public assembly fees do now. Commissioner
Kirchhoff asked if the fees do cover the costs, and Ms. Wordal answered she believes they do.
Acting City Manager Brey stated the City, at this point, is trying to get the program up and running;
and then staff will evaluate if the fees need to be adjusted.
Commissioner Kirchhoff asked why there is a difference between city and non-city resident fees.
Staff Attorney Wordal responded she believes it is because city parks are maintained out of the general
fund; and it was determined that if non-resident users of general fund programs can be identified, it would
be equitable to assess an additional charge.
Commissioner Krauss asked if street closures require overtime, to which Director of Public Service
Arkell answered they do, including overtime paid to police officers. She calculated the costs of parade
closures a couple of years ago and found it costs between $700 and $1,400.
Mayor Cetraro stated his agreement with Acting City Manager Brey's suggestion to set the fees low
for now and then reevaluate the costs in the future.
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Staff Attorney Wordal reminded the Commissioners this fee structure will apply to alcohol waivers
only.
The Commission unanimously directed staff to bring back a resolution establishing fees for waivers
to the provisions of Ordinance No. 1616.
Discussion - FYI Items
The following "For Your Information" items were forwarded to the Commission.
(1 ) Letterfrom Eric Vinje, Planet Natural, dated July 13, expressing concern about the continued
closure of North Rouse Avenue, and the negative impact it has had on his business this summer.
(2) Copy of a letter from Hugh Reid, Reid Family Partnership, to the Gallatin County
Commissioners, dated July 13, regarding the new bridge and proposed reconstruction of Ice Pond Road.
(3) Letter from Rebecca Adams, 2503 Rose Street, dated June 30, requesting that the parking
needs of employees in the downtown area be accommodated.
(4) Letter from the Local Government Center, dated June 30, identifying the steps for seating
of the local government study commission and announcing a workshop for study commissioners scheduled
for December 16 and 17.
(5) Notice of the joint meeting with the County Commission, scheduled for 7:00 am on
Wednesday, July 21, at the Courthouse.
(6) Letter from Alec Hansen, Executive Director of the Montana League of Cities and Towns,
announcing the District 10 meeting scheduled for 2:00 pm on Friday, July 23, in the Commission Room.
(7) Letter from the Montana Department of Environmental Quality, dated July 14, announcing
meetings set for July 20 and 21 regarding comprehensive performance evaluation of the wastewater
treatment facilities.
(8) Memo from Deputy Clerk of the Commission DeLathower, dated July 19, requesting
clarification on appointments to various boards.
(9) Notes from a telephone call that the Mayor received from Hazel Guthrie requesting that the
gates be opened to allow parking on the lawn for municipal band concerts.
(10) Meeting notes from the Community Alcohol Coalition meeting held on June 9, 2004.
(11 ) Agenda for the County Commission meeting to be held at 9:00 am on Tuesday, July 20, at
the Courthouse.
(12) Agenda for the Development Review Committee meeting to be held at 10:00 am on
Tuesday, July 20, at the Professional Building.
(13) Agendas for the Zoning Commission meeting to be held at 7:00 pm, and the Planning Board
meeting to be held at 7:00 pm on Tuesday, July 20, in the Commission Room.
During his FYI, Acting City Manager Brey offered the following items: 1) The letter from the Local
Government Center states the deadline to file, for individuals who are interested in serving on the local
government study commission, is August 19th. Any vacancies will be filled by Commission appointment.
2) The District 10 Montana League of Cities and Towns legislative meeting will be held in Bozeman on July
23rd. This can be a fairly important meeting because it is the best opportunity for the League Director to
hear the concerns and positions of communities, particularly those in high-growth areas, because the
legislature has not always been responsive to the needs of high-growth communities. 3) Board
appointments will come before the Commission again next week. 4) He will be gone next Monday, and
Director of Finance Gamradt will be Acting City Manager.
07-19-04
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Director of Public Service Arkell noted the following during her FYI: 1) Over 160 signs have been
replaced in the last nine months, due to graffiti. Some of the paint can be washed off; but others can't, and
the sign has to be replaced. So far it has cost $4,600 to replace or repair the signs. She will talk to the
Police Department regarding additional patrol. She heard from City employees that in one neighborhood
on South Tracy, the graffiti was so bad that if they were looking for a home to buy in that neighborhood, they
would have stopped looking because that would not be a neighborhood where they would want to live. 2)
She will attend a Forest Service meeting next week to begin talking about deforestation of the Sourdough
area. Commissioner Kirchhoff asked if she had any idea when the Rouse Avenue project will be finished.
Director of Public Service Arkell stated it should be completed in late fall of this year. The Main Street/19th
Avenue project is going well. Commissioner Kirchhoff asked if there will be a grassy boulevard with
plantings included in that project. Director of Public Service Arkell stated there will be, plus a landscaped
median on South 19th Avenue, where there is room. Commissioner Kirchhoff asked if there are plans to
landscape the other medians on North 7th Avenue. Director of Public Service Arkell indicated money is the
issue; the median landscaping that exists now was completed with CTEP monies and is being maintained
by private landscape firms. Commissioner Youngman asked if business specific detour signs could be used
in the future to enable people to find businesses during construction periods, because right now it is difficult
to find businesses located off of North Rouse Avenue due to the construction. 3) The resurfacing project
on Highland Boulevard should be completed in three days, dependent upon the weather.
During his FYI, Planning Director Epple offered the following: 1) Planning staff is working on an
annexation exhibit for inclusion in the staff reports that will enable the Commissioners to get a better feel
for the location of parks and trail systems. It is hard to print at a scale that is readable and usable, so GIS
will be working on that. Those exhibits should be included in next week's packets. 2) Staff had a productive
meeting with Bart Manion and Joby Sabol regarding the Edgewater Condo project. They are going to bring
back a considerably different design that staff may be able to support. 3) Associate Planner Sanford is
taking pre-maternity leave and will not be working for the next couple of months. A temporary employee
might be brought in to help with the work load. 4) He has made the determination that a tarp strung
between trees, over a trampoline, is not a structure that requires a certificate of appropriateness, as
suggested by some neighbors. 5) After the last informal Commission discussion regarding the Dunlap
project, Mr. Dunlap has indicated he will make the suggested changes.
Commissioner Krauss offered the following FYI item: 1) Following the public testimony and
comments regarding the Ice Pond Road realignment and bridge construction, a time certain meeting needs
to be scheduled as soon as possible.
Commissioner Youngman noted the following during her FYI: 1) Her Bob Marshall Wilderness trip
was good. 2) The County meeting agenda looks good, although it wasn't proposed by the City. 3) Asked
if there are specific issues the City wants brought up at the legislative meeting. She noted if three of more
of the Commissioners are attending, the meeting needs to be noticed.
Commissioner Kirchhoff offered the following FYI item: 1) He asked if anyone has responded to
Hazel Guthrie regarding parking on the lawn during band concerts. Director of Public Service Arkell noted
a City staff member will be present to open the gate for those with ADA permits so they can sit in their cars
and listen. Acting City Manager stated that if there is an afternoon thunderstorm, they will not be allowed
to park on the grass. Commissioner Youngman suggested installing a sign explaining why people are not
allowed to park on the lawn.
Mayor Cetraro announced the following FYI item: 1) He will be unable to attend the Wednesday
morning joint Commission meeting.
Adiournment R 9:00 pm
There being no further business to come before the Commission at this time, it was moved by
Commissioner Kirchhoff, seconded by Commissioner Krauss, that the meeting be adjourned. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner
Krauss, Commissioner Youngman, and Mayor Cetraro; those voting No, none.
07-19-04
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ATTEST:
~J~
R L. SULLIVAN
Clerk of the Commission
PREPARED BY:
~~ JJ~ +LuiU-< J
KA EN L. DeLA THO R
Deputy Clerk of the Commission
07-19-04