HomeMy WebLinkAbout2004-07-06 Minutes, City Commission
MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
July 6, 2004
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The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal
Building, on Tuesday, July 6,2004, at 7:00 p.m. Present were Mayor Andrew Cetraro, Commissioner Jeff
Krauss, Commissioner Marcia Youngman, Commissioner Steve Kirchhoff, Commissioner Lee Hietala,
Acting City Manager Ron Brey, Planning Director Andy Epple, Staff Attorney Patricia Day-Moore and Clerk
of the Commission Robin Sullivan.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
Minutes - April 26. Mav 3. May 17. Mav 24. June 7. June 9 Stueck. June 9 Johnson. June 11 Hales.
June 11 Kukulski. June 14 and June 28. 2004
It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the minutes
of the June 9 Stueck interview, the June 9 Johnson interview and the meeting held on June 14, 2004, be
approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala and
Mayor Cetraro; those voting No, none.
Mayor Cetraro deferred action on the minutes of the meeting of April 26, May 3, May 17, May 24,
June 7, June 11 Hales, June 11 Kukulski, and June 28,2004, to a later date.
Consent Items
Acting City Manager Brey presented to the Commission the fOllowing Consent Items.
Commission Resolution No. 3699 - providina for expansion of the Public Transit
Stakeholders' Advisorv Board
COMMISSION RESOLUTION NO. 3699
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
PROVIDING FOR EXPANSION OF THE PUBLIC TRANSIT STAKEHOLDERS ADVISORY
BOARD TO INCLUDE TWO ADDITIONAL EX-OFFICIO MEMBERS.
Exemption from subdivision review - relocation of common boundary between Lots
23 and 24. Maplewood Street and StoneRidae Drive in StoneRidae PUD Maior
Subdivision. Phase liB - Donald E. Cape
Approval of the formal development plan and the park master plan for the dedicated
parklands in Baxter Meadows Subdivision. Phase IIA
Approval of final plat - Baxter Meadows Subdivision. Phase IIA - subdivide :t15.372
acres described as a portion of the S% of Section 34. T1 S. R5E. MPM. and the
NE% of Section 3. T2S. R5E. MPM. into 26 lots for neo-traditional mixed use
residential and commercial development - Baxter Meadows Development
(alona north side of Baxter Lane at Flanders Mill Road extended): contingent
upon satisfaction of all applicable conditions (P-03042)
Authorize Actina City Manaaer to sian - Acceptance of Sanitary Sewer Pipeline and
Access Easement and Aareement from Kelly D. Tavlor - easements
approximately 30 feet wide across Tract A-1. Amended Plat of Tracts A and B.
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VanHorn Subdivision (southeast corner of West Babcock Street and Fowler
Avenue)
Authorize Actina City Manaaer to sian - Acceptance of Sanitary Sewer Pipeline and
Access Easement and Aareement from David M. MacDonald and Cheryl A.
MacDonald - 30-foot-wide easements across Lot 1. Block 3. Correction Plat of
Kaav Crossroads Subdivision (extendina north from Reminaton Way)
Ratify Acting City Manaaer's sianature on Notice of Assignment: authorize
expenditure of monies to purchase Lot 2. Block 1. Gardner Park Subdivision
Acknowledae receipt of reauest for creation of special improvement liahtina district
for Harvest Creek Subdivision. Phases VIII through XI: refer to staff
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.
Request for impact fee credits - Durston Development - for installation of traffic sianal at the
intersection of Durston Road and North 15th Avenue ClFCR-0401 )
Included in the Commissioners' packets was a memo from Associate Planner Chris Saunders, dated
June 29, forwarding the request from Durston Development for impact fee credits for installation of the traffic
signal at the intersection of Durston Road and North 15th Avenue.
Associate Planner Saunders stated this traffic signal does meet the threshold for capacity expanding
improvements and, therefore, qualifies for the impact fee credit program. He noted that his memo provides
an analysis of the work done and has determined the value of the expansion work as being $97,242.86, or
the amount for which credits may be granted. He cautioned that the project is not listed on the capital
improvement project list and the request for impact fee credits was not received until after the work had
already been completed, so two of the criteria against which this type of request is considered have not
been met. He stated that this failure to meet the criteria does not preclude the Commission from offering
credits to the developer.
The Associate Planner identified the three options available to the Commission, which include
denying the granting of impact fee credits; acting to put the project on the capital improvement program list
and then offering credits to the developer; or offering credits subject to the project being added to the list
at a later date. He noted that, if the Commission chooses to offer credits, staff has recommended three
conditions be included in that offer.
Mr. Kevin Cook, developer, noted he talked to Associate Planner Chris Saunders about impact fee
credits for the traffic signal last summer, but did not realize the urgency of submitting an application for
those credits. When he approached Planner Saunders this spring, he found that his request was being
made too late in the process and that a different approach would be required. He stated the traffic light is
now up and operational, and it is anticipated that North 15th Avenue through the Walton Homestead will
be open within the next week. He noted the traffic signal is an asset to the City, particularly with the North
19th Avenue detour and the new parking lot for the high school.
Mr. Cook stated the $97,000 credit is based on the traffic study completed by Bob Marvin and
Associates in 2001. That study shows that the Walton Homestead will contribute 25 percent of the traffic
while the community contributes 75 percent of the traffic through the intersection of North 15th Avenue and
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Durston Road. He noted that warrants released in August revealed 11,700 cars eastbound and 10,900 cars
westbound on Durston Road and 3,500 cars on North 15th Avenue. He concluded by encouraging the
Commissioners to look favorably on the granting of impact fee credits for this signal, in light of the amount
of traffic generated by the community.
Responding to Commissioner Kirchhoff, Associate Planner Saunders confirmed that $97,000 is 75
percent of the actual costs of installing the traffic signal.
Responding to Commissioner Kirchhoff, Associate Planner Saunders confirmed that the traffic signal
has been installed in compliance with the design for future improvements to Durston Road, which are to be
funded through the $5 million general obligation bond which was approved several years ago.
It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the Commission
direct staff to place the signal at the intersection of Durston Road and North 15th Avenue on the capital
improvement program list for streets and make any necessary adjustments to the amounts for other projects
on that list; and offer impact fee credits to Durston Development for installation of the traffic signal, subject
to the following conditions:
1. The credit will not be paid as cash. The credit will be made available as a credit
balance against which the credit holder may draw to reduce street impact fee
payments as detailed in Section 3.24.100 of the Bozeman Municipal Code. The
credit value of $97,242.86 has been identified.
2. If the final determination of Cause No. DV-99-71 is that impact fees or impact fee
credits cannot be charged or credited by the City of Bozeman, then no impact fee
credit shall be available to the applicant under this award.
3. The applicant shall agree in writing to the above-listed conditions of approval prior
to the credits becoming effective.
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.
Public hearina - intent to annex 42.18% acres described as Lot 3. Minor Subdivision No. 221
(northeast of intersection of East Hulbert Road extended and Davis Lane) - Rocky Mountain
Timberlands for Robert C. Davis (A-04004)
This was the time and place set for the public hearing on the intent to annex 42.18:1: acres described
as Lot 3, Minor Subdivision No. 221, as established by Commission Resolution No. 3689, entitled:
COMMISSION RESOLUTION NO. 3689
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE
INHABITANTS THEREOF AND THE INHABITANTS OF 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.
Mayor Cetraro opened the public hearing.
Contract Planner Lanette Windemaker presented the staff report. She stated the subject property
is located east of Davis Lane and north of Hulbert Road extended, and is bounded by Cattail Creek
Subdivision, Phase III, on the south and the school bus barn site on the east.
The Contract Planner noted that staff has reviewed this application in light of the goals and policies
set forth in Commission Resolution No. 3137, and staff's comprehensive findings are contained in the
written staff report. Based on those findings, she forwarded staff's recommendation for approval, subject
to the following items being addressed prior to or in the annexation agreement:
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1. The Annexation Agreement, which addresses all conditions placed on the
annexation application by the City Commission, shall be signed, notarized and
returned to the City of Bozeman Planning and Community Development Department
within one year of a City Commission decision to annex the property, or annexation
approval shall be null and void.
2. The applicant shall submit an annexation map with a legal description of the
property with the Annexation Agreement. The map must be supplied on a mylar (18
inches by 24 inches) for City records and on either letter or legal size paper for
recording with the Annexation Agreement by the Gallatin County Clerk and
Recorder. One digital copy must also be provided to the Planning Department. The
maps must be acceptable to the Director of Public Service.
3. The Annexation Agreement shall contain a section that the landowner acknowledges
and agrees that usable water rights or cash-in-lieu thereof must be provided to the
City of Bozeman per Policy NO.5 of Commission Resolution No. 3137 prior to final
plat approval, final site plan approval, or the issuance of any building permit,
whichever first occurs. The amount of water rights or cash-in-lieu will be determined
by the Director of Public Service at the time of such development.
4. Applicant shall provide executed Waivers of Right to Protest Creation of SIDs for a
park maintenance district. The original executed document shall be returned to the
City of Bozeman Planning and Community Development Department with the signed
and notarized annexation agreement.
5. The annexation shall include all of the adjacent right-of-way of Hulbert Road and
Davis Lane.
6. The annexation is contingent upon the extension of any contiguous parks, open
space, and/or trails to the annexed property.
7. Applicant shall provide and file with the County Clerk and Recorder's office executed
Waivers of Right to Protest Creation of SIDs for the following:
Street improvements including paving, curb/gutter, sidewalk and storm
drainage facilities for the following streets:
a. Davis Lane
b. Valley Center Road
c. North 27th Avenue
Signalization Improvements for the following intersections:
a. North 27th AvenueNalley Center Road
b. Davis Lane/Hulbert Road
c. Hulbert Road/North 27th Avenue
d. Davis LaneNalley Center Road
The documents filed shall specify that in the event an SID is not utilized for the
completion of these improvements, the developer agrees to participate in an
alternate financing method for the completion of said improvements on a fair share,
proportionate basis as determined by square footage of property, taxable valuation
of the property, traffic contribution from the development or a combination thereof.
8. The owner shall provide public street and utility easements for Hulbert Road and
Davis Lane. The easements shall be 50 feet wide from the section line. This is one
half of a minor arterial standard as shown in the Transportation Plan.
The Contract Planner noted that Item No.6 is the same condition that was attached to the Cattail
Creek, Phase III, annexation because of the fairly significant trail and watercourse that continues through
the property.
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Mr. Jonathan Roen, Morrison-Maierle, consulting engineer representing the applicant, expressed
concern about Item No.7, which requires the applicant to sign waivers of right to protest the creation of SIDs
for improvements to three roads and four traffic signals. While no traffic analysis has been performed since
development of this site is in the very early stages, he does not believe traffic from this property will impact
all of those roads and intersections at a level that will trigger the requirement for their improvement. As a
result, he asked that improvements to Valley Center Road and North 27th Avenue and the traffic signal at
the intersection of Valley Center Road and North 27th Avenue be removed from the list. He indicated that,
given the fact that the special improvement districts for improvements to North 19th Avenue and Valley
Center Road were not created, he is concerned those improvements could be added onto this property.
Responding to Commissioner Hietala, Contract Planner Windemaker stated that Hulbert Road is
to end at North 27th Avenue and will not be extended to either Valley Center Road or North 19th Avenue.
Responding to Commissioner Youngman, the Contract Planner stated that streets and intersections
in Item No.7 were recommended by the Engineering Department.
Commissioner Youngman noted that the requirement for installation of improvements is based on
a traffic study; and if that study reveals not much impact from the subdivision, the applicant's concerns can
be addressed at that time.
No one was present to speak in opposition to the requested annexation.
Since there were no objections, Mayor Cetraro closed the public hearing.
It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that staff be directed
to bring back for Commission consideration an Annexation Agreement for the 42.18:t acres described as
Lot 3, Minor Subdivision No. 221, subject to Item Nos. 1 through 8 listed above being addressed prior to or
in conjunction with the agreement. 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.
Public hearina - Zone MaD Amendment - establish initial municiDal zonina designation of "R-3",
Residential-Medium-densitv, on 42.18% acres described as Lot 3, Minor Subdivision No. 221
(northeast of intersection of East Hulbert Road extended and Davis Lane) - Rockv Mountain
Timberlands for Robert C. Davis (Z-04068)
This was the time and place set for the public hearing on the Zone Map Amendment requested by
Rocky Mountain Timberlands for Robert C. Davis under Application No. Z-04068, to establish an initial
municipal zoning designation of "R-3", Residential-Medium-density, on 42.18:t acres described as Lot 3,
Minor Subdivision No. 221. The subject property is located northeast of the intersection of East Hulbert
Road extended and Davis Lane.
Mayor Cetraro opened the public hearing.
Contract Planner Lanette Windemaker presented the staff report. She noted that staff has reviewed
this application in light of the applicable criteria, and staff's comprehensive findings are contained in the
written staff report. She briefly highlighted those findings, noting that staff has found this property is
designated as residential in the Bozeman 2020 Community Plan and that the requested zoning is in
compliance with the applicable criteria. She then reported that, following its review of the requested zoning
during its meeting on June 1, the Zoning Commission concurred in staff's recommendation for approval,
subject to the standard conditions.
Mr. Jonathan Roen, consulting engineer representing applicant, voiced concurrence with the staff
report and indicated a willingness to answer questions.
Commissioner Kirchhoff voiced concern about an "R-3" zoning designation on the entire 42 acres,
noting that is three times the size of Cattail Creek, Phase III, and asked for some idea about the type of
development anticipated, including density, housing types and the variety of housing to be provided.
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Mr. Jonathan Roen noted that no specific proposal has yet been created. He stated, however, he
anticipates a mix of multi-family, duplex and single-family units will be included. He stressed that the pond
and the stream/ditch corridor through the property provide significant topographical constraints that will limit
the number of residences on the site. He then indicated that development will be done in compliance with
the unified development ordinance, although he is not yet certain of the density. He assured the
Commission that this development will be consistent with that of adjacent properties. He noted that the
pond will be a marketable component of the development.
Responding to comments from Commissioner Kirchhoff about the variety of zoning designations in
Cattail Creek Subdivision, Contract Planner Windemaker stated that the portion of the subdivision lying
immediately south of this property is entirely zoned residential, with a combination of single-family and multi-
family development proposed.
Mr. Roen then cautioned that, to provide a good street layout that matches with the streets in other
subdivisions in the area, some of the lots may be quite large, thus lending themselves to multi-family
development. He then indicated he anticipates a higher density development along Davis Lane, probably
in some type of multi-family units.
Commissioner Krauss expressed his hesitance to zone more than 40 acres as "R-3", noting it seems
that allows for quite dense development a significant distance from the core of the city. He then noted he
would have preferred to see a little more variety in zoning for this large parcel.
Responding to Commissioner Kirchhoff, Planning Director Epple indicated that the unified
development ordinance allows six to twelve units per acre, and allows for units ranging from single-family
homes to five-plexes. He then suggested that, if the Commission wishes to reconsider its action on the
annexation, it could require that the annexation agreement include a statement that provides for a mix of
housing types.
. Commissioner Youngman indicated that she, too, shares the concern about zoning this large parcel
as "R-3" , but cautioned that any change in zoning designation would be arbitrary.
Commissioner Kirchhoff cautioned that everyone has a fuzzy idea about a mix of housing types
under the requested "R-3" zoning designation; and that fuzzy idea is probably different for everyone.
Commissioner Krauss indicated he has some comfort level with urban design for this property,
although he feels the density allowed under "R-3" is too dense.
Planning Director Epple cautioned that the experiments in creating multiple zoning districts within
a subdivision have resulted in problems and issues for both City staff and the developer. He noted it is
preferable to have a single zoning designation that allows for a variety of housing types and densities, and
stated that diversity of development can be accommodated through the annexation agreement. He then
indicated that, through the planned unit development process, an applicant could propose apartment
buildings.
Mr. Roen reiterated that the physical constraints will dictate the lot sizes and, in some instances, the
types of development that can be accommodated. He noted that more than one-third of the property is
undevelopable because of the pond and stream/ditch. He then indicated that some of the roads through
this property will be curvilinear to allow for matching the streets on adjacent properties. He cautioned that
the applicant would be hamstrung if the Commission were to establish an initial zoning designation of "R-2"
since it would allow for single-family and duplex units only. He then noted the Commission will have the
opportunity to review the subdivision proposal to ensure an appropriate mix of housing types and densities
is provided.
Commissioner Hietala noted he was taken aback a bit by the proposed "R-3" zoning, but recognizes
the applicant's desire to have the flexibility to be creative and provide a good mix of residential units. As
a result, he supports the proposal.
No one was present to speak in opposition to the requested zoning.
Since there were no Commissioner objections, Mayor Cetraro closed the public hearing.
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It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the Zone Map
Amendment requested by Rocky Mountain Timberlands for Robert C. Davis under Application No. Z-04068,
to establish an initial municipal zoning designation of "R-3", Residential-Medium-density, on 42.18:t acres
described as Lot 3, Minor Subdivision No. 221, be initially approved and that staff be directed to bring back
an ordinance enacting the zoning designation upon annexation of the subject property, subject to the
following conditions:
1. The applicant shall submit within thirty (30) days of approval by the City
Commission, a 24-inch by 36-inch mylar zone map titled "Rocky Mountain
Timberlands", an 81'2-inch by 11-inch or 81'2-inch by 14-inch paper map and a digital
copy to the Planning Office containing the metes and bounds legal description, total
acreage and adjoining rights-of-way and/or street access easements, acceptable to
the Director of Public Service.
2. The ordinance for the Zone Map Amendment shall not be drafted until the applicant
provides a metes and bounds legal description and a map of the area to be rezoned,
which will be utilized in the preparation of the ordinance to officially amend the City
of Bozeman Zoning Map.
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.
Intent to annex 42.18:1: acres described as Lot 3. Minor Subdivision No. 221 (northeast of intersection
of East Hulbert Road extended and Davis Lane) - Rockv Mountain Timberlands for Robert C. Davis
(A-04004)
It was moved by Commissioner Kirchhoff, seconded by Commissioner Krauss, that the Commission
reconsider its previous action on this agenda item. The motion carried by the following Aye and No vote:
those voting Aye being Commissioner Kirchhoff, Commissioner Krauss, Commissioner Youngman,
Commissioner Hietala and Mayor Cetraro; those voting No, none.
Commissioner Kirchhoff suggested that a provision be added to require a diversity of housing types
and possibly a lower density.
Planning Director Epple proposed that the revision could read:
9. To achieve the goals and objectives set forth in the Bozeman 2020 Community Plan,
a diversity of housing types and (net) densities shall be provided.
Mr. Tom Henesh, Morrison-Maierle, consulting engineer representing the applicant, stressed that
this is a very challenging site, with topographic features and setbacks reducing the amount of property
available for development. He voiced concern about adding a fuzzy requirement that adds further
uncertainty to the development options.
Planning Director Epple responded that leaving the requirement open ended is preferable to a more
definitive requirement that could hamstring development options in the future.
Commissioner Krauss expressed his support for leaving the requirement more open, allowing urban
designers to come up with creative ideas for a mix of residential development that matches the surrounding
area.
Mr. Roen asked that the Commissioners provide their input when he submits the pre-application,
to ensure that the formal application meets their intent.
It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that staff be
directed to bring back for Commission consideration an Annexation Agreement for the 42.18:t acres
described as Lot 3, Minor Subdivision No. 221, subject to Item Nos. 1 through 9 listed above being
addressed prior to or in conjunction with the agreement. The motion carried by the following Aye and No
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vote: those voting Aye being Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala,
Commissioner Krauss and Mayor Cetraro; those voting No, none.
Break - 8:03 to 8:10 p.m.
Mayor Cetraro declared a break from 8:03 p.m. to 8:10p.m., in accordance with Commission policy.
Public hearing - Conditional Use Permit with Certificate of Appropriateness - JKG & Associates for
SSC. LLC - allow demolition of existina buildina and construction of a 10.347-sauare-foot light
manufacturing building on Lots 8 and 9. West Main Business Plaza. with deviations from Section
18.46.040.B.. Bozeman Municipal Code. to allow reduction from 21 to 17 parkina spaces. and from
Section 18.18.050. to reduce the rear vard setback from 10 feet to 8 feet (Lake Glass. east side of
Professional Drive) (Z-04123)
This was the time and place set for the public hearing on the Conditional Use Permit with Certificate
of Appropriateness requested by JKG and Associations for SSC, LLC, under Application No. Z-04123, to
allow demolition of the existing building and construction of a new 10,347 -square-foot light manufacturing
building on Lots 8 and 9, West Main Business Plaza, with deviations from Section 18.46.040.B. of the
Bozeman Municipal Code, to allow reduction from 21 required parking spaces to 17 parking spaces, and
from Section 18.18.050, to reduce the rear yard setback from 10 feet to 8 feet. The subject property is
located at 502 Professional Drive.
Mayor Cetraro opened the public hearing.
Associate Planner Jami Morris presented the staff report. She noted the subject property is located
at the southeast corner of the intersection of West Main Street and Professional Drive, and houses the
former Bozeman Floral. She indicated that under this Conditional Use Permit, the existing structures are
to be demolished and a new light manufacturing building constructed. The applicant is seeking two
deviations in conjunction with this application, to reduce the number of parking spaces from 21 to 17 and
to reduce the rear yard setback from 10 feet to 8 feet.
The Associate Planner stated that staff has reviewed this application in light of the applicable criteria,
and staff's comprehensive findings are contained in the written staff report. She noted that a significant
amount of screening is currently provided along the rear setback adjacent to the mobile home park; and the
applicant plans to enhance that screening further by relocating some of the existing trees on the site. She
concluded by forwarding staff's recommendation for approval, subject to several conditions.
Mr. John Sinrud, representing the applicant, voiced concurrence with the staff report and a
willingness to respond to questions. He then noted that the southern portion of the building will house the
warehouse while the showroom for windows will be located on the north end of the building, with an area
for future expansion.
Since there were no Commissioner objections, Mayor Cetraro closed the public hearing.
It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the Conditional
Use Permit with Certificate of Appropriateness requested by JKG and Associations for SSC, LLC, under
Application No. Z-04123, to allow demolition of the existing building and construction of a new 10,347-
square-foot light manufacturing building on Lots 8 and 9, West Main Business Plaza, with deviations from
Section 18.46.040.8. of the Bozeman Municipal Code, to allow reduction from 21 required parking spaces
to 17 parking spaces, and from Section 18.18.050, to reduce the rear yard setback from 10 feet to 8 feet,
be approved subject to the following conditions:
1. All ground mounted and roof mounted mechanical equipment shall be completely
screened from view from all adjacent properties.
2. A color palette and materials sample board shall be provided with the final site plan.
3. The awning detail noted over two of the windows facing Professional Drive shall be
provided over all of the windows on the west elevation.
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4. The stone veneer and stucco columns on the west elevation shall provide relief from
the main facade.
5. Additional detail is needed on the south and east sides of the building to avoid
presenting the backside of a building. Administrative Design Review staff suggests
that awnings be required over the doors and windows be installed into the garage
doors.
6. The existing non-conforming pole lights shall be removed prior to occupancy of the
new building.
7. Additional demolition of the existing building shall not commence until the Certificate
of Appropriateness is issued and the Demolition Permit is approved.
8. Applicant shall provide and file with the County Clerk and Recorder's office executed
Waivers of Right to Protest Creation of SIDs for the following:
a. Signalization of the intersection of College Street and Professional
Drive.
The documents filed shall specify that in the event an SID is not utilized for the
completion of these improvements, the developer agrees to participate in an
alternate financing method for the completion of said improvements on a fair share,
proportionate basis as determined by square footage of property, taxable valuation
of the property, traffic contribution from the development or a combination thereof.
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.
Work session - Commission discussion re City Manaaer's Budaet Recommendations for Fiscal Year
2004-2005
Included in the Commissioners' packets were a memo from Acting City Manager Ron Brey, dated
July 1, 2004, and a memo from the Recreation and Parks Advisory Board, dated June 28, 2004.
Acting City Manager Brey highlighted the contents of his memo. He noted that it would be preferable
to remodel the second floor of the Professional Building for both the Building Inspection Division and the
City Attorney's office at the same time. Monies have been included in the budget for the building inspection
portion; and he suggested that a portion of the salary that will be unpaid while City Attorney Luwe is on
active military duty could be used to fund the legal department's portion of the project. He noted that the
space freed up from those relocations will then be used by the Police Department for the bicycle patrol and
as a base for downtown operations.
The Acting City Manager noted that a copy of the State statute pertaining to the creation of a park
maintenance district has been provided, noting that such a district must be submitted to the voters. Further,
the statute lists examples of what can be funded through this mechanism. He recognized that this
information is being provided at the Commission's request, but not in anticipation that such a district would
be pursued this year.
The Acting City Manger turned his attention to the possibility of providing a fee reduction. He noted
that such a reduction was initially contemplated for senior citizens and more recently for low-income
residents. He stated that an Attorney General's opinion has been requested; and that office has requested
an extension of the deadline for providing that opinion due to the complexity of the issue. He suggested
that it would be prudent to await that opinion rather than considering the issue further at this time.
Acting City Manager Brey turned his attention to the creation of a project manager position,
suggesting that it be initially funded through the enterprise funds, since each of the three has a large project
currently in process or imminent. He noted that this position could easily pay for itself through careful
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monitoring of bids received and requested change orders. If other projects in other funds were undertaken,
the time spent on those projects could be charged back against those funds.
Commissioner Hietala expressed his support for the project manager position. He then proposed
an across-the-board cut, with those monies being used to create a slush fund reserve for future Commission
decisions.
Commissioner Youngman expressed her hope that the project manager position would be defined
as a temporary one. She then indicated that, while she appreciates the proposal to use a portion of the City
Attorney's salary for remodel of new office space, she feels it might be better spent on legal services to
move stalled projects forward.
Acting City Manager Brey responded that, while he does not have a full inventory of the backlog, it
appears the legal department has seen a reduced demand on its services in the past few months. He noted
that the City has also enjoyed more land use coverage from MMIA, which results in the costs of outside legal
counsel being covered. He indicated that, after several conversations with City Attorney Luwe, he believes
existing staff can handle the workload.
Commissioner Youngman suggested that the Commissioners consider at least a cost of living
increase for themselves. She noted that the Commissioners have not had an increase in two years, while
the cost of living has increased 3.9 percent. She stated that this increase would total $280 per
Commissioner per year and slightly more for the Mayor, which is a modest increase that she believes the
budget could accommodate. She proposed that this increase could be handled within the proposed budget
simply by reducing the amount in the travel budget.
Commissioner Krauss identified his three priorities for inclusion in the budget if at all possible:
additional funding for GalaVan, remodeling of the second floor of the Professional Building, and restoring
full funding for park development projects.
Acting City Manager Brey noted that the $50,000 reduction in funding for park projects reflects a
much greater loss to the community, since those monies are matched by a significant multiplier. He
reminded the Commission that when the first $75,000 was bUdgeted and when the second $75,000 was
added, it was with the caution that no revenue source was tied to it and that at some point the City may no
longer be able to sustain the program. He noted that, since the monies for this program have been placed
in a separate fund and since not all of the monies previously budgeted have been expended, it may be
possible to fund the entire $150,000 program this year without increasing the contribution from this budget.
Responding to Commissioner Hietala, Director of Finance Gamradt stated that the amount budgeted
in each department for contracted services is specifically listed within that budget unit; it is not simply a
blanket amount that is budgeted without specifics on its use.
Commissioner Youngman noted her research reveals the request for additional funding from
GalaVan seems to be based on the expanded service to Belgrade, with those individuals coming to
Bozeman and placing additional demands on this City's services. She stated that each community should
contribute to those services in proportion to the usage; and it seems that the other cities being served are
not paying their fair share. She feels it is inappropriate to ask the Bozeman taxpayers to contribute more
monies to this program and suggested that if the other cities do not contribute additional monies, then the
next step should be to seek donations.
Commissioner Hietala voiced his concurrence with Commissioner Youngman's comments.
Mayor Cetraro suggested that the Commission could receive additional comment on this request
during the budget hearing.
Acting City Manager Brey noted that Director of Finance Gamradt has estimated a $2,500 increase
in the mill value, or $52,000.
Responding to Commissioner Krauss, Acting City Manager Brey indicated that the Parkland Trust
Fund is an expendable trust. He cautioned that, while it is easy to spend those monies on park acquisition
or development, it is very difficult to build that fund.
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Commissioner Youngman noted the Commissioners have received a memo requesting monies be
budgeted for the watershed council.
Acting City Manager Brey noted that the watershed group has done a lot of legwork on the issue of
protecting the City's watershed. He stated that, with the rain that the area has received, it appears the City
"may dodge a bullet for another year". He does not want to be at this same point in February of next year;
rather, he wants to know how the City will deal with the watershed issues and potential fire danger. He then
suggested that the watershed council's request for $1 0,000 to $20,000 can be accommodated in the Water
Fund without any additional impacts on rates.
Commissioner Youngman noted that the watershed council has been helpful in researching
sustainable logging, fire control and watershed management.
Commissioner Krauss noted that the memo also references a Memorandum of Understanding
between the State, the City and the Forest Service that has lapsed, and he wishes to see that issue
pursued. Also, he feels it is important to identify a several step process to address the watershed issues,
and suggested that the commitment of monies be delayed until a specific step has been completed.
Commissioner Kirchhoff stated the memo also proposes a half-day trip to the site and meeting with
representatives from various agencies, and voiced an interest in attending that meeting if possible.
Acting City Manager Brey noted it was his impression the Forest Service would have a compilation
of information completed in mid-July, and that information will fit into the overall plan and coordination effort.
He then suggested that one or two staff people and possibly a Commissioner meet with the DNRC
representative next week.
Commissioner Kirchhoff turned his attention to the proposed improvements to the Professional
Building, expressing his support for the Acting City Manager's proposal for funding those costs; the other
Commissioners concurred. He then asked about delaying the decision on the $5,000 request from
GalaVan; Mayor Cetraro confirmed that is an issue to be addressed during the hearing on the budget.
Responding to Commissioner Krauss, Acting City Manager Brey cautioned that at one time, the
Parkland Trust Fund had approximately $100,000; $50,000 of that was spent well over ten years ago on
purchase of Peets' Hill and the balance has now grown to $60,000. He noted that some of the projects that
have been previously approved through the parkland development grant program would be qualified for use
of those monies.
Commissioner Youngman suggested that the Recreation and Parks Advisory Board be asked to
provide input on this potential use of those funds, noting they meet later this week.
Responding to Commissioner Kirchhoff, Acting City Manager Brey confirmed the reduction in
reserves that resulted from the purchase of the SAE House/Story Mansion does have some effect on the
reserves in this budget.
Commissioner Kirchhoff voiced concern about the extended period of time that use/disposition of
the SAE House has been up in the air. He noted that a task force was created when the house was
acquired, with the anticipation that the City would hold it for one year. That time has since passed, and the
City still owns the house with no plan having yet been submitted to the Commission for consideration. He
is interested in now shaping the task in terms of identifying a drop dead deadline.
Commissioner Krauss stated he has met with sub-committees of the task force over the past few
months. He noted they are attempting to find the original colors of the mansion and intend to do some
improvements during the summer to preserve the property, and improve its usability and saleability. He
stated that the task force has some monies available to cover those costs. He indicated that, as long as
the City has a commitment for federal monies to improve the value of the investment, he supports retaining
the property; however, when it is no longer financially viable, he supports selling the property.
Responding to Commissioner Hietala, Director of Finance Gamradt stated the reserve represents
approximately 20 percent of the general fund; if the SAE House were sold and the monies used to replenish
the reserves, that would increase to 27 percent. He stressed that this would not make the reserves flush
but would make the level more comfortable.
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Acting City Manager Brey noted that some roof repair has also been done on the house, along with
window repair and painting. He noted that, as long as the City can enhance the value of the property while
owning it, he feels it is wise to do so.
Commissioner Youngman expressed her support for the idea of creating a timetable, noting that
doing so tends to make a group work more efficiently.
Responding to Commissioner Kirchhoff, Acting City Manager Brey stated he feels the members of
the task force are from a broad spectrum with access to various options for funding and partnerships.
Commissioner Youngman raised the issue of possible cost of living increases for Commissioners'
salaries. Three of the Commissioners indicated a willingness to consider it; Commissioner Krauss indicated
a willingness to consider it if the Director of Finance has underestimated the value of the mill.
Acting City Manager Brey stated that, with the Commission's willingness to include remodeling of
the se:co!1d floor of the Professional Building in the budget, it will result in office space for the study
commiSSion.
Commissioner Krauss stated that, given the results of the election, he does not feel the Commission
should budget monies for the study commission activities; rather, they should be able to rely on the results
from former studies and information previously gathered for the remainder of this fiscal year.
Commissioner Youngman noted that supplies can probably be provided through the Commission's
budget.
Commissioner Krauss stated he is a fan of the local government review process, noting that it is a
very open process and trains citizens. He expressed concern that the results of this year's vote are
lukewarm at best.
Acting City Manager Brey summarized the Commissioners' responses, noting that they include: (1)
approval of the Professional Building remodel; (2) delay on the request from GalaVan for additional monies;
(3) request for Recreation and Parks Advisory Board input on the use of Parkland Trust Fund monies to fund
the park development program at $150,000; (4) an interest in shaping the SAE task force timetable; (5)
consideration of a cost of living increase for Commissioners, tied to the mill value; and (6) consideration of
a project manager position, to be initially funded through the enterprise funds.
Commissioner Kirchhoff noted that $950,000 in big box monies has been collected and divided in
half, with half being designated for affordable housing and half being designated for economic development
projects. He stated the budget includes two other funds, the insurance proceeds from the storm damage
three years ago and the special projects fund, that total approximately $800,000. He suggested that these
monies be used in the same manner as the big box monies.
Acting City Manager Brey responded that staff is not unaware of those funds, but has viewed them
as an insurance policy in the event that the entire $5 million in federal monies is not received for the
downtown parking garage.
Director of Finance Miral Gamradt reviewed the history of the monies in the special projects fund,
noting it results from the sale of lots in Valley Unit Subdivision to recover from the delinquencies in special
assessments. At the same time, the City imposed a mill levy to fund the defaulted assessments; and the
result of those combined funding sources was more that the total indebtedness. Following extensive
discussion, the Commission at that time determined the preferred alternative for disposing of those monies
was to fund projects that would benefit the entire community. A list of projects was identified, and the
Commission prioritized those projects. Many of those projects were completed, while the need for some
of the projects dissipated. The result is a fund with residual monies. The budgets for the past several years
have included an appropriation of the monies but they have not been expended. The Director then turned
his attention to the insurance proceeds, noting that they result from the snow storm damage several years
ago. He stressed that these proceeds are not limited to the damage to trees, although that is a significant
portion of the monies. He noted that no decision on the use of those monies was made at the time they
were received, although the Department of Public Service argued that they should be channeled back into
the forestry program.
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.
Commissioner Youngman voiced her interest in a new prioritization process for the monies in these
two funds, although she agrees with Acting City Manager Brey that they should be held until after federal
monies have been appropriated for the downtown parking garage.
Commissioner Krauss voiced his interest in a tax increment financing district to address the 50s and
60s look on North 7th Avenue, and suggested that if the monies in the special projects fund and insurance
monies are to be expended, he would prefer to see them used as seed monies for that project. He
suggested the fund could then be replenished through a revolving loan fund program, and the City would
also realize the benefits of increased taxable valuations in the future. He noted that at the present time, all
new development is occurring on the vacant land along North 19th Avenue, and incentives need to be
provided for rehabilitating and improving the North 7th Avenue corridor to make it an equally attractive
option. He identified the northeast part of town, beyond the railroad tracks, as another prime candidate for
a tax increment financing district, noting it is just waiting to be used for economic development, providing
an opportunity to attract alternative industries.
Responding to questions from Acting City Manager Brey, the Commissioners indicated they do not
wish to budget monies for the watershed council at this time, but prefer to do it "on the fly", through a budget
amendment if necessary.
Acting City Manager Brey announced that the next step in the budget process is the public hearing.
Appointments to boards and commissions: (a) Beautification Advisory Board: (b) Board of Appeals:
(c) Bozeman Area Bicycle Advisorv Board: (d) City Plannina Board: (e) Communitv Alcohol Coalition:
(f) Community Affordable Housina Advisorv Board: (g) Community Development Block Grant
Economic Development Loan Review Committee: (h) Desian Review Board: (i) Downtown Bozeman
Improvement District Board (IDB): (j) Downtown Business Improvement District Board (BID): (k)
Historic Preservation Advisorv Board: m Librarv Board of Trustees: (m) Recreation and Parks
Advisorv Board: (n) Senior Citizens' Adyisorv Board: (0) Tree Advisorv Board: and (p) Zonina
Commission
Included in the Commissioners' packets was a memo from Deputy Clerk of the Commission Karen
DeLathower, dated June 30, forwarding a list of applicants for the various boards and commissions.
Distributed just prior to the meeting were a revised listing of applicants and a memo dated July 2 forwarding
information on additional vacancies.
Beautification Advisory Board. It was moved by Commissioner Kirchhoff, seconded by
Commissioner Hietala, that Jan Bergman and Shauna Deckert be reappointed to the Beautification Advisory
Board, with three-year terms to expire on June 30,2007. The motion carried by the following Aye and No
vote: those voting Aye being Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss,
Commissioner Youngman and Mayor Cetraro; those voting No, none.
Board of Appeals. No applications were received for the opening on this board.
Bozeman Area Bicycle Advisory Board. It was moved by Commissioner Hietala, seconded by
Commissioner Krauss, that Cort Felts be appointed to replace Robert Hamlin and that Sally Fishman be
appointed to replace Paul Ridgely, with initial terms to expire on December 31,2004, and that Matt Rognlie
be appointed to the open position on the Bozeman Area Bicycle Advisory Board, with an initial term to expire
on December 31, 2005. 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.
City Planning Board. Commissioner Krauss noted that he had requested Dave Shepard's
application be pulled for consideration in addition to the applications that were included in the packet. He
stated that Mr. Shepard currently serves on the Zoning Commission and has expressed an interest in being
appointed to the Planning Board.
Commissioner Youngman asked that this appointment be delayed until after the Commission has
had an opportunity to review the new application.
07 -06-04
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In light of the Commissioner requests, Mayor Cetraro asked that this appointment be placed on next
week's agenda.
Community Alcohol Coalition. It was moved by Commissioner Youngman, seconded by
Commissioner Kirchhoff, that the following appointments be made to the Community Alcohol Coalition:
Daniel Czech be reappointed as the MSU student representative, with a one-year term to expire on June
30, 2005; and that Jenny Haubenreiser be reappointed as a prevention specialist representative, Glenn
Puffer be reappointed as the Montana State University representative, and Arlene Wylie be reappointed as
the interested citizen representative, all with three-year terms to expire on June 30, 2007. The motion failed
by the following Aye and No vote: those voting Aye being Commissioner Youngman and Commissioner
Kirchhoff; those voting No being Commissioner Hietala, Commissioner Krauss and Mayor Cetraro.
It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that the following
appointments be made to the Community Alcohol Coalition: Daniel Czech be reappointed as the MSU
student representative, with a one-year term to expire on June 30, 2005; and that Jenny Haubenreiser be
reappointed as a prevention specialist representative, and Glenn Puffer be reappointed as the Montana
State University representative, all with three-year terms to expire on June 30,2007. The motion carried
by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Krauss,
Commissioner Youngman and Mayor Cetraro; those voting No being Commissioner Kirchhoff.
Community Affordable Housing Advisory Board. It was moved by Commissioner Youngman,
seconded by Commissioner Hietala, that Marty Bakken be reappointed as the real estate sales
representative, Vicki DeBoer be reappointed as the representative of an organization supporting the
availability of low and moderate-income housing, and that Mary Martin be reappointed as the representative
of an organization providing services to low and moderate-income persons, all with three-year terms to
expire on June 30, 2007. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Youngman, Commissioner Hietala, Commissioner Krauss, Commissioner Kirchhoff and
Mayor Cetraro; those voting No, none.
Community Development Block Grant Economic Development Loan Review Committee. It
was moved by Commissioner Krauss, seconded by Commissioner Hietala, that Jack Thompson be
reappointed as the Capital Opportunities Board representative on the CDBG Economic Development Loan
Review Committee, with a two-year term to expire on June 30, 2006. The motion carried by the following
Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner Hietala, Commissioner
Kirchhoff, Commissioner Youngman and Mayor Cetraro; those voting No, none.
Design Review Board. It was moved by Commissioner Kirchhoff, seconded by Commissioner
Youngman, that Scott Hedglin be appointed to replace Melvin Howe as an architect member, that Brian
Krueger be appointed as the architectural historian, and that Dawn Smith be reappointed as a non-
professional representative on the Design Review Board, all with two-year terms to expire on June 30,2006.
The motion carried by the fOllowing Aye and No vote: those voting Aye being Commissioner Kirchhoff,
Commissioner Youngman, Commissioner Krauss, Commissioner Hietala and Mayor Cetraro; those voting
No, none.
Downtown Bozeman Improvement District Board (I DB). It was moved by Commissioner Hietala,
seconded by Commissioner Krauss, that Jeff Rupp be reappointed as a voting member and that Bob
Braaksma be appointed to replace Steve Johnson as a voting member on the Downtown Bozeman
Improvement District Board, with four-year terms to expire on June 30,2008. 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 moved by Commissioner Krauss, seconded by Commissioner Hietala, that Jarvis Brown be
reappointed as a non-voting member and that Chris Naumann be appointed to replace Chris Pope as a non-
voting member on the Downtown Bozeman Improvement District Board, with four-year terms to expire on
June 30, 2008. The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Krauss, Commissioner Hietala, Commissioner Kirchhoff, Commissioner Youngman and Mayor Cetraro;
those voting No, none.
Downtown Business Improvement District Board (BID). It was moved by Commissioner
Youngman, seconded by Commissioner Krauss, that Chris Pope and Steve Schnee be reappointed to the
Downtown Business Improvement District Board (BID), with four-year terms to expire on June 30, 2008.
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The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman,
Commissioner Krauss, Commissioner Hietala, Commissioner Kirchhoff and Mayor Cetraro; those voting No,
none.
Historic Preservation Advisory Board. The Commissioners delayed these appointments to next
week's meeting.
Library Board of Trustees. Mayor Cetraro announced his appointment of Ronald Farmer to
replace Robert Gutzman, with an initial term to expire on June 30,2006, and his appointment of Marilyn
King to replace Brenda Davis Molen, with an initial term to expire on June 30,2009.
It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the Commission
concur in the Mayor's appointments of Ronald Farmer and Marilyn King to the Library Board of Trustees.
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.
Recreation and Parks Advisory Board. It was moved by Commissioner Krauss, seconded by
Commissioner Youngman, that Nick Davis be reappointed as a student member on the Recreation and
Parks Advisory Board, with a one-year term to expire on June 30, 2005. 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.
Senior Citizens' Advisory Board. It was moved by Commissioner Hietala, seconded by
Commissioner Kirchhoff, that Charlotte Kress be appointed to replace Jean Thorson on the Senior Citizens'
Advisory Board, with an initial term to expire on December 31 ,2005. The motion carried by the following
Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Kirchhoff, Commissioner
Youngman, Commissioner Krauss and Mayor Cetraro; those voting No, none.
Tree Advisory Board. It was moved by Commissioner Krauss, seconded by Commissioner
Kirchhoff, that Shelly Engler be reappointed and that Liz Galli-Noble be appointed to replace Steve
Gullickson, with two-year terms 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.
Zoning Commission. Mayor Cetraro asked that this appointment be placed on next week's
agenda.
Discussion - FYI Items
The following "For Your Information" items were forwarded to the Commission.
(1 ) Copy of a memo from the Northeast Neighborhood Association to the Fairgrounds, dated
June 12, seeking a better mechanism for communication between the residents and the fairgrounds.
(2) Copy of a letter from Kerin and Associates to Hugh Reid, dated June 25, regarding
replacement of the bridge on Ice Pond Road and accompanying road improvements.
(3) Listing of planning projects to be considered at upcoming Commission meetings, dated July
1, 2004.
(4) Memo from Planning Secretary Carol Schott, dated June 29, announcing that both the City
Planning Board and Zoning Commission meetings for July 7 have been cancelled due to the lack of agenda
items.
(5) Agenda for the County Commission meeting that was held at 9:00 a.m. today at the
Courthouse.
(6) Agenda for the Development Review Committee meeting which was held at 1 0:00 a.m. today
at the Professional Building.
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(7) Minutes from the Cemetery Board meetings held on February 23 and June 3, 2004.
(8) Acting City Manager Ron Brey noted that if the Commission adopts the alcohol policy
ordinance at next week's meeting, it will become effective on August 11; and he anticipates the Downtown
Bozeman Partnership will then seek a waiver to the provisions of that ordinance for Music on Main for the
following evening, possibly for an area slightly larger than the half block currently closed for that event.
(9) Planning Director Andy Epple posted a revised plat for West Winds Subdivision, identifying
the changes contained in the new plat. He noted those changes include realignment of the trail to the south
side ofTschache Lane, elimination of lots along Whisper Avenue, addition of restricted size lots along Trade
Wind, creation of a more gridlike street system with better connectivity to adjacent properties, and a more
consolidated park space. He then asked for Commissioner responses to this revised plan.
Commissioner Kirchhoff expressed concern that it does not appear any revisions have been made
as a result of the meeting that he and Commissioner Hietala had with the applicants. He noted that several
times, he asked that the grid system be extended into the large blocks of land where the senior assisted
living is proposed; and the applicant continually responded that those who specialize in such housing prefer
to do so in a campus-like setting on a large chunk of land. He then stressed that, even if a grid system is
created in the initial master plan for the overall subdivision, it can later be changed through a specific
development proposal; but it is important to address the provisions of the Bozeman 2020 Community Plan
at this time. He noted that the same grid system should be required for the northeast corner of the property,
where a similar large block configuration currently exists. He then indicated that the block orientations
should be the same throughout the subdivision, rather than being flipped 90 degrees throughout the site.
He concluded by acknowledging that the applicant has budged somewhat, but he does not feel enough
changes have been made.
Commissioner Krauss indicated that he does accept the concept of a campus-like setting for senior
assisted living; however, he feels only one parcel should be allowed to remain as a large parcel, not the
entire southwest quadrant.
Mayor Cetraro indicated he does not feel the new design is great; but he's "done holding their hand
every step of the way".
As a result of discussion, Planning Director Epple stated he will forward the Commissioners' position
that a grid system is required in the southwest quadrant and that better connectivity is preferred in the
southeast corner.
(10) Planning Director Epple submitted the following. (1) Announced that he will be out of town
next week. (2) Indicated one of the items on next week's agenda is review of a previously-approved
conditional use permit for an accessory dwelling unit since one of the conditions was that it be brought back
after three years for review and possible permanent approval. (3) Announced that he will meet with Bart
Manion and his design team on Thursday. (4) Stated that the first draft of the updated design objectives
plan for entryway corridors is now available on line, at the Library, and in the Planning Office. He indicated
that a hard copy can be provided to any Commissioner requesting one; the Commissioners noted they can
review the document on line.
(11) Acting City Manager Brey noted that today is City Attorney Luwe's last official day at work
before reporting for military duty, although he will be in and out of the office for the remainder of the week.
(12) Acting City Manager Ron Brey announced that as of noon on Friday. 51 fireworks complaints
had been received; and eight citations and two warnings had been issued. He noted that he will have a
complete report on fireworks complaints and the costs of enforcement prior to next week's meeting. He
then indicated he has received good feedback from the ordinance revisions.
Commissioner Kirchhoff indicated he has received three complaints about the new ordinance, with
one being from the northeast side of town and one from the northwest side of town.
(13) HRDC Executive Director Jeff Rupp reported that he spent the earlier part of the evening
at the Belgrade City Council meeting. seeking additional monies for GalaVan for the upcoming fiscal year.
He noted that the budget for this program was initially $14,000 in the red. The County has committed an
additional $7.000 and the City of Belgrade committed an additional $3,000 at tonight's meeting to help cover
07 -06-04
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the additional costs. He then reported that last year over 83,000 miles were driven and over 28,000 rides
given.
Responding to Mayor Cetraro, Mr. Rupp stated they are anticipating revenues from wrapping the
vehicles with advertising; however, he cautioned that it costs $3,000 to $5,000 to wrap a vehicle, with a
monthly fee charged in addition.
(14) Commissioner Kirchhoff expressed concern about the twists that the parking lot for Peets'
Hill has taken and suggested that designating it as an overflow parking lot for the new library could have
alleviated some of the issues that have arisen.
Acting City Manager Brey responded that issues could arise if some of the property is liquidated to
generate monies for the library project. He acknowledged that as the project moves closer to completion,
designating this as overflow parking for the library could be a viable option, recognizing its simultaneous use
as parking for Peets' Hill and Bogert Park overflow. He then stressed the key component to this project is
the demolition of the existing buildings, which have become a nuisance and could become a hazard if not
removed. Until the parking lot is completed, he noted that people can still use the area for parking.
Adjournment - 10:47 p.m.
There being no further business to come before the Commission at this time, it was moved by
Commissioner Kirchhoff, seconded by Commissioner Hietala, that the meeting be adjourned. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner
Hietala, Commissioner Krauss, Commissioner Youngma and ayor Cetraro; those voting No, none.
ATTEST:
~u~~
Clerk of the Commission
07 -06-04