HomeMy WebLinkAbout2004-06-14 Minutes, City Commission
.~!p"..^~..~".
MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
June 14, 2004
*****************************
The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal
Building, on Monday, June 14, 2004, at 7:00 pm. Present were Mayor Andrew Cetraro, Commissioner Jeff
Krauss, Commissioner Marcia Youngman, Commissioner Steve Kirchhoff, Commissioner Lee Hietala,
Acting City Manager Ron Brey, Director of Public Service Debbie Arkell, Planning Director Andy Epple, City
Attorney Paul Luwe, and Deputy Clerk of the Commission Karen DeLathower.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
Minutes - ADri119. ADril26. May 3. May 17. May 24. June 7. June 8. June 9. June 9 Stueck. June 9
Johnson. June 10. June 10 mixer. June 11 Hales. June 11 Kukulski and June 11. 2004
It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the minutes
of the meetings of June 8 and June 9,2004, be approved as submitted. The motion carried by the following
Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner Youngman, Commissioner
Kirchhoff, Commissioner Hietala, and Mayor Cetraro; those voting No, none.
Mayor Cetraro deferred action on the minutes of the meetings of April 19, April 26, May 3, May 17,
May 24, June 7, June 9 Stueck, June 9 Johnson, June 10, June 10 mixer, June 11 Hales, June 11 Kukulski,
and June 11, 2004 to a later date.
Consent Items
Acting City Manager Brey presented to the Commission the following Consent Items.
Acknowledae receiDt of staff reDort - annexation of 88:!: acres described as a Dortion
of the E%. SWY... and the W%. W%. SEY... Section3. T2S. R5E. MPM. Dlus
adiacent Dublic riahts-of-wav - Gaston E naineerina for D oualas L . Smith
(A-04005)
Commission Resolution No. 3692 - intent to annex 88:t acres described as a Dortion
of the E%. SWY... and the W%. W%. SEY... Section3. T2S. R5E. MPM. Dlus
adiacent Dublic riahts-of-way: set Dublic hearina for July 12. 2004
COMMISSION RESOLUTION NO. 3692
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.
Acknowledae receiDt of aDDlication for annexation from Pilari Architects for
McLendon Investments. LLC - 0.754 acres described as Lot 21. Gordon
Mandeville State School Section Subdivision (Sundance Business Court)
Ordinance No. 1615 - amend zonina from IR_3" (Residential-Medium-densitv) to IR_1"
(Residential-Sinale-household. Low-density) on aDDroximatelv 33 acres in the
University Subdivision: Drovisionallv adoDt and brinQ back in two weeks for
final adoDtion
06-14-04
.-...... ... -.. ..-..--..--..--..--.-.-------.-----
- 2 -
ORDINANCE NO. 1615
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
AMENDING THE CITY OF BOZEMAN ZONE MAP BY AMENDING THE ZONING
DESIGNATION FROM "R-3" (RESIDENTIAL-MEDIUM-DENSITY DISTRICT) TO "R-1"
(RESIDENTIAL-SINGLE-HOUSEHOLD, LOW-DENSITY DISTRICT) ON
APPROXIMATELY 33 ACRES IN THE UNIVERSITY SUBDIVISION, LOCATED IN THE
NW% OF SECTION 18, T2S, R6E, PMM, CITY OF BOZEMAN, GALLATIN COUNTY,
MONTANA.
Authorize Mayor to sian - Findinas of Fact and Order for Dreliminarv Dlat for Baxter
Meadows. Phase II. Planned Unit DeveloDment Maior Subdivision {subdivide
:!::76 acres described as a Dortion of the S% of Section 34. T1 S. R5E. MPM. and
the NE% of Section 3. T2S. R5E. MPM. into lots for neo-traditional mixed use
residential and commercial develoDment {alona north side of Baxter Lane at
Flanders Mill Road extended}
Ratify Actina City ManaQer's sianature on Professional Services Aareement for
TransDortation Research Services - Western TransDortation Institute
Authorize Actina City Manaaer to sian - Professional Services Aareement for Fire
Station No.1 addition - Morrison-Maierle. Inc.. Bozeman. Montana
Claims
Commissioner Hietala requested Consent Item 4f, ratify Acting City Manager's signature on
Professional Services Agreement for Transportation Research Services - Western Transportation Institute,
be removed for discussion.
Commissioner Hietala said, after reading this document, he still does not understand what the purpose
of this agreement is and what the end product is supposed to be. Planning Director Epple responded it is a
small contract with Western Transportation Institute to evaluate the parking patterns in various land use
situations; and the end product will hopefully contain some suggestions on how to revise the City's parking
requirements for commercial development, particularly in the downtown. The City is looking for some new
scientific data that is defensable and could pose the basis for modification of the City's parking requirements,
which some feel require too much parking.
Commissioner Krauss questioned the deliverables, to which Planning Director Epple replied it will be
a report that analyzes the commercial parking requirements and will provide the most accurate and most
detailed data ever seen in that regard. The study will provide data for Billings, Great Falls, and Missoula, as
well as Bozeman. Hopefully this report willi ead to suggestions 0 n whether 0 r not, and how, parking
requirements in Bozeman should be modified.
Acting City Manager Brey added there is a parking generation manual that is updated periodically,
but the problem is that it is generally not inclusive of Montana requirements. This study is intended to provide
that information for Montana, specifically its larger cities.
It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the
Commission approve the Consent Items, except item f, which is to be brought back next week for discussion
and further consideration, 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
John Morgan, 1423 Cougar Drive, distributed copies of his letter to the Commission and noted the
Commission had received a letter from SWMBIA regarding parkland requirements and affordable housing.
He implored the Commission to explore this issue because time is of the essence. Parkland requirements
06-14-04
- 3 -
have the highest impact on affordable housing outside of land values, and this is an issue the Commission
has some control over.
Ordinance No. 1616 - deletina Section 9.70.010: renamina Title 9. Chapter 7. renumbering various
sections in Title 9: and deleting Sections 10.08.272 and 10.08.210. revisina and adding provisions
to chapter entitled "Alcohol Policy"
Included in the Commissioners' packets was a copy of Ordinance No. 1616, entitled:
ORDINANCE NO. 1616
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY DELETING
SECTION 9.70.010; RENAMING TITLE 9 ARTICLE 7; RENUMBERING AND AMENDING
SECTIONS 9.84.040, 9.32.005, 9.84.010,9.84.020,9.84.030,9.32.010, 9.32.015, 9.32.030,
9.32.040,9.40.010,9.30.010; AND AMENDING CHAPTER 1 0 BY DELETING SECTIONS
10.08.272 AND 10.08.210.
Staff Attorney Wordal presented an overview and brief history of this ordinance. In the April, 2003
Bozeman Alcohol Policy Advisory Committee Report to the Commission, the committee made
recommendations to modernize Bozeman's alcohol policy and brought forward ideas that would benefit the
youth of Bozeman and the community as a whole. This ordinance is the beginning of those
recommendations and the first item of business for the Community Alcohol Coalition, who wanted to revise
the current ordinance so enforcement would be easier. Judges can now order community service rather
than jail time, which isn't very effective but does get people's attention.
Commissioner Krauss questioned Section 9.74.015, J, which defines "public places", asking if that
includes Gallatin County and Montana State University properties. Staff Attorney Wordal answered that it
does, including the fairgrounds. Montana State University's police force is empowered to enforce this
ordinance on campus, if they choose to do so. There have been lots of requests to have some sort of
enforceable document for the university. Ms. Wordal pointed out the terms "beer or liquor" have been
changed to read "alcoholic beverages" in this ordinance. Commissioner Krauss then asked if this ordinance
would apply to tailgating parties held at the university. Staff Attorney Wordal responded one has to careful
with regard to public parking, and it is possible the parking lot may be considered the private property of the
university. She suggested leaving the enforcement of this ordinance on campus to the University Police
Department.
Commissioner Krauss asked what the current fine is for violation of the open container statute. Staff
Attorney Wordal replied the judge has set the fine at $25, which many people feel is merely a slap on the
wrist. Referring to Section 9.74.030, B, Ms. Wordal said applications for waiver under this section should
be made in conjunction with applications for public assembly permits. The intent is to utilize one process
that is consistent to cut down on the repetition. The language in 9.74.030, C, is new language, which is
designed to dovetail with public assembly issues.
Commissioner Krauss stated he has a number of concerns with this ordinance, so he is not ready
to vote on it this evening. He feels the City should not include county and university property in this
ordinance.
Commissioner Hietala, referring to Section 9.74.030, B4, noted that this portion seems to impinge
on people's freedom to assemble by restricting the days a person can apply for a permit. Staff Attorney
Wordal explained the timing of the application is limited because the public assembly permit has a very
short timeline and to give people adequate notice as to whether they are going to be granted or denied a
permit to allow them time to make advertising decisions.
Referring to Section 9.74.030, B2, Commissioner Krauss asked if this section exempts parties of
less than 25 individuals from any other portions of this ordinance. Staff Attorney Wordal explained this only
exempts them from obtaining a public assembly permit because public assembly permits are required for
gatherings of more than 25 people. Commissioner Krauss then asked for clarification that parties of less
than 25 individuals would have still have to obtain an alcoholic beverage permit and find a trained server.
Ms. Wordal stated the Community Alcohol Coalition feels very strongly that one of the things that help
06-14-04
- 4 -
lessen liability is requiring a trained server, one who knows when or when not to serve someone, to serve
alcohol at any larger gathering. Very small groups can get a waiver from the requirement for a trained
server since that requirement only comes into play for 25 people or more.
Jenny Haubenreiser, chair of the Community Alcohol Coalition (CAC) and former member of the
Bozeman Alcohol Policy Advisory Committee (BAPAC), stated their purpose is to promote public safety,
encourage responsible drinking, and reduce public harm. They approached this ordinance as a
housekeeping exercise, with the intention of clarifying existing code language to make it easier for the
general public to interpret. There is research that indicates that increasing fines reduces underage drinking,
which is why they suggested the fine be increased to $100. This ordinance addresses one of the five
priorities of the BAPAC; to provide responsible beverage service. The CAC wants to make this ordinance
workable for the community as a launch point for the rest of their work. Ms. Haubenreiser thanked Ms.
Wordal for all of her hard work on this ordinance.
Glenn Puffer, 710 South 16 Avenue and CAC member, said that this document is a wonderment;
it is clear, concise, eliminates duplication, and brings together a number of laws and policies into an easy
to read, understandable document. He complimented Staff Attorney Wordal for an outstanding job. He,
too, characterized this ordinance as a launch point and housekeeping tool and asked the Commissioners
to give it their favorable attention. Mr. Puffer pointed out this is a federal drug-free act biennial review year
for the university, and they will have members of the community participating in that biennial review. He will
take the Commission remarks concerning how this policy blends with the MSU policy to the campus
committee for their attention. He assured the Commission that he will forward anything it desires to the
university's attention.
Bill Robinson, 2308 South Third Avenue, emergency room" doctor, BAPAC and CAC member,
pointed out the $25 fine for open container violation is the lowest fine in the entire United States and is
meaningless. Fines generally are a minimum of $100, so this would bring Bozeman into compliance with
any other open container law. Regarding the requirement for responsible beverage service for groups larger
than 25 people, Dr. Robinson relayed his own serving experience, saying that despite his many years of
education and experience, he was totally unprepared to detect who was intoxicated, who was using false
identification, and who should or should not be served. Commercial establishments are strictly regulated,
but there is this huge loophole for others, who are improperly trained, to sell alcohol. The provision to close
that loophole is a very important one.
Becky Robideaux, 1450 West Kagy Boulevard and CAC member, said that as a prevention specialist
she sees adolescents on a regular basis who use alcohol; and it is important for the community to help
young people to not drink and to help people not be overserved. With the clarity of this ordinance, the
community will get good enforcement; and law enforcement officials support the changes that have been
made to this document. In the past, it has been possible for anyone to come into the community and serve
alcohol to anyone. Ms. Robideaux noted everyone has heard stories of the excessive and underage
drinking that occurred at the Warped Tour concert, which was not a safe situation for the community's young
people because there was no safety plan in place at that event. There are responsible beverage service
training classes offered twice per month for free that are available to all who are interested. She asked for
Commission support of this ordinance to promote the public health and safety, to teach others not to drink
and drive, and to stop underage drinking.
Arlene Wiley, 106 Silverwood Drive and CAC member, noted she is the mother of two sons, ages
17 and 20, so she is well aware of underage drinking in this city. She has read the proposed amendments
at least three times and feels they are fair and clearly spell out the regulations. She supports the required
display of signs in any retail establishment selling or offering alcohol that fines will be levied for leaving with
an open container. Ms. Wiley said she believes adoption of this ordinance will promote a safer and saner
city for all to live in and enjoy.
Daniel Czech, MSU representative on the CAC, requested Commission approval of this ordinance,
particularly the portion that raises the fine because $25 is nothing to students nowadays.
Darlene Falk, 1000 South Black Avenue, stated she concurs with what the rest of the people have
said this evening. She is a registered nurse at Bozeman Deaconess Hospital and has four daughters, ages
20 to 26, so she is attuned to this issue. Ms. Falk said she believes this document definitely speaks on
behalf of responsible drinking, and she definitely supports that.
06-14-04
- 5 -
Responding to Commissioner Krauss, Staff Attorney Wordal said this ordinance does pertain to
tailgate parties at the university. MSU is as capable as any other citizen to apply for a public assembly
permit and alcohol permit. The intent of this ordinance is to provide people with a way to responsibly host
parties, to establish guidelines as to conduct during them, and to require people to clean up after them.
There have been problems in the past where people haven't thought about their behavior, and that creates
a situation that is very hard for law enforcement to control.
City Attorney Luwe suggested that, in light of the fact the Commission did not get the red-line version
of this ordinance, action on this decision be delayed for one week.
Commissioner Krauss stated there is almost nothing of the original ordinance left; this is an entirely
new ordinance. Staff Attorney Wordal responded there are sections that are brand new, but there are not
a whole lot of actual changes. One of the reasons the waiver provision has changed so much is because
a lot of language has been added from public assembly documents. This plan provides the kind of security
and thought process the professionals were looking for that was missing the last time this ordinance came
forward.
Commissioner Youngman suggested that if the vote on this item is going to be delayed a week, all
questions should be forwarded now to Staff Attorney Wordal and the CAC so they can research those and
come back with informed answers and alternate language.
Commissioner Krauss said he wonders if official MSU policy really is that this ordinance is fine. Mr.
Puffer said he will take Commissioner Krauss's concerns back to the people at the university who have to
deal with this pOlicy and will ask Staff Attorney Wordal to accompany him to give them a more clear
description of the changes.
Commissioner Krauss stated he would also like to see how this policy affects any other public
buildings. He feels increasing the open container fine fourfold, to $100, is worthy of further consideration,
as are some other things in this ordinance like requiring an alcoholic permit be filed 30 days prior to an event
for less than 25 individuals. Ten people with a cooler in the park is a totally different situation from a large
gathering like the Warped Tour. Commissioner Krauss noted he believes the safety plan portion of the
ordinance needs to be refined.
Mayor Cetraro agreed with Commissioner Krauss's comments.
Acting City Manager Brey called attention to Section 9.74.010, C, relevant criteria for granting
waivers, saying he would like it to be made more objective. He suggested "affected by aforementioned
concerns" might be useful, objective criteria. Otherwise the language is too broad, and he would have
difficulty implementing it.
Commissioner Kirchhoff suggested that Staff Attorney Wordal be given two weeks to revise the
ordinance and have it brought back for discussion.
It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that action on
Ordinance No. 1616 be tabled for two weeks. 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.
Reauest for modification of Condition No.19 for approval of Cottonwood Condominiums maior site
plan to allow utilitv and road construction to commence prior to completion of remainina
improvements - C&H Enaineerina for Ken LeClair and Delanev & Company. Inc. (Z-03255A)
Included in the Commissioners' packets were a letter from Delaney & Company, dated June 8; a
memo from Project Engineer Bob Murray, dated June 10; and an e-mail from City Engineer Rick Hixson,
dated June 10.
City Engineer Hixson noted that the requested modification affects another development; the Spring
Creek Village Resort Subdivision. Condition number 19 of the major site plan approval states that
improvements not yet done must be completed before construction of the Cottonwood Condos commences.
06-14-04
- 6-
City Engineer Hixson then provided an update of the status of the improvements at the present time.
Referring to Item 2, requiring a luminaire to be installed at the intersection of Huffine Lane and Resort Drive,
he noted there is now a contract between the developer and NorthWestern Energy to install that light. Item
7, requiring replacement of the pedestrian ramp in the northeast corner of the Fallon Street/Resort Drive
intersection, has not yet been completed, although work to replace that ramp has begun. Work began today
on Item 11, installation of the pedestrian ramps at the intersection of Granite Avenue and Ferguson Avenue,
west side. Item 12, reduction of the slope of the asphalt pathway of the drive approach at Granite Avenue
and Ferguson Avenue, has not been completed. The pathway along Ferguson Avenue, Item 14, has not
been installed. Item 15, recording drawings and inspector's diaries and executing Certificates of Completion
and Acceptance, cannot be done until all other items are completed. City Engineer Hixson noted the
pathway along Ferguson Avenue is the outstanding question. The developer would like to install the
pathway in conjunction with the completion of the Cottonwood Condos. Staff believes the pathway should
be installed with any construction on the Cottonwood Condos, irrespective of its location in the development.
Commissioner Krauss stated the pathway along Ferguson Avenue is a safety issue, so some form
of pathway installation should be required. He then questioned if landscaping is also required. City
Engineer Hixson responded the applicant is requesting a meandering asphalt pathway, which does not
require additional landscaping.
Responding to Commissioner Youngman, City Engineer Hixson said the slope of the asphalt
pathway at Granite Avenue and Ferguson Avenue exceeds ADA requirements, and the Commission doesn't
have the authority to approve something that doesn't comply with those requirements. This pathway either
needs to be reconstructed to lessen the slope, or the City needs to determine that a slope in excess of two
percent, the ADA requirement, will fall within the flexibility allowed by the ADA. It was noted on the punch
list two years ago that the cross slope was excessive and did not meet ADA requirements. City Engineer
Hixson added that every time the City does a street project, pedestrian ramps are replaced to comply with
the ADA.
Acting City Manager and ADA Coordinator Brey noted that over the years, the City has had
complaints of non-ADA compliance with the development of a property. There have been monies set aside
in the ADA fund to bring these things into compliance if it was the City's mistake; however, if the developer
did not build according to the approved plan or in accordance with staff's recommendation, that developer
had to tear the work out and rebuild it to comply with ADA requirements. In this case, the City has the
specifications of what needs to be constructed and what has been constructed. The City needs to confirm
that this slope does or does not fall within the flexibility range allowed by the ADA; and if not, the applicant
will have to reconstruct the pathway to bring it into compliance with ADA requirements. If the Commission
directs the City to pay for that reconstruction, it can; but that would be inconsistent with past practice.
Commissioner Youngman pointed out that a number of handicapped individuals use the Ridge, and
it is imperative that they be able to loop around the Ridge on the pathway safely and completely. It is simply
a public safety consideration.
Responding to Commissioner Youngman, City Engineer Hixson stated staff is comfortable with the
progress on punch list item numbers 2 and 5, item 6 either needs to be repaired or verified, and the pathway
along Ferguson Avenue must be completed prior to installation of the infrastructure for the Cottonwood
Condos. Staff would also like to see the pathway adjacent to Lot 5 put in this summer. Currently the City
has a financial guarantee that is good until January, 2005, which means it is only good for this construction
season. If desired, the City could take the financial guarantee and build the improvements this summer.
Planning Director Epple reminded the Commission that the date certain that the Development
Review Committee had recommended, and the Commission imposed, was that this pathway be installed
before work began on the Cottonwood Condos project.
City Engineer Hixson added the financial guarantee has not gotten the pathway built thus far; and
now the developer wants to do another project in this same subdivision. Therefore, staff recommends the
Commission stick with the original condition that the pathway be installed before work can be undertaken
on the Cottonwood Condos.
06-14-04
. ..-.----..--- ...-----.--
- 7 -
It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that the request
submitted by C&H Engineering for Ken LeClair and Delaney & Company, Inc., under Application No. Z-
03255A, to modify Condition No. 19 for approval of Cottonwood Condominiums major site plan to allow utility
and road construction to commence prior to completion of remaining improvements, be approved subject to
the following conditions:
1. There are improvements associated with the underlying minor subdivision which have
not been completed. Therefore, the signed contract with NorthWestern Energy must
be provided for installation of the luminaire.
2. A financial guarantee must be provided for the pathway improvements to the southern
portion of the pathway and installed no later than October 31 st.
3. The sidewalk section through the Ridge driveway must be reinstalled to meet ADA
requirements before work commences on Cottonwood Condos.
4. The northern portion of the pathway must be installed with the road improvements for
Cottonwood Condos.
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 hearing - Conditional Use Permit - allow the conversion of approximatelv 2.500 sauare feet
of retail space on Lot 1. Tai Lane Addition. into a restaurant with on-premises consumption of beer
and wine - R. Kasev Harte for David and Yvonne Jarrett (Red's on the Road. 5 Tai Lane) (Z-04077)
This was the time and place set for the public hearing on the Conditional Use Permit requested by
R. Kasey Harte for David and Yvonne Jarrett under Application No. Z-04077, to allow the conversion of
approximately 2,500 square feet of retail space on Lot 1, Tai Lane Addition, into a restaurant with on-
premises consumption of beer and wine. The proposed business is to be Red's on the Road, located at 5
Tai Lane.
Mayor Cetraro opened the public hearing.
Contract Planner Windemaker presented the staff report. She reviewed the application, noting 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. Most of the conditions are related to
cleaning up of the site, with some additional landscaping and improvements to the parking lot. There was
one condition, number 3, that the property owner had some problems with because of difficulties with
irrigating the Lincoln Road boulevard. She has offered an amendment to condition number 3 to allow a
temporary irrigation plan for the two street trees in the boulevard adjacent to the existing building and to
defer the grass and irrigation system until work occurs on the water service line located in Tai Lane or within
the building adjacent to Lincoln Road, whichever comes first.
Dave Jarrett, 74 East Fieldview Circle, stated he concurs with the staff report; and he has spoken
with the engineer today and feels the irrigation problem with the grass area on the north side can be
resolved. Therefore, they do not need the revised condition number 3; and all conditions are acceptable.
Joe Colombo, property owner at 1003 West College Street, noted he is leasing six parking spaces
from Mr. Jarrett; and he wants to make sure that is taken into consideration, so they will retain use of those
spaces in the future.
Contract Planner Windemaker responded that this was brought to staff's attention, and they are
working on revising the parking calculations. There will be plenty of spaces provided.
Since there were no Commissioner objections, Mayor Cetraro closed the public hearing.
06-14-04
--.".. -----
- 8-
It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the Conditional
Use Permit requested by R. Kasey Harte for David and Yvonne Jarrett under Application No. Z-04077, to
allow the conversion of approximately 2,500 square feet of retail space on Lot 1, Tai Lane Addition, into a
restaurant with on-premises consumption of beer and wine be approved, subject to the following conditions:
1. A 25-foot landscaped, irrigated setback shall be provided at the east and west corners
of the property along Lincoln Road. Continuous concrete curbing shall be provided
to protect these landscaped areas.
2. The northern sidewalk shall be extended to the east across this landscaped setback.
The sidewalk may meander closer to or into the Lincoln Road right-of-way to more
closely approximate the standard sidewalk location. This pedestrian facility shall be
extended with striping across Tai Lane.
3. A minimum of 3 street trees, grass, and irrigation shall be provided for the boulevard
along Lincoln Road.
4. The western drive access width shall be reduced to a maximum of 35 feet pursuant to
Section 18.44.090 of the Bozeman Unified Development Ordinance.
5. It is preferable that the width of the setback area along the western property line be
maximized to provide additional landscaped area. This will reduce the amount of
paving and possibly the size of stormwater retention/detention area required.
6. The western setback area shall be landscaped with a minimum of four elements from
column A and four elements from column B of Table 48-2 of the Bozeman Unified
Development Ordinance. For every 10 feet of width wider than 25 feet, this number
shall be increased by a minimum of two elements from each column.
7. All landscaped areas shall be provided with permanent irrigation systems in
accordance with Section 18.48.050.1 of the Bozeman Unified Development Ordinance.
8. It is preferable that the western parking lot width more closely maintain the minimum
necessary paving width of 66 feet.
9. Parking lot striping shall be provided in accordance with Section 18.46.020.G of the
Bozeman Unified Development Ordinance.
10. The westernmost side of the parking lot shall be divided into two sections by a
landscaped area of at least 8 feet in width and 18 feet in length. This area shall be
landscaped with a minimum of one large tree and six shrubs. Continuous concrete
curbing shall be provided to protect this landscaped area.
11. Parking lot curbing shall be provided around the entire parking lot, including driving
access ways, pursuant to Section 18.46.020.J of the Bozeman Unified Development
Ordinance. Unless otherwise specified in these conditions, the alternative of concrete
pindown wheel stops may be permitted along the western edge unless deemed
necessary by the City Engineer.
12. Concrete pindown wheel stops shall be provided for any parking space adjacent to a
sidewalk of less than 5 feet in width and any sidewalk that is not raised. Concrete
pindown wheel stops shall be provided for any parking space fronting into the side of
another parking space.
13. Pursuant to Section 18.42.170 of the Bozeman Unified Development Ordinance, trash
enclosures shall be constructed of solid or ornamental pierced masonry walls or other
appropriate materials, with a solid concrete floor sloped for drainage and maintenance
of sanitary conditions. Enclosures shall be architecturally compatible with the principle
structure. Enclosures shall be of sufficient height to conceal contents, including
containers, but in no case shall be less than 4 feet in height above grade.
06-14-04
- 9 -
The size of the trash receptacle shall be appropriately sized for the use and approved
by the City Sanitation Department. Accommodations for recyclables must also be
considered. All receptacles shall be located inside of an approved trash enclosure.
A copy of the site plan, indicating the location of the trash enclosure, dimensions of the
receptacle and enclosure and details of the materials used, shall be sent to and
approved by the City Sanitation Division (phone: 586-3258) prior to final site plan
approval.
14. Accessible parking shall be provided in accordance with Section 18.46.040.D of the
Bozeman Unified Development Ordinance, to include aisles, ramps, and signage.
15. Pursuant to Section 18.40.050 of the Bozeman Unified Development Ordinance,
alcohol sales for on-premise consumption, on either a temporary or permanent basis,
may not be conducted on the same lot or premises where an adult business or auto
retail fuel sale is permitted.
16. That the right to a use and occupancy permit shall be contingent upon the fulfillment
of all general and special conditions imposed by the conditional use permit procedure
pursuant to Section 18.34.100.C.1 of the Bozeman Unified Development Ordinance.
17. That 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 successors or assigns, shall be consented
to in writing, and shall be recorded as such with the County Clerk and Recorder's office
by the property owner prior to the issuance of any building permits, final site plan
approval, or commencement of the conditional use pursuant to Section 18.34.1 00.C.2
of the Bozeman Unified Development Ordinance.
18. The applicant must submit seven copies of an adequately dimensioned, to scale final
site plan within one year of preliminary approval containing all of the conditions,
corrections, and modifications to be reviewed and approved by the Planning Office.
19. A building permit must be obtained prior to the work and must be obtained within one
year of final site plan approval. Building permits will not be issued until the final site
plan is approved. Minor site surface preparation and normal maintenance shall be
allowed prior to submittal and approval of the final site plan, including excavation and
footing preparation, but NO CONCRETE MAY BE POURED UNTIL A BUILDING
PERMIT IS OBTAINED.
20. The applicant shall enter into an Improvements Agreement with the City to guarantee
the installation of required on-site improvements at the time of final site plan submittal.
If occupancy of the structure is to occur prior to the installation of all required on-site
improvements, the Improvements Agreement must be secured by a method of security
equal to one and one-half times (150%) the amount of the estimated cost of the
scheduled improvements not yet installed. Said method of security shall be valid for
a period of not less than 12 months; however, the applicant shall complete all on-site
improvements within nine months of occupancy to avoid default on the method of
security.
21. The applicant shall submit, with the application for final plan review and approval, a
written narrative stating how each of the conditions of preliminary plan approval has
been satisfactorily addressed.
22. The final site plan shall be adequately dimensioned. A complete legend of all line
types used shall also be provided.
23. A Stormwater DrainagefTreatment Grading Plan and Maintenance Plan for a system
designed to remove solids, silt, oils, grease, and other pollutants must be provided to,
and approved by, the City Engineer. The plan must demonstrate adequate site
drainage (including sufficient spot elevations), stormwater detention/retention basin
details (including basin sizing and discharge calculations and discharge structure
details), stormwater discharge destination, and a stormwater maintenance plan.
06-14-04
- 10 -
24. Sewer and water services shall be shown on the final site plan and approved by the
Water/Sewer Superintendent. City of Bozeman applications for service shall be
completed by the applicant.
25. The drive approach shall be constructed in accordance with the City's standard
approach (Le., concrete apron, sidewalk section, and drop curb) and shown as such
on the final site plan. A City Curb Cut and Sidewalk Permit shall be obtained prior to
final site plan approval.
26. City standard sidewalk shall be installed and properly depicted at the standard location
(Le., 1 foot off property line) along the street( s) frontage. Any deviation to the standard
alignment or location must be approved by the City Engineer.
27. Typical curb details (Le., raised and/or drop curbs) and typical asphalt paving section
detail shall be provided to, and approved by, the City Engineer. Concrete curbing shall
be provided around the entire new parking lot perimeter and adequately identified on
the final site plan.
28. All existing utility and other easements must be shown on the final site plan.
29. Adequate snow storage area must be designated outside the sight triangles, but on the
subject property (unless a snow storage easement is obtained for a location off the
property and filed with the County Clerk and Recorder's office).
30. Drive approach and public street intersection sight triangles shall be free of plantings
which, at mature growth, will obscure vision within the sight triangle.
31. The applicant is advised that any newly-constructed establishments responsible for
food preparation shall install an outside two-compartment grease interceptor or an
inside grease trap, as required by the City of Bozeman Building Department. Design
and installation is subject to City of Bozeman Building Department approval. In
accordance with Bozeman Municipal Code, the applicant is further advised that on-site
maintenance records and interceptor service shall be maintained on a regular basis
and made available to the City upon request.
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.
Public hearina - Certificate of ADDroDriateness to allow demolition of two wooden structures and
construction of new 32-sDace Darkina lot on DroDertv described as the south end of new librarv
site (at the intersection of East StOry Street and South Church Avenue) (Z-04112)
This was the time and place set for the public hearing on the Certificate of Appropriateness
requested by the City of Bozeman under Application No. Z-04112, to allow the demolition of two wooden
structures and the construction of a new 32-space parking lot on property described as a portion of Block
C, Rouse's Addition; portions of Blocks B, C, E and F, Rouse's Second Addition; portions of East Babcock
Street, East Olive Street, East Story Street and East Curtiss Street lying between the east line of South
Wallace Avenue and Ida Avenue; and that portion of Ida Avenue lying between the south line of East Main
Street and the south line of East Curtiss Street (at the base of Peets' Hill). The subject property is more
commonly described as the south end of the new library site, and is located along the east side of South
Church Avenue, at its intersection with East Story Street.
Included in the Commissioners' packets was a letter from Gary Gullickson and Linda Semones, 404
South Church Avenue, and Mike and Theresa Penttila, 336 South Church Avenue, forwarding a petition and
packet of information regarding the proposed parking lot. Distributed to the Commissioners during the
meeting was a letter highlighting the Recreation and Parks Advisory Board's recommendations for this
project.
06-14-04
-----
- 11 -
Mayor Cetraro opened the public hearing.
Superintendent of Facilities and Lands Goehrung distributed an abbreviated timeline and provided
the background of this project. This proposed site is one of the triangular parcels of land purchased for the
library site. The idea of a parking lot on this triangle of land goes back prior to the City acquiring the
property. When the Burke Park master plan was developed, a parking lot was included. Superintendent
Goehrung noted that in order to get a demolition permit to remove buildings in an historic overlay district,
a development plan for redevelopment of that parcel must be approved, which is why staff is developing
a design plan for this parking lot. Currently that area is a "hobo haven" and has deteriorated to such a state
that it is in the best interest of the city to get those buildings off of the property. The neighbors on South
Church Avenue have expressed concerns regarding the blockage of the alley from the north, and their
continued alley access from the south. They also have submitted seven plans for the proposed parking lot.
Superintendent of Facilities and Lands Goehrung acknowledged there has been discussion
regarding the sale of the site triangles to help fund the new library; and at the Library Board's last meeting
on June 8th, they decided on a plan that does not include the sale of the triangle parcels. The Library Board
has approved construction of this parking lot with no obligation on the part of the library. Any money from
the sale of the demolished buildings will go to the library.
Addressing the alley access, Superintendent Goehrung stated the alley was blocked off with the
development of 323 South Wallace Avenue. There are questions regarding the legal status of the alleyway,
whether or not closure of the alley was legal, and what access the City has to provide to the property owners
on South Church Avenue. If the alley is opened up, it could possibly become a default exit from this parking
lot. If the City is required to provide alley access, it can be done; it's just a matter of additional asphalt.
Commissioner Kirchhoff referred to a letter from the residents of South Church Avenue, which stated
the current owner, City of Bozeman, wants to maintain no access on the south end of the alley.
Superintendent of Facilities and Lands Goehrung stated there is no legal interpretation that says access on
the south end of the alley must be provided. There are no garages along the alley right now, and the City
has given the residents permission to use that access point. Commissioner Kirchhoff pointed out that the
parking lot is not the kind of access someone who wants to build an accessory dwelling unit would need.
In order for the residents to maximize the use of their property, they need alley access. City Attorney Luwe
stated there is a dispute between several parties as to the status of the alley; and at this point, his office is
treating this as a request to proceed. It will probably have to go to court to get the obstruction removed and
alley access restored. Commissioner Kirchhoff noted this is a significant issue that needs to be resolved
before the design of the parking lot can proceed. He questioned whether the City should go forward with
approval of this application since the access is still in question. He does not want to approve a design that
will block the access, and he suggested the Commission might want to limit its consideration to options that
provide alley access. Superintendent of Facilities and Lands Goehrung noted that could create a potential
conflict with pedestrians who are using the trails. City Attorney Luwe said he believes this issue boils down
to a dispute between those who feel the alley hasn't been vacated and others who believe it has been.
There is no legal question since the landowners have access to their property by other means.
Commissioner Kirchhoff stated the Commission shouldn't do anything with this parking lot that might deny
future property use by the landowners.
Assistant Planner Kozub presented the staff report. 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. She reviewed the proposal, noting there are 21 conditions and three code
provisions. At this time, there are no specific proposals for lighting; but any future lighting must conform to
all provisions of the Unified Development Ordinance.
Commissioner Kirchhoff asked which trailhead parking plan staff recommends conditional approval
of. Assistant Planner Kozub stated staff is recommending conditional approval of the plan which provides
33 parking spaces and is labeled "Burke Park Trailhead"; the one immediately following the staff report. The
other seven plans are not submitted as part of the actual application; they were provided for historical value
only.
Ken Sinay, 411 South Church Avenue, said he supports the proposed plan and asked the
Commission to consider this proposal to support the trail and access to Burke Park as a complement to the
neighborhood.
06-14-04
----.--.----
- 12 -
David Cook, 701 South 7th Avenue and Recreation and Parks Advisory Board member, distributed
copies of a parking lot plan that Greenspace Landscaping did voluntarily and recommendations from the
Recreation and Parks Advisory Board. This plan was discussed at the Recreation and Parks Advisory
Board meeting, and they would like the lighting to be lower and indirect. The Board is not sure how much
lighting would be necessary in a parking lot, since park use is not allowed after daylight hours. The Board
believes a smaller lot is better than the original plans for a larger lot because the library will have 144
parking spaces, which will be connected to this area by the Gallatin Valley Land Trust trail. Funding for that
trail is already available, and the Recreation and Parks Advisory Board strongly recommends the
Commission approve this project, with the Gallatin Valley Land Trust trail connecting the library and the
Burke Park area.
Commissioner Kirchhoff asked if the plan prepared by Greenspace Landscaping and the one
prepared by the Gallatin Valley Land Trust are the same plan. Mr. Cook replied they are basically the same,
but the plan prepared by Greenspace Landscaping incorporates some other trails, including a trail on the
north edge to connect with Bogert Park. Planning Director Epple acknowledged the two plans are similar,
but somewhat different; and the Commission is acting on the plan submitted by the Gallatin Valley Land
Trust.
Gary Vodehnal, Gallatin Valley Land Trust. stated he was concerned by the size of the parking lot
and the trail connections as shown on the original plan. He looked at the ideas presented at the pUblic
meeting, reviewed the neighbors concerns, and worked with Greenspace Landscaping to develop the
submitted plan. He believes Burke Park is the "crown jewel" of Bozeman and should be maintained as
such. There will be a paved, CTEP trail running from this parking lot to the library; and it should be a
beautiful spot for the public to enter the city's park system. He believes this lot is the appropriate size, even
when considering the growth of trail usage. This lot, as designed, could be a nice amenity for the
community; and he is asking for Commission support of this plan.
Jeff Ball, 323 South Wallace Avenue, endorsed the modified plan. He noted he has counted 19 cars
as the most cars he has ever seen in the existing parking lot, and he agreed there is no need for lighting
since park hours of operation are from sunrise to sunset. He encouraged the Commission to mitigate any
sort of parking lot lighting because this is one of only a few dark corners in the city. He suggested a bollard
with a key system would be an equitable and easy solution to providing alley access, while discouraging
alley traffic.
Gary Gullickson, 404 South Church Avenue, stated he has several concerns, as listed in his letter,
he would like to have addressed. He doesn't believe anyone in the neighborhood wants to say "not in my
back yard" because they all realize Peets Hill and Burke Park need to be developed. Since the beginning
of City ownership of the park, residents have had access to the alley. Now with proposed development of
the parking lot, they have been told by Superintendent of Facilities and Lands Goehrung there will be no
access for them from the south. He is concerned with the lack of alley access to the north; and nine months
after submitting a letter to the City's Legal Department, followed by repeated phone calls, he still has gotten
no response. He bought a piece of property in 1992 that had alley access, and now that access is gone.
Another of his concerns is that the parking lot proposals that came forward last fall were acceptable to those
in attendance, but they were never shown site plans for 30 spaces. Parking lot lighting was never one of
the neighborhood's recommendations, and if that proposal is sneaked in, it will further irritate the property
owners. Mr. Gullickson requested the decision on this parking lot be delayed until the alley dilemma has
been worked out; there are legal issues that need to be settled before this plan proceeds.
Kate Gardner, 1215 South Grand Avenue, said she generally supports this plan. She is here tonight
to speak in support of including the comfort station and picnic table as soon as possible, since they aren't
included in the first phase. The alley issue sounds as though it does need to be worked out prior to approval
of the plan, and she strongly urged that the scaled-down parking lot version is the one that is finally adopted.
Since there were no Commissioner objections, Mayor Cetraro closed the public hearing.
Superintendent of Facilities and Lands Goehrung stated the final map is based on the Gallatin Valley
Land Trust plan, but it also takes into consideration all engineering and planning requirements. The
neighbors discussed the fact that the area around Bogert Park has a 15 mile-per-hour speed zone; and
since a lot of pedestrian traffic is anticipated, they have suggested the 15 mile-per-hour zone be extended
to the south. He will be working with the Department of Public Service to get traffic measures implemented
to provide for pedestrian safety. Superintendent Goehrung noted alley access can still be addressed as
06-14-04
--.----.---.-----........----.-...------.....-
- 13 -
phased development is undertaken; the intent right now is to try to get these dilapidated buildings down and
off the property. Staff needs to make sure that if alley access is provided, cars aren't able to get into an
area that doesn't have an exit.
Commissioner Kirchhoff reiterated his concern that people have the ability to utilize their property,
but how that happens isn't up for discussion this evening. He wants to make sure that without a condition
requiring alley access, that issue can be resolved through the proper channels without further Commission
review.
Commissioner Krauss questioned who owns this property. Acting City Manager Brey responded that
the City of Bozeman, in the name of the Library, owns the land. Commissioner Krauss noted that nothing
in the ballot language approved by the citizens discusses acquiring any land, trails, park, park access, or
park parking lots. Acting City Manager Brey stated it could be construed that the design element of the
library will encompass what to do with the rest of the property that is not used by the library. It will be a
matter for the Commission to determine if this should be considered as part of the library plan, or an asset
belonging to the library, for which they will seek reimbursement. Commissioner Krauss stated he remains
concerned because the citizens were told the funds they approved will be used to build a library, and there
are still a considerable number of issues to be resolved before getting a new library. Therefore, he believes
it is premature to carve off a piece of land to use for parks and trails when the City doesn't have a land
appraisal or knowledge of what value it could be impairing. He can envision that somewhere down the road,
it might be necessary to add on to the existing library; and this parcel will have to be sold to pay for that.
Commissioner Krauss noted that while it is fine to demolish the buildings and give the proceeds to the
library, the most important thing, to him, is that the City told the citizens the money would be used to design,
construct, and equip a new library or an extension to the existing library; and the City must remain true to
that.
Commissioner Youngman asked if Commissioner Krauss would be agreeable to inclusion in the
motion that the value of this property will be determined; and the library will be reimbursed for the land,
which would honor the ballot language. Commissioner Krauss responded that this is library land that is to
be used for the new library. Commissioner Youngman then pointed out that access to the library will be
enhanced with foot traffic coming from the south and the overflow parking. Also, the Library Board has
supported the use of this parcel for the parking lot.
Commissioner Kirchhoff said he believes there is land here in excess of library needs; and the library
and the City are co-owners of this property, with the library having a lot of autonomy over the property. He
feels honoring the ballot language doesn't extend to every phase of what the library wants to do with this
property. If the library has made this decision in autonomy, they can also make the decision to forego extra
use of this property. He doesn't see the need for reimbursement to the library because this is extra land.
Commissioner Youngman noted the library plan does encompass a plan for additional parking and
an addition to the building, and this piece of land is beyond their needs. This is public property that is being
used to remedy a situation that isn't very safe right now.
Commissioner Kirchhoff added this should be considered as an extension of the library site plan
because the trail joins the library with the park. He believes this is a direct enhancement to the overall
value of the library site plan and the community.
Commissioner Krauss stated he feels that if there were a library sitting on this property, he would
agree this might be considered an enhancement to the library; but there are numerous issues to be resolved
before a new library is built on this site. It wasn't the Library Board that put this issue before the voters, it
was the Commission; and voters were given two choices: either construct a new library or expand the
existing library. The library might need the value of this parcel of land to pay for a new or expanded library
in the future.
Commissioner Kirchhoff responded the library will still have to work within their budget, and this
doesn't impede the library from going forward. If the library is willing to forego this, realizing there is a
potential value of this parcel to the library, the Commission should abide by that.
Commissioner Youngman added the library could still sell this parcel, or expand over it, at any time
it chooses. Even if this parking lot is constructed, this land is still available to the library at any time.
06-14-04
- 14 -
Commissioner Krauss said he believes the City told the public this property was purchased for $4
million, through the ballot issue, and that all of it would be used for the library. Until the library is built, the
City doesn't have the luxury of taking pieces away. It is fine to demolish the buildings, but a plan needs to
be developed to reimburse the library and the public if this parcel is used for a parking lot.
Commissioner Hietala voiced his agreement with Commissioner Krauss.
Commissioner Youngman noted she would like to check with the City Attorney's office to see what
legal footing the City is on regarding reimbursement of the library for this site to be used for another purpose
for the benefit of the city. City Attorney Luwe responded he would want to check with the City's bond
counsel on some of these issues, including how the bond is structured; and he would like adequate time
to be able to do that. He will also find out if the City has to reimburse the library if any portion of that land
is sold.
Acting City Manager Brey suggested the Commission may want to consider this a land-use issue
and invoke the one-week waiting period for making a decision. The demolition of the buildings is the
primary item to be dealt with now; it doesn't make sense to allow these buildings to remain since they are
a public hazard. The Commission can give staff permission to demolish the buildings now and defer its
decision on the parking lot until another library bid is received.
Responding to Commissioner Youngman, Superintendent of Facilities and Lands Goehrung stated
if demolition proceeds this season, it will be done by staff; and the removal and sale of the debris will be bid
out.
It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the
Certificate of Appropriateness requested by the City 0 f Bozeman under Application No. Z -04112, be
approved by allowing the demolition of two wooden structures on property described as a portion of Block
C, Rouse's Addition; portions of Blocks B, C, E and F, Rouse's Second Addition; portions of East Babcock
Street, East Olive Street, East Story Street and East Curtiss Street lying between the east line of South
Wallace Avenue and Ida Avenue; and that portion of Ida Avenue lying between the south line of East Main
Street and the south line of East Curtiss Street (at the base of Peets' Hill), subject to the following
conditions:
1. Prior to demolition, the City shall provide written and photographic documentation
regarding the wooden storage buildings.
2. The City shall install an interpretive sign explaining the history of the site, specifically
the use of the coal bins, at the time site improvements are undertaken.
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.
The Commission delayed action on the construction of a new parking lot and related site
improvements at the base of Peet's Hill until after legal staff has provided its report on the outstanding
concerns and issues.
Break 9:45 - 9:55 pm
Mayor Cetraro declared a break from 9:45 pm until 9:55 pm in accordance with Commission policy.
Public hearina - amendments to the Bozeman Creek Neiahborhood Plan. primarilv to Chapter 5.
Implementation. to include a more detailed implementation strateav (area qenerallv south of East
StOry Street. north of Kaav Boulevard. west of South Church Avenue and east of homes alona South
Rouse Avenue) (P-02047A)
This was the time and place set for the public hearing on amendments to the Bozeman Creek
Neighborhood Plan, under Application No. P-02047A, primarily to Chapter 5, Implementation, to include a
more detailed implementation strategy. The area subject to this plan is located generally south of East Story
06-14-04
- 15 -
Street, north of Kagy Boulevard, west of South Church Avenue and east of the homes along South Rouse
Avenue.
Included in the Commissioners' packets were a memo from Frank Munshower, Chair of the
Bozeman Creek Neighborhood Association, dated June 7, forwarding the Association's support for the
amendments and asking a nine-month moratorium on new development in the Bozeman Creek corridor;
and a letter from Brock Albin, dated June 9, expressing concerns about the proposed amendments.
Mayor Cetraro opened the public hearing.
Associate Planner Sanford reminded the Commission the plan was originally adopted on January
4, 2004, then reconsidered on January 12th; and at that time staff was instructed to convene a group of
stakeholders and develop a detailed implementation plan and a map that addressed existing uses. The
stakeholders met on two occasions and produced two products; a revised, detailed implementation plan and
a revised preferred alternative map. Both were presented to the Commission on March 8th, and the
Commission was generally supportive of these materials. Now the City is going through the process of
amending the adopted plan to include these two materials; and staff is recommending inclusion of the 21
amendments as listed in her memo of June 9th, which are minor edits to the plan.
Frank Munshower, 1407 South Bozeman Avenue and chair of the Bozeman Creek Neighborhood
Association (BCNA), read a letter of support, without reservation, for the amendments as submitted from
the BCNA and noted the Association will be requesting a moratorium on new development in the corridor.
He suggested the Commission vote on the amended plan and get the current development interests ironed
out before voting on the requested moratorium.
Bart Manion, 425 East Lincoln Street, noted he presently has an application on file with the Planning
Department to build four duplex units of eight condos. He wants to make sure that if these amendments
are adopted, it will still be recognized that numerous people have private property rights in this corridor and
that those rights will be respected. He respects what the neighborhood association desires, but he would
like them to respect his right to develop his property.
Ted Lange, Gallatin Valley Land Trust, stated he participated in the working group who helped
develop this plan. The additions to this plan provide the public with a clearer picture of how these things
can actually be achieved. The implementation plan focuses on finding ways to reimburse willing landowners
for open space. One of the topics of discussion was what the City will be committing to if this plan is
approved. A better picture of that is emerging as the implementation strategies are further discussed and
conversations are held with the landowners. Burke Park, which has become one of Bozeman's most
treasured parks, is celebrating its tenth anniversary as a city park; and it would be too bad to stand in Burke
Park, one of the city's greatest achievements, and look down on one of its greatest failures.
Jesse Sobrepena, 3515 Fieldstone Drive West, noted people have appreciated the beauty of this
property for many years; but everyone must remember that this is people's private property and their rights
must be respected; this is not development by committee. He then advised the Commission to be very
cautious how it approaches this plan and to be mindful of personal property rights.
Joel Louden read a statement, which was distributed to the Commission just prior to the meeting,
on behalf of William and Pamela Phillips asking the Commission to not oppress property owners and their
rights to their property and expressing their opposition to any moratorium on development of their property.
Mr. Louden stated that Bozeman Creek is far from pristine, and he believes Mr. Manion's plan will turn this
area into a real asset. Mr. Manion plans to restore the creek and the wetland, which will reduce pollution.
Joby Sabol, representing the Edgewater Condo project, reiterated comments made by Mr. Manion,
adding he hopes the Commission will acknowledge that the Edgewater Condo project was submitted to
Planning on May 3rd and any plan or moratorium enacted now would not affect that project.
Jimmy Pepper,1322 South Rouse Avenue, thanked the Commission for their work and
perseverance. He suggested the Commission needs to take the long view on this particular project and
encouraged the Commissioners to do so. A majority of the landowners support the Bozeman Creek
Neighborhood Plan, and the City needs to give the plan time to come to fruition. A majority of property
owners have also imposed upon themselves a moratorium on development of their property. Mr. Pepper
noted that, as a property owner and member of the Advisory Council, there has been NO effort to take any
06-14-04
_____..._____u____ .. ...-...."".--....."'..--------
- 16 -
property rights from anyone, and the moratorium is only self imposed by those property owners wishing to
do so. He acknowledged the BCNA did ask the Commission to consider a broader moratorium, but they
believe that to be improper at this time because of the pending Edgewater Condo project. He believes all
property owners can be made whole economically, and he encouraged the Commission to exercise vision
and leadership in this matter by supporting this implementation plan and allowing time for its realization.
McRay Evans, 1524 South Rouse Avenue, stated he would like to say "amen" to everything that Mr.
Manion said. He, too, believes this corridor should be allowed to develop a little bit and the property owners
should be compensated somewhat. He would love to one day build a house and watch the creek and
wildlife.
Bob Sobrepena, 1417 South Church Avenue, said his family has lived there all their lives and
now someone is trying to tell him that he can't do what he wants to with his property. He noted he just wants
to retire, but he doesn't have the money to retire because he can't build on his property. Mr. Sobrepena
stated people are requesting time before development occurs, but his family bought this property in 1963
and it was available to anyone who wanted to purchase it. Mr. Manion proposed to him that they join
together to build duplexes on their properties, and he agreed. They are not going to ruin the entire property
they own, they're only going to take a little piece of it; and the wildlife will be preserved. He suggested that
if someone wants to buy his property, he wants to be fully compensated for its worth. Mr. Sobrepena closed
by saying he is doing what he thinks is right, and this piece of ground is all he has.
Berit Manion, 425 East Lincoln Street, stated she doesn't have a problem with the Bozeman Creek
Neighborhood Plan itself or the amendments as long as they respect development rights, property rights,
and the project they are considering. She and her husband are not interested in selling their development
rights, and they don't want to be forced to sell those rights. They want their private property rights protected
and respected.
Since there were no Commissioner objections, Mayor Cetraro closed the public hearing.
Commissioner Youngman stated the amendments are excellent and accomplish the position the
Commission had outlined. She said she is not sure why the property owners are worked up about this plan
because there is nothing in this plan that negatively impacts property rights, and language was added to
make sure there is no confusion that property rights would not be affected in any way. She added she
would like to give the neighborhood, the land trust, and other groups an opportunity to make the
conservation effort work.
Commissioner Krauss noted plans are just plans, and they change and are not sacred documents.
The vote tonight is not on the Manion/Sobrepena project or the moratorium, and he acknowledged alot of
changes have been made to this plan. The plan recognizes the rights of property owners and also creates
a hierarchy of how open space and trails are created through donated land, land purchase, fee title
acquisition, and so forth. This plan puts the onerous on the people who want to preserve this area and
provides guidelines for how to do it. Commissioner Krauss indicated his support of this plan.
Commissioner Hietala stated he does not support this plan because he is not happy with the
process, saying it has been very extended, given the limited number of property owners involved. He
believes this is about property rights, and there is some fairly strong language in this plan that says the City
and County will discourage and give low priority to any zoning emendations that increase densities in areas
earmarked for open space, parkland, and trail easements. Commissioner Hietala noted he did, by
invitation, walk this area; and he could see that the open space corridor could be a tremendous thing, so
he hopes it will work out.
Mayor Cetraro agreed with Commissioner Hietala's comments.
It was moved by Commissioner Kirchhoff, seconded by Commissioner Krauss, that the amendments
to the Bozeman Creek Neighborhood Plan, under Application No. P-02047A, primarily to Chapter 5,
Implementation, to include a more detailed implementation strategy, be approved and that staff be directed
to bring back a resolution enacting the amendments and updating the zoning in the North Christie Park
neighborhood. The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Kirchhoff, Commissioner Krauss, and Commissioner Youngman; those voting No being Commissioner Hietala
and Mayor Cetraro.
06-14-04
- 17 -
Break 10:28 - 10:31 pm
Mayor Cetraro declared a break from 10:28 pm until 1 0:31 pm in accordance with Commission policy.
Authorize Actina City Manaaer to sian - revised Memorandum of Aareement on Downtown Parkina
Garaae between City of Bozeman and The Garaae at City Center (TGCC)
Included in the Commissioners' packets was a memo from Acting City Manager Ron Brey, dated
June 10, forwarding the revised Memorandum of Agreement on Downtown Parking Garage between the
City and The Garage at City Center.
Acting City Manager Brey reminded the Commission that on April 19th they authorized him to sign
the Memorandum of Agreement contingent upon signing the lease agreement, with the likelihood that bond
counsel would alter the original memorandum. Both parties have been working with bond counsel; and
there have been lots of changes, but staff has been mindful of the Commission's original parameters of
authorization to proceed. One item outside of the original parameter is that TGCC would be responsible
for any costs exceeding the cap unless modified by both parties. Bond counsel felt the agreement should
more clearly spell out how the Construction Manager at Risk will be utilized. The agreement has been
modified to say that if the bids exceed the cap, the project will be scaled back unless otherwise agreed to
by both paries. After the bids are accepted, the Construction Manager at Risk shall provide TGCC with a
guaranteed maximum price contract. This agreement also spells out remedies in the event of a cost
overrun. While it seems like a minimal risk, it is outside the parameters of what the Commission endorsed
on April 19th. He is comfortable that this is a better document than the one approved on the 19th of April.
Acting City Manager Brey noted a similar exercise will be undertaken with bond counsel at the time the
lease is written.
City Attorney Luwe agreed with Acting City Manager Brey that working with bond counsel has
resulted in a better agreement than the original. Staff's concern was to protect the tax status of the bonds,
which has been done. It will take another month or so to finalize the lease agreement.
Commissioner Krauss disqualified himself from acting on the matter due to a conflict of interest.
It was moved by Commissioner Hietala, seconded by Commissioner Youngman, that Acting City
Manager Brey be authorized to execute the revised Memorandum of Agreement on Downtown Parking
Garage between the City and The Garage at City Center. The motion carried by the following Aye and No
vote: those voting Aye being Commissioner Hietala, Commissioner Youngman, Commissioner Kirchhoff, and
Mayor Cetraro; those voting No, none. Commissioner Krauss abstained.
Discussion re selection of new City Manaaer
Responding to Mayor Cetraro, Commissioner Youngman indicated she is prepared to select a City
Manager at this time.
Commissioner Krauss suggested that the pool be narrowed to two candidates, with background
checks and possibly psychological profiles done prior to making the final decision.
Commissioner Youngman responded she does not believe a background check is needed, given
the fact that the Commissioners already know several of the candidates. She then proposed that the
Commission consider a special meeting at mid-week so that this issue is not being addressed at the same
time as several major development proposals.
Responding to Commissioner Krauss, Acting City Manager Brey suggested that, once the
Commission has made its decision, two of the Commissioners be selected to enter into negotiations with
the selected candidate.
Commissioner Hietala indicated an interest in meeting at mid-week to make a decision.
06-14-04
--.-.-.. .... ....-,,-.......-.-..--.----.--.
- 18 -
Responding to Commissioner Kirchhoff, Commissioner Youngman stated that when Clark Johnson
was hired, background checks were done.
Acting City Manager Brey cautioned that background checks cannot now be performed until the
Commission has made its selection.
Commissioner Krauss indicated he feels the candidate list can be narrowed to Chris Kukulski and
Steve Johnson, based on the steps the Commission has taken to date.
Commissioner Kirchhoff indicated his concurrence with those candidates, in that order. He noted
that he was impressed with several comments that Don Stueck made, but was taken aback by how
forthright he was about the needs pressing on the City. He noted that Chris Kukulski reflects eagerness,
competence, legislative success, and experience in a divisive community.
Commissioner Youngman voiced her support for Chris Kukulski, noting he really stood out through
the process. She noted he went through a rational process of what the community needs right now as well
as what it needs next; he has excellent communication skills; he is gifted at building cooperation; he has
an interest in economic development; he has remarkable City Manager skills; and he has open and
innovative approaches to public/private cooperation. She indicated that, for her, Steve Johnson ranks a
solid second; and the other two are also outstanding candidates and have gifts that would be an asset to
the community. She concluded by stating she feels Chris is the right fit for what Bozeman needs right now.
Further, the public input ranking came out in favor of Chris.
Commissioner Hietala noted those same comments could be made about Don Stueck, although he
agrees that they apply to Chris Kukulski as well. He noted that Chris has been through similar experiences
and has "a lot of fire in his belly"; however, he feels that Don Stueck could save the city a lot of money. He
then indicated that he could also support David Hales because he has dealt with adversity in a much more
growth-oriented situation than Bozeman is experiencing. He concluded by noting that Steve Johnson is also
a good candidate.
Mayor Cetraro stated he feels that Steve Johnson and Don Stueck would be the best fit for Bozeman
and suggested that Steve could be hired as City Manager with Don hired as the City's Facilities Manager,
to manage the growth.
Commissioner Krauss noted that if the Commissioners were not taken aback by Don Stueck's
comments about the City's vulnerability, they should be. He expressed appreciation for Don's love of the
community and his wanting to do something positive for the city. He felt, however, that Chris Kukulski was
the best in the interview process and had some of the tougher answers. He voiced his strong interest in
bringing in Don Stueck to oversee upcoming projects, suggesting that he could save the city enough money
to pay for his salary.
Mayor Cetraro stated he feels that Steve Johnson and Don Stueck would set the bar high and would
not be "five and out".
The Commissioners briefly discussed the fact that some negative comments were received during
the reference checks and in the public input. Several of the Commissioners recognized that a negative
comment isn't necessarily bad and may, in fact, reflect on the individual making the comment.
Commissioner Youngman voiced her appreciation for Chris Kukulski's work with the group that broke
off from the Kalispell Chamber of Commerce and his efforts to cultivate a working relationship with them.
She then noted the two local candidates had specific examples and drew parallels between the questions
and their experiences; however, she did not find the level of specificity and good examples in their
responses that she found in Chris's.
Commissioner Krauss stated he finds project management is critical to the City, and Don Stueck
sees that need as well. He then noted that Steve Johnson was persuasive and has good community
outreach.
Commissioner Kirchhoff noted that the Commissioners heard from all of the finalists that they want
to come into a supportive environment.
06-14-04
..__.__. __m_n___
- 19 -
Responding to Commissioner Youngman, Acting City Manager indicated that background checks
can be conducted once the Commission reaches its conclusion. He suggested that, if the Commission
selects a final candidate, it be subject to successful contract negotiation and a background check.
Following a brief discussion, the Commissioners decided to proceed with the selection of a City
Manager, if at all possible, during this meeting.
Break -11:17 to 11:32 p.m.
Mayor Cetraro declared a break from 11 :17 p.m. to 11 :32 p.m., to give the Commissioners an
opportunity to review the public input forms.
Discussion (continued) re selection of new City Manaaer
Mayor Cetraro noted the Commission has a great pool of applicants from which to choose, with each
one bringing a lot to the table.
It was moved by Commissioner Krauss, seconded by Commissioner Youngman, to direct staff to
make a conditional offer of employment as the City Manager to Chris Kukulski, subject to successful
contract negotiations and background check. The motion carried by the following Aye and No vote: those
voting Aye being Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff, and
Commissioner Hietala; those voting No being Mayor Cetraro.
It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, to endorse the
selection of Chris Kukulski as the new City Manager by acclamation.
Acting City Manager Brey suggested that two Commissioners be selected to serve on the negotiating
team, noting that in the past the Mayor and Mayor Elect have served in that capacity. He reminded the
Commissioners that if negotiations with Mr. Kukulski are not successful, the Commission has three viable
candidates remaining.
City Attorney Luwe noted that the negotiated contract must come back to the Commission for review
and approval.
It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, to appoint and
authorize Mayor Cetraro and Mayor Elect Krauss to negotiate a contract with Chris Kukulski, which will be
brought before the Commission for final approval. 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.
Discussion - FYI Items
The following "For Your Information" items were forwarded to the Commission.
(1 ) Letter from Richard Smith, President of the Southwest Montana Building Industry Association,
noting a number of issues have arisen regarding parkland requirements and the impacts to multi-family and
affordable housing projects.
(2) Memo from Neighborhood Coordinator Tracy Oulman, dated June 9, indicating no speed
humps will be installed on North 21st Avenue since an inadequate percentage vote in favor of their
installation.
(3) Updated listing of planning projects to be considered at upcoming Commission meetings,
dated June 14, 2004.
(4) Agenda for the School District NO.7 Board of Trustees meeting to be held at 7:00 p.m. on
Monday, June 14, at the Willson School.
06-14-04
- 20-
(5) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, June 15,
at the Courthouse.
(6) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on
Tuesday, June 15, at the Professional Building.
(7) Agendas for the Zoning Commission meeting to be held at 7:00 p.m. and the City Planning
Board meeting to be held at 7:30 p.m. on Tuesday, June 15, in the Commission Room.
Acting City Manager Brey offered the following FYI items: 1) Encouraged the Commissioners to
advise staff of any items they would like to have removed from the Consent Agenda before 4:00 pm on
Monday to provide staff the opportunity to get the information the Commission desires. 2) Staff will internally
adopt a policy that for changes to ordinances or resolutions, deletions will be underlines and strikeouts will
show as strikeouts or perhaps shading, which might show up better.
City Attorney Luwe noted the following during h is FYI: Next Monday evening there will be an
executive session with Mr. Planalp to update the Commission on the impact fee negotiations.
Director of Public Service Arkell, during her FYI, informed the Commissioners the Hyalite Reservoir
now has an adequate level of water.
Commissioner Kirchhoff offered the following during his FYI: He will contact the County Commission
office regarding a joint City/County Commission meeting on June 16th.
During his FYI, Commissioner Krauss noted the following: NorthWestern Energy creditors have
apparently decided to accept the company's reorganization plan, and they will made a decision in the fall
whether or not they want to sell the assets.
Commissioner Hietala offered the following FYI item: He finds it confusing that the budgets of the
TIF, IDB, and BID are all separate, when he believes they should be consolidated to provide the
Commission with the overall big picture. Acting City Manager Brey responded they are not consolidated
because they come from different revenue streams. He will advise the boards that the Commission would
like them to provide a consolidated document. With the commitment to the parking garage, it will be
important to rein in the expenses for the IDB.
Adiournment - 11 :57 D.m.
There being no further business to come before the Commission at this time, it was moved by
Commissioner Kirchhoff, seconded by Commissioner Hietala, that the meeting be adjourned. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner
Hietala, Commissioner Krauss, Commissioner Youngman, an Mayor Cetrar . those voting No, none.
~
j ..
---,.,.
AN
~ST
R ~~~~~
Clerk of the Commission
PREPARED BY:
~ 1_ \ ~tY<fb(j~ }11 M~
M EN L. DeLA THOWER
Deputy Clerk of the Commission
06-14-04