HomeMy WebLinkAbout2004-05-03 Minutes, City Commission
MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
May 3, 2004
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The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal
Building, on Monday, May 3, 2004, at 6:00 p.m. Present were Mayor Andrew Cetraro, Commissioner Jeff
Krauss, Commissioner Marcia Youngman, Commissioner Steve Kirchhoff, Commissioner Lee Hietala,
Acting City Manager Ron Brey, Director of Public Service Debbie Arkell, Planning Director Andy Epple, City
Attorney Paul Luwe and Clerk of the Commission Robin Sullivan.
Signina of Notice of Special Meeting
Each of the Commissioners, in turn, signed the Notice of Special Meeting.
Staff presentations re department budaet reauests for Fiscal Year 2004-2005: (1 )City Commission.
(2) City Manaaer and (3) City Attorney
City Commission. Clerk of the Commission Robin Sullivan reminded the Commissioners that this
budget unit includes both the City Commission and the Clerk of the Commission office. She distributed an
information sheet highlighting current issues and the five-year picture for her office. She noted that in 1981,
the office had 1 3/4 employees; in 2004, it has 2 employees. Requests for additional personnel in each of
the past three years have gone unfunded; and the personnel are unable to keep up with the current
workload, with the backlog growing daily. Major projects that have been delayed due to the lack of staff
include bringing the codification in house and implementation of a records management program.
The Clerk noted that the Commission has received several requests for funding; it has already
approved $2,000 for the Montana Spay and Neuter Clinic, and the requests from GalaVan and the Montana
Center for International Visitors are yet to be addressed.
Acting City Manager Brey cautioned that this year it is anticipated the requests for funding will
significantly exceed available funds, particularly in the General Fund, and any prior approvals will be sUbject
to there being adequate monies.
City Attorney. City Attorney Luwe distributed copies of his power point presentation. He briefly
highlighted the staffing in his office, noting that the staff is responsible for both criminal and civil activities.
He stressed that the criminal justice system is a three-legged stool; and it is imperative that the Police
Department, the Municipal Court, and the City Attorney's office, through its prosecution, work together
effectively.
The City Attorney highlighted the vision, mission and goals for the department, noting they are
designed to integrate into the City's vision, mission and goals. He then highlighted the attorney assignments
to various departments and activities, noting that the current assignments have evolved over time. He
stated that the three staff attorneys have all been assigned to civil activities, with Susan Wordal retaining
a portion of the prosecutor duties. A majority of those duties have been contracted out, and he suggested
that hiring a new attorney with relatively little experience to assume those duties could result in lowered
costs and ensure that the prosecution remains value driven. '
Responding to Commissioner Kirchhoff, the City Attorney stated that a good hiring process will yield
good people; and he feels that a qualified prosecutor could be attracted for a $32,000 a year salary.
City Attorney Luwe stressed the importance of a new work area for the City Attorney's office, stating
that the current configuration of offices, with other administrators in the same area, could lead to ethical and
criminal violations as a result of accidental disclosures of confidential information. He suggested that the
configuration of new offices on the second floor of the Professional Building could help to alleviate potential
problems.
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City Attorney Luwe concluded by turning his attention to the amount budgeted for contracted
services. He noted that, to balance the budget last year, the monies for contracted services were eliminated
from his budget. but the use of contract attorneys has continued. As a result, the Commission will see a
budget amendment at the end of this fiscal year to cover those costs; and monies will need to be budgeted
for this upcoming year.
City Manager. Acting City Manager Ron Brey stated the City Manager's office is not an extensive
program, cautioning that the budget for the upcoming year must provide for the needs of the new City
Manager and getting that individual up to speed in the organization. He has retained membership in the
ICMA, since the previous City Manager chose not to do so, and if an experienced City Manager is hired, he
anticipates that individual will want to attend the national conference. He then noted that in 2002, former
City Manager Clark Johnson identified the need for leadership training for mid-management and upper level
management staff, not just technical training. One of those learning opportunities was the Leading,
Educating and Developing (LEADS) program, which was brought to Big Sky; and the City is beginning to
see the results of that training through increased inter-departmental cooperation. He noted that when the
new City Manager comes on board, it will be important to provide the new individual with at least exposure
to that training.
The Acting City Manager noted that. from a personnel standpoint, there is one change; and that is
permanently budgeting for the Neighborhood Coordinator in the City Manager's budget rather than moving
it to the Planning Department. Also, the GIS Manager has been moved into the IT department, which is
under the City Manager's budget. He noted that not much equipment is anticipated in the City Manager's
office outside of meeting the needs of the IT department. He then noted that the City's communications
system is top quality, with not much need expected in that area.
Acting City Manager Brey stated that, what has not yet been done is getting philosophical and policy
direction from the Commission, noting that is needed so staff can start shaping a balanced budget. He
reminded the Commission that a variety of formats have been tried over the years, noting that when it was
anticipated the City was in good shape financially, only one or two of the top twenty-something projects
could be funded; and that has led to frustration for both the Commission and the staff. This year, the City
is facing contract commitments of 5-percent wage increases and other funding needs that will leave little
to no money for discretionary spending.
The Acting City Manager concluded by noting that staff will seek Commission direction at the May
17 meeting, and will then use that direction to prepare a balanced budget for the upcoming fiscal year.
Responding to requests from Commissioner Hietala and Commissioner Youngman, the Acting City Manager
indicated he will provide a list of outstanding questions on which staff is seeking direction and provide a
summary of the budget constraints prior to the May 17 meeting.
Break - 6:55 to 7:00 p.m.
Mayor Cetraro declared a break from 6:55 p.m. to 7:00 p.m., to give the Commission an opportunity
to prepare for the formal meeting.
Call to Order. Pledae of Alleaiance and Moment of Silence
The meeting was opened with the Pledge of Allegiance and a moment of silence.
Minutes - April 19 and April 26. 2004
Mayor Cetraro deferred action on the minutes of the meetings of April 19 and April 26, 2004, to a
later date.
Consent Items
Acting City Manager Brey presented to the Commission the following Consent Items.
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Proclamation. "National Public Works Week" . Mav 16.22. 2004
Authorize Actina City Manaaer to sian. Settlement Agreement between the City of
Bozeman and Williams Plumbina. Heatina and Utilities. Inc.. Bozeman.
Montana. for Wastewater Treatment Plant Modifications. Phase I
Ordinance No. 1613 . Zone Map Amendment. establishing initial municipal zonina
desianations of "R.O" and "R.3" on 39.92.acre parcel described as Tract A.
COS No. 2389 (north side of Durston Road at Cottonwood Road extended):
finallv adopt
ORDINANCE NO. 1613
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
AMENDING THE CITY OF BOZEMAN ZONE MAP AND ESTABLISHING AN INITIAL
MUNICIPAL ZONING DESIGNATION OF "R.O" (RESIDENTIAL OFFICE DISTRICT) ON
THE NORTH 10.96 ACRES AND "R.3" (RESIDENTIAL MEDIUM DENSITY DISTRICT) ON
THE SOUTH 28.96 ACRES LEGALLY DESCRIBED AS TRACT A, C.O.S. 2389, LOCATED
IN THE SE%, SECTION 4, T2S, R5E, P.M.M., GALLATIN COUNTY, MONTANA.
Ordinance No. 1614. establishing initial municipal zonina desianation of "R.3" on
1 0.0611.acre parcel located in the SE%. SW%. Section 35. T1 S. R5E. MPM
flvina alona north side of Baxter Lane. west of Thomas Drive): finallv adopt
ORDINANCE NO. 1614
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
AMENDING THE CITY OF BOZEMAN ZONE MAP AND ESTABLISHING AN INITIAL
MUNICIPAL ZONING DESIGNATION OF "R.3" (RESIDENTIAL MEDIUM DENSITY
DISTRICT) ON 10.06 ACRES LOCATED IN THE SE%, SW%, SECTION 35, T1S, R5E,
P.M.M., GALLATIN COUNTY, MONTANA.
Application for Liauor License . Don E. Cape. Jr.. Spirited Holdinas. Inc.. for Old
Chicago Pizza: approval continaent upon receipt of State liauor license and
satisfvina all conditions of planning/zonina approvals
Approval of Depositorv Bonds and Pledaed Securities as of March 31. 2004. as
reviewed by Commissioner Younaman and Commissioner Kirchhoff
Claims
It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the
Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to
complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye
being Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala
and Mayor Cetraro; those voting No, none.
Public comment
No comment was received under this agenda item.
Ordinance No. 1612. amendina Chapter 8.12 of the Bozeman Municipal Code prohibitina sale of
fireworks within city limits and establishing regulations reaardina the discharae of fireworks within
city limits
Previously distributed in the Commissioners' packets was a copy of Ordinance No. 1612, entitled:
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ORDINANCE NO. 1612
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
AMENDING CHAPTER 8.12 OF THE BOZEMAN MUNICIPAL CODE BE AMENDED BY
REVISING SECTIONS 8.12.0120, 8.12.020, 8.12.030, AND BY ADDING SECTIONS
8.12.040, 8.12.050., 8.12.060, 8.12.070; PROVIDING FOR REVISED DEFINITIONS,
PROHIBITING THE SALE WITHIN THE CITY
LIMITS AND ESTABLISHING
REGULATIONS REGARDING THE DISCHARGE OF FIREWORKS.
Acting City Manager Ron Brey noted that, included in the Commissioners' packets was a memo from
Director of Public Safety Mark Tymrak identifying the fiscal impacts of enforcing this ordinance.
Staff Attorney Susan Wordal noted that this ordinance includes one addition since its provisional
adoption, to stipulate that fireworks under this ordinance are not a violation of the noise ordinance.
Commissioner Youngman suggested that this ordinance be posted at all fireworks booths; however,
she suggested that a simple sign also be posted telling what is legal within city limits because no one will
stop to read the ordinance. She then responded to Director of Public Safety Tymrak's memo, suggesting
that to start active enforcement after 10:00 p.m. may be most effective, particularly since the serious
violations are those that wake people up.
Acting City Manager Brey noted the figures in the Director's memo are worst case scenario. He
noted that the shooting of fireworks begins sporadically and builds to a crescendo; and that is when he
anticipates the bulk of enforcement will begin. He then noted that next year, the City will have a year of
historic data on which to project costs.
Responding to Commissioner Kirchhoff, the Acting City Manager indicated that the pOlice plan to
come out early with a strong enforcement program, noting that people need to know there is a new law on
the books. He then noted that, during this first year, there may be a greater law enforcement presence than
in future years.
Commissioner Kirchhoff expressed his support for this approach to the enforcement issues, stating
he feels it is appropriate and will help to address some of the citizens' concerns.
Commissioner Youngman voiced her appreciation for emphasis on special enforcement.
It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that Ordinance
No. 1612, prohibiting sale of fireworks within city limits and establishing regulations regarding the discharge
of fireworks within city limits, be finally adopted. The motion carried by the following Aye and No vote: those
voting Aye being Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss and Mayor Cetraro;
those voting No being Commissioner Youngman.
Commission Resolution No. 3683 - riaht-of-wav acauisition for West Babcock Street imorovements
along Parcel 19 under eminent domain orovisions of Bozeman Municioal Code - Conrad Yeraer. Jr.
and Lillian M. Yerger. husband and wife. as ioint tenants
Included in the Commissioners' packets was a copy of Commission Resolution No. 3683, entitled:
COMMISSION RESOLUTION NO. 3683
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
PURSUANT TO BOZEMAN MUNICIPAL CODE CHAPTER 11.01, EMINENT DOMAIN,
DECLARING PUBLIC PURPOSE AND USE, DESCRIBING THE PROPERTIES TO BE
TAKEN AND AUTHORIZING CITY OFFICIALS TO PROCEED.
Acting City Manager Ron Brey reported that Staff Attorney Patricia Day-Moore has been working
continuously with representatives of the individuals involved in this agenda item as well as the next two
agenda items. He reported that, as of this afternoon, it appears the City has reached a tentative settlement
agreement with these three parties, and recommended that the Commission act on each of these
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resolutions individually, moving to table them indefinitely to give staff an opportunity to proceed with a
settlement agreement.
It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that Commission
Resolution No. 3683, stating the City's intent to acquire right-of-way for West Babcock Street improvements
along Parcel 19 from Conrad Yerger, Jr. and Lillian M. Yerger, husband and wife, as joint tenants, under
the eminent domain provisions of the Bozeman Municipal Code, be tabled indefinitely. 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.
Commission Resolution No. 3684 - right-ot-way acauisition tor West Babcock Street improvements
alona Parcel 20 under eminent domain provisions ot Bozeman Municipal Code - Leland S. Ferauson
Included in the Commissioners' packets was a copy of Commission Resolution No. 3684, entitled:
COMMISSION RESOLUTION NO. 3684
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
PURSUANT TO BOZEMAN MUNICIPAL CODE CHAPTER 11.01, EMINENT DOMAIN,
DECLARING PUBLIC PURPOSE AND USE, DESCRIBING THE PROPERTIES TO BE
TAKEN AND AUTHORIZING CITY OFFICIALS TO PROCEED.
It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that Commission
Resolution No. 3684, stating the City's intent to acquire right-of-way for West Babcock Street improvements
along Parcel 20 from Leland S. Ferguson under the eminent domain provisions of the Bozeman Municipal
Code, be tabled indefinitely. 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.
Commission Resolution No. 3685 - riaht-ot-way acauisition for West Babcock Street improvements
alona Parcel 21 under eminent domain provisions ot Bozeman Municipal Code - Donald B. Beatty
Included in the Commissioners' packets was a copy of Commission Resolution No. 3685, entitled:
COMMISSION RESOLUTION NO. 3685
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
PURSUANT TO BOZEMAN MUNICIPAL CODE CHAPTER 11.01, EMINENT DOMAIN,
DECLARING PUBLIC PURPOSE AND USE, DESCRIBING THE PROPERTIES TO BE
TAKEN AND AUTHORIZING CITY OFFICIALS TO PROCEED.
It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that Commission
Resolution No. 3685, stating the City's intent to acquire right-of-way for West Babcock Street improvements
along Parcel 21 from Donald B. Beatty under the eminent domain provisions of the Bozeman Municipal
Code, be tabled indefinitely. 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 hearing - intent to annex 20.12 acres described as Tract 7 A. COS No. 2408 (northeast corner
of StOry Mill Road and Boylan Road) - Van Brvan Studio Architects for Brownstone Capital. Inc. for
The Aspens at Bridger Creek Annexation (A-04002)
This was the time and place set for the public hearing on the intent to annex 20.12 acres described
as Tract 7A, Certificate of Survey No. 2408, as established by Commission Resolution No. 3667, entitled:
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COMMISSION RESOLUTION NO. 3667
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE
INHABIT ANTS THEREOF AND THE OWNERS OF A TRACT OF LAND CONTIGUOUS TO
SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARLY DESCRIBED, TO
EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID
CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF.
Mayor Cetraro opened the public hearing.
Planning Director Andy Epple presented the staff report on behalf of Associate Planner Chris
Saunders. He noted the subject property is located at the northeast corner of the intersection of Story Mill
Road and Boylan Road.
The Planning Director 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 staff has recommended that the following items be addressed
prior to or in conjunction with the annexation agreement:
1. The applicant shall provide and file with the County Clerk and Recorder's office
executed Waivers of Right to Protest Creation of Special Improvement Districts
(SID's) for the following:
a. Street improvements including paving, curb/gutter, sidewalk and
storm drainage facilities for the following streets:
i. Story Mill Rd
ii. Bridger Drive
b. Signalization improvements for the following intersections:
i. Story Mill Road/Bridger Drive
The document 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.
2. The annexation agreement shall include notice that, prior to development, the
applicant will be responsible for installing any facilities required to provide full
municipal services to the property in accordance with the City of Bozeman's
infrastructure master plans and all city policies that may be in effect at the time of
development.
3. Prior to any development of the subject annexation, a stormwater drainage and
grading plan shall be provided to and approved by the City Engineer. The plan must
demonstrate that adequate treatment of runoff from the public streets and all future
lots will be achieved by providing spot elevations, flow direction arrows, detention
and/or retention basin details (including basin sizing calculations and basin typical
sections), outlet structure details, and culvert capacity calculations. The plan must
also locate and provide easements for adequate drainage ways within the
annexation area to transport treated runoff to the stormwater receiving channel.
4. The owner shall provide public street and utility easements for Story Mill Road and
Boylan Road. The easement shall be 45 feet wide from the section line for Story Mill
Road, and 60 feet wide from the property line for Boylan Road. These are one half
of collector standard and a full local standard respectively as shown in the
Transportation Plan.
5. Prior to development of the subject annexation, the future developer(s) may be
required to prepare, at their own expense, a comprehensive design report evaluating
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the existing capacity of water and sewer utilities, storm water master plan and traffic
impacts.
If adequate water and/or sewer capacity is not available for the full development, the
report must identify the water and sewer system improvements required to provide
the necessary capacity. Any improvements necessary to serve the full development
must be in place prior to further development of the site.
6. The annexation agreement shall include notice that, prior to development, the
applicant will be responsible for installing any facilities required to provide full
municipal services to the property in accordance with the City of Bozeman's
infrastructure master plans and all city policies that may be in effect at the time of
development.
7. Prior to any development of the subject annexation, a storm water drainage and
grading plan shall be provided to and approved by the City Engineer. The plan must
demonstrate that adequate treatment of runoff from the public streets and all future
lots will be achieved by providing spot elevations, flow direction arrows, detention
and/or retention basin details (including basin sizing calculations and basin typical
sections), outlet structure details, and culvert capacity calculations. The plan must
also locate and provide easements for adequate drainage ways within the
annexation area to transport treated runoff to the stormwater receiving channel.
8. The Annexation Agreement, which addresses all terms placed on the annexation
application by the City Commission, shall be 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.
9. The applicant shall submit an annexation map titled "Aspens at Bridger Creek
Annexation Map" with a legal description of the property and adjoining rights of way
(i.e. Story Mill Road and Boylan Road), show any existing public utilities (e.g. water,
sewer, roadways and storm drainage) improvements on the property. The map must
be supplied on a mylar (18-inch by 24-inch) for City records, one (1) digital copy on
a double-sided, high density floppy disk or compact disk and on either letter or legal
size paper for recording with the Annexation Agreement by the Gallatin County Clerk
and Recorder. The maps must be acceptable to the Director of Public Service and
City Engineer's Office.
10. That the applicant execute at the Gallatin County Clerk and Recorder's Office a
waiver of right-to-protest creation of SIDs for a City-wide Park Maintenance District,
which would provide a mechanism for the fair and equitable assessment of
maintenance costs for City parks as part of the Annexation Agreement.
11. That provisions for water rights or cash in-lieu of water rights in an amount
determined by the Director of Public Service be provided in the Annexation
Agreement whereby it is executed by the land owner prior to final subdivision plat
approval, final site plan approval, or issuance of any building permits, whichever
comes first, prior to the City Commission adopting the Resolution of Annexation and
accepting the Annexation Agreement.
Responding to Commissioner Kirchhoff, the Planning Director indicated that these items are
standard for all annexations.
Mr. Van Bryan, architect representing the applicant, indicated concurrence with the staff report and
a willingness to respond to questions.
Responding to Ms. Jane VanAlstyne, 478 Peace Pipe Drive, Planning Director Epple indicated there
is a floodplain in the northeast corner of this site associated with Bridger Creek, and that corridor as well
as any other wetlands and water features must be respected during development.
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Responding to Commissioner Krauss, Planning Director Epple suggested that the extensions or
connections of linear trails or linear parks through this property could be included in the motion or addressed
in the annexation agreement.
Commissioner Kirchhoff voiced his concurrence with Commissioner Krauss's interest in including
the requirement for any connecting trail corridors through this property.
Planning Director Epple suggested that a new item be added to read:
12. That the applicant ensure connectivity through this property with any existing park
and trail corridors.
Since there were no Commissioner objections, Mayor Cetraro closed the public hearing.
It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the
Commission direct staff to bring back an annexation agreement addressing Item Nos. 1 through 12 listed
above for Commission consideration. The motion carried by the following Aye and No vote: those voting
Aye being Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, Commissioner
Krauss and Mayor Cetraro; those voting No, none.
Public hearina - Zone Map Amendment - establish initial municipal zonina designations of "R-3" on
the western 6.5 acres and "R-1" on the eastern 13.6 acres of The Aspens at Bridaer Creek - 20.12
acres described as Tract 7A. COS No. 2408 (northeast corner of StOry Mill Road and Bovlan Road)
- Van Bryan Studio Architects for Brownstone Capital. Inc. (Z-04030)
This was the time and place set for the public hearing on the Zone Map Amendment requested by
Van Bryan Studio Architects for Brownstone Capital, Inc., under Application No. 2-04030, to establish initial
municipal zoning designations of "R-3", Residential-Medium-density, on the western 6.5 acres and "R-1",
Residential-Single-household, Low-density, on the eastern 13.6 acres of The Aspens at Bridger Creek,
located on 20.12 acres described as Tract lA, cas No. 2408. The subject property is located at the
northeast corner of the intersection of Story Mill Road and Boylan Road.
Planning Director Andy Epple presented the staff report on behalf of Associate Planner Chris
Saunders. He stated that under this application, the 6.5 acres along the western edge of this property,
adjacent to Story Mill Road, is to be zoned "R-3", Residential-Medium-density, with the remaining 13.6
acres being zoned "R-1", Residential-Single-household, Low-density, which is the lowest density urban
zoning designation.
The Planning Director 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. He noted that, following its
public hearing on this application, the Zoning Commission concurred in staff's recommendation for approval.
Mr. Van Bryan, architect representing the applicant, stated it is their intent to evaluate the entire
parcel as if it were zoned "R-1" and then limit the total number of dwelling units to that number. He noted
that a higher density cluster may be constructed on that portion zoned "R-3", which would then result in a
lower density development on the remainder of the property. He indicated that the requested combination
of zonings provides for a blending of the two densities that he believes will result in a nice development.
Responding to Commissioner Kirchhoff, Mr. Bryan stated the lots in this development will not be
nearly as large as those in the Headlands Subdivision, but they will be larger than many of the typical lots
within the city. He forwarded his intent to create some trails through this property, to provide for access to
Bridger Creek and along Story Mill.
Further responding to Commissioner Kirchhoff, Mr. Bryan stated he does not anticipate a grid
pattern, but more of a clustered development. He noted that, on this property, a looped system or a dual
entry is needed; beyond that, he has not tried to create any plans for development.
Commissioner Youngman noted that one letter has been received regarding this application, raising
concerns about the preservation of wildlife habitat and loss of open space. She asked if the clustering of
housing units will help minimize impacts on the wildlife habitat.
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Mr. Bryan responded that, since he hasn't started the design process, he will take those issues into
consideration and take steps to protect some of those spaces if possible.
Mr. Don Jackson, 1280 Story Mill Road, stated he owns the property adjoining the wetlands and
riparian area, and his property touches the northeast corner of the proposed "R-1" zone on this property.
He realizes that the subject area is included in the Bozeman 2020 Community Plan, and he is saddened
that the city is extending out along the Bridger Creek corridor. He concluded by noting their biggest
concerns revolve around ensuring that the wetlands and stream bank setbacks are followed during platting
and development. He then voiced his interest in seeing the dedicated parkland developed as a
neighborhood center and in seeing the trail corridor extended.
Since there were no Commissioner objections, Mayor Cetraro closed the public hearing.
It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the Zone Map
Amendment requested by Van Bryan Studio Architects for Brownstone Capital, Inc., under Application No.
Z-04030, to establish initial municipal zoning designations of "R-3", Residential-Medium-density, on the
western 6.5 acres and "R-1", Residential-Single-household, Low-density, on the eastern 13.6 acres of The
Aspens at Bridger Creek, located on 20.12 acres described as Tract 7A, cas No. 2408, be approved
subject to the following conditions:
1. That the ordinance for the Zone Map Amendment shall not be adopted until the
Resolution of Annexation is signed by the applicant and formally approved by the
City Commission. If the annexation is not approved, the application shall be null and
void.
2. That the applicant submit a zone amendment map, titled "Aspens at Bridger Creek
Zone Map Amendment", on a 24-inch by 36-inch mylar; 8Y:z-inch by 11-inch, or 8Y:z-
inch by 14-inch paper exhibit; and a digital copy of the area to be zoned, acceptable
to the Director of Public Service, which will be utilized in the preparation of the
Ordinance to officially amend the City of Bozeman Zoning Map. Said map shall
contain a metes and bounds legal description of the perimeter of the subject
property and zoning districts, total acreage of the property and adjoining rights-of-
way andlor street access easements (i.e., Story Mill and Boylan Road).
3. That the ordinance for the Zone Map Amendment shall not be drafted until the
applicant provides a metes and bounds legal description prepared by a licensed
Montana surveyor and map of the area to be rezoned, which will be utilized in the
preparation of the ordinance to officially amend the zone map.
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 - Certificate of Appropriateness to allow demolition of existina residence and garaae
and construction of a new 1.230-sauare-foot residence with attached aaraae on Tract 6 and a 56.6-
foot by 52.4-foot parcel in fraction Lot A. Tract 2. GUY'S Second Addition. with deviations from
Section 18.16.020. Unified Development Ordinance. to allow residence to encroach 15 feet into
reauired rear yard setback. and from Section 18.38.060. to allow front covered porch to OCCUpy more
than one-third the lenath of the building wall. excludina the width of the garage - HollY Hausmann
and John Preston for 413 South Bozeman Avenue (Z-04058)
This was the time and place set for the public hearing on the Certificate of Appropriateness
requested by Holly Hausmann and John Preston under Application No. Z-04058, to allow demolition of the
existing residence and garage and construction of a new 1 ,230-square-foot residence with attached garage
on Tract 6 and a 56.6-foot by 52.4-foot parcel in fraction Lot A, Tract 2, Guy's Second Addition, with
deviations from Section 18.16.020 of the Unified Development Ordinance, to allow the residence to
encroach 15 feet into the required rear yard setback, and from Section 18.38.060, to allow the front covered
porch to occupy more than one-third the length of the building wall, excluding the width of the garage. The
subject property is located at 413 South Bozeman Avenue.
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Mayor Cetraro opened the public hearing.
Historic Preservation Planner Allyson Bristor presented the staff report. She noted that under this
application, the existing single-story house, which was constructed in 1904, is to be demolished and
replaced with a new single-household structure. She stated that, due to changes in design and materials
over the years, this old home has been determined to be a non-contributing element. The Planner then
noted that the applicant is seeking two deviations in conjunction with the new construction, to allow the
home to encroach into the rear yard setback and to allow the front covered porch to occupy more than one-
third of the wall length.
The Historic Preservation 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
highlighted those findings, noting that development on this property is constricted by the short depth of the
lot; thus, staff supports the requested deviation to encroach into the rear yard setback. She also noted that
the deviation to allow the porch to extend across more than one-third of the length of the front wall is
reflective of the character of the neighborhood and, therefore, is appropriate. She concluded by forwarding
staff's recommendation for approval, subject to the conditions listed in the staff report and her memo dated
May 3, 2004.
The applicant was not present, and no one spoke in support of or in opposition to the proposed
project.
Since there were no Commissioner objections, Mayor Cetraro closed the public hearing.
Commissioner Youngman mourned the loss of the second small house in just a few weeks, although
she noted the new house is quite small by contemporary standards.
It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that the Certificate of
Appropriateness requested by Holly Hausmann and John Preston under Application No. Z-04058, to allow
demolition of the existing residence and garage and construction of a new 1 ,230-square-foot residence with
attached garage on Tract 6 and a 56.6-foot by 52.4-foot parcel in fraction Lot A, Tract 2, Guy's Second
Addition, with deviations from Section 18.16.020 of the Unified Development Ordinance, to allow the
residence to encroach 15 feet into the required rear yard setback, and from Section 18.38.060, to allow the
front covered porch to occupy more than one-third the length of the building wall, excluding the width of the
garage, be approved subject to the following conditions:
1. The new construction shall abide by the mandatory 5-foot side yard setbacks.
2. All new windows for new construction shall use non-reflective, exterior cladding
material.
3. The applicant shall obtain a building permit and pay all required fees prior to
construction, and within one year of Certificate of Appropriateness approval or this
approval shall become null and void.
4. This project shall be constructed as approved and conditioned in the Certificate of
Appropriateness with deviations application. Any modifications to the submitted and
approved drawings shall invalidate the project's approval unless the applicant
submits the proposed modifications for review and approval by the Department of
Planning prior to undertaking said modifications, as required by Section 18.64.110
of the Bozeman Unified Development Ordinance.
5. The applicant shall submit to the Department of Planning documented proof of a
legally recorded shared drive access easement, if a shared drive access is created
for the neighboring properties of 409 and 413 North Bozeman Avenue.
6. All code provisions shall be met, the following provisions in particular:
. Per Section 18.42.130, "Fences, Walls and Hedges," all new fences
must conform to code requirements.
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. Per Section 18.42.150, "Lighting," all new lighting must conform to
code requirements and all existing non-conforming lighting must be
retrofitted or replaced.
. Per Section 18.44.090.C.2, "Drive Access Requirements," single-
household drive access openings shall not exceed 24 feet in width
measured at the right-of-way line and 30 feet in width measured at
the curb line. All residential complexes for fewer than four
households are considered single-household reside
nces for
purposes of this section.
. Per Section 18.46.020.F, "Surfacing," all areas intended to be
utilized for permanent parking spaces and driveways shall be paved
with concrete or asphaltic concrete, or approved pavers, to control
dust and drainage.
. Per Section 18.48.050.E, "Street Frontage Landscaping Required,"
all street rights-of-way within the proposed development site not
used for street pavement, curbs, gutters, sidewalks or driveways
shall be landscaped, and shall include one large canopy tree for
each 50 feet of total street frontage.
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 Map Amendment - amend zonina desianation from "R-3" to "R-1" on 110
properties within an area aenerally bounded bv South Rouse Avenue (includina both sides of the
street), West Garfield Street. Kaav Boulevard and Christie fields - Frank Munshower and various
property owners (North Christie Park neiahborhood) (Z-04029)
This was the time and place set for the public hearing on the Zone Map Amendment requested by
Frank Munshower and various property owners under Application No. Z-04029, to amend the zoning
designation from "R-3", Residential-Medium-density, to "R-1", Residential-Single-household, Low-density,
on 110 properties within an area generally bounded by South Rouse Avenue (including both sides of the
street), West Garfield Street, Kagy Boulevard and Christie fields.
Mayor Cetraro opened the public hearing.
Acting City Manager Brey noted the Commissioners have received numerous pieces of public
comment regarding this proposed zone map amendment.
Associate Planner Jody Sanford presented the staff report, noting there is a potpourri of zoning in
the area that includes "R-4" , Residential-High-density, "R-Q" , Residential-Office, "RS", Residential
Suburban, "R-2", Residential-Two-household Medium-density, "R-1", Residential-Single-household, Low-
density, and "PU", Public Lands and Institutions. She indicated that 79 property owners, or approximately
72 percent of those affected by this requested rezoning, have signed the petition of support.
The Associate Planner noted that this subject area was annexed in 1963; and at that time it was
given a "B" zoning designation, which allowed single and multi-family residential units. By 1974, the zoning
designations had been significantly changed, and this area was zoned "R-3". This property was subject to
covenants at the time it was platted, and those covenants prohibited greater than single-family residences
being constructed within the subdivision. Those covenants expired in 1994 and, while this area is primarily
single-family residences, there are some duplexes within the boundaries of the proposed rezoning. The
area surrounding this area under consideration for rezoning has a greater variety of housing types, based
on the 2003 housing inventory. She stressed that under this rezoning, lawful duplexes would be
grandfathered; and legal staff has determined that additional duplexes could be allowed if a permit for that
change were received prior to the new zoning taking affect.
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Associate Planner Sanford stated that staff has reviewed this application in light of the criteria
contained in the code, and staff's comprehensive findings are contained in the written staff report. Following
its public hearing on this application and consideration of staff's findings at its April 20 meeting, the Zoning
Commission concurred in staff's recommendation for approval of the requested rezoning. She concluded
by noting that sufficient protests have not been received to trigger the super-majority requirement, so a
simple majority vote is required to approve the requested rezoning.
Responding'to Commissioner Kirchhoff, the Associate Planner confirmed that this is a request for
downzoning since it allows less dense development. Under the requested "R-1" zoning, an accessory
dwelling unit would be allowed. She then indicated that to impose new covenants would require having 1 00
percent of the property owners agree to them; and staff does not anticipate that would occur.
Commissioner Krauss noted that if a residence is converted to a duplex, four unrelated people may
reside in each unit, resulting in eight unrelated persons living in what was previously a single-family home;
Associate Planner Sanford confirmed that is correct.
Responding to Mayor Cetraro, Associate Planner Jody Sanford noted the Zoning Commission asked
staff to relay to the Commission the possible option of approving the requested rezoning with a delayed
effective date, to give residents additional time to proceed with converting single-family residences to
duplexes if they so desire. She then reminded the Commissioners that if they choose to move forward with
the requested rezoning, the next step is to prepare an ordinance, which must be adopted twice and cannot
be effective for a minimum of thirty days; so the soonest the new zoning designation could be in effect would
be a couple of months from now.
Mr. Frank Munshower, 1407 South Bozeman Avenue, noted he has resided there for 32 years. He
stated that he is one of the applicants for the rezoning, and drew the Commissioners' attention to the written
information that has been provided. He reminded the Commissioners that this area is part of the Bozeman
Creek neighborhood, and he finds that "unregulated duplexification" is endangering the integrity of this
neighborhood. He is concerned that if this is allowed to continue, the area will change from a nice single-
family area to a ghetto of apartments and multi-family housing. Approval of the petition will result in
preserving the existing housing stock and help maintain this mature single-family area.
Mr. Munshower reminded the Commission that in January 2004, the new zoning regulations became
effective; and there is no longer a larger lot size requirement to protect development in the lower density
residential zones. He stressed that there are no vacant lots within this area, therefore, the addition of
residential units is the result of converting existing single-family homes. He concluded by stating this
requested rezoning is not a change at all; rather, it is a confirmation of what is already there.
Ms. Cathy Suit, 1220 South Black Avenue, stated that she prepared the packets, including various
pictures and an aerial picture of the area, that were distributed to the Commissioners. She noted that 85
percent of the properties are owner-occupied, and the lots are typically 8,000 square feet in size. She
indicated that three of the homes have been legally altered to duplexes, and the exteriors of those units still
blend with the area. She concluded by stating that pictures of this area reveal that it is not typical of "R-3"
zoning, but meets the criteria of the "R-1" zone.
Mr. Leo Schlenker, 1307 South Bozeman Avenue, voiced concerns about the traffic impacts that
would result from "R-3" type development in this area. He noted this area was designed and built out as
"R-1 ", and that identifies the areas available for parking cars. He stressed there is no room for off-street
parking since the driveways are limited in size and there is no access to the back yards because there are
no alleys in this area. He concluded by encouraging the Commission to approve the requested rezoning.
Mr. Mitch Copp, 1201 South Montana Avenue, stated that he purchased his home with the
anticipation of continued protection under the covenants. He then stressed that 72 percent of the property
owners support the requested rezoning. Also, this area is fully developed, in a manner that is consistent
with the "R-1" zoning designation and the Bozeman 2020 Community Plan. Allowing additional development
to occur compromises the area. He concluded by noting that "R-1" does not challenge a property owner's
right to rent the house; it simply ensures that homes remain single-family residences rather than being
converted to multi-family units.
Mrs. Martha Drysdale, 1408 South Black Avenue, noted she has lived in her home since 1963, and
characterized this as a charming family neighborhood. She noted that when her parents died, she debated
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about moving to their house on South Willson Avenue, but chose to remain in her home and her
neighborhood. She voiced support for the rezoning and encouraged the Commissioners to approve it.
Mr. Ken Tiahrt, 204 East Lincoln Street, stated he has lived in this area for the past 36 years. He
stressed that this entire area was designed and intended for single-family residential development; and that
is the basis upon which the streets were constructed and parking provided. He noted that the area was
once populated with young families; now is a resale period as people are beginning to move into
condominiums. He cautioned that, with this transition, if the area is not rezoned, the homes could potentially
be divided into apartments. He noted there are enough multi-family areas in the community; people should
not be encouraged to degrade this fine area that matches the characteristics of an "R-1" zoning designation.
He then urged the Commissioners to support the requested change to the zoning designation.
Mr. Richard Boyd, 1416 South Montana Avenue, noted that one of the reasons his neighbors moved
into the neighborhood was because it is an affordable single-family residential neighborhood. He stated
that, while he has children in elementary school, he is seeing some of the residents retiring and moving into
retirement communities. He noted that this is a highly desirable neighborhood and encouraged approval
of the rezoning.
Mr. Steve Jacoby, 603 South 15th Avenue, expressed concern for those who have purchased within
this area based on the "R-3" zoning and the financial impacts that this rezoning might have on them. He
noted that many people do their financial planning for their children to attend college based on possibly
renting out a portion of the property they have purchased.
Ms. Jane VanAlstyne, 478 Peace Pipe Drive, noted that Bozeman has one ofthe highest real estate
rates in Montana and probably the northwest. She expressed her interest in seeing the issues voiced by
the residents addressed under covenants. She noted that this area is close to the university campus, and
could provide a nice quality neighborhood for students wishing to live in this type of area.
Ms. Ann Reader, 1216 South Rouse Avenue, noted there is more opposition than will be reflected
in this hearing because many of the opponents will not stand up and speak in this type of setting. She then
distributed information on rentals in the area. She suggested that many of the issues and concerns raised
are not issues pertaining to zoning, but to other code enforcement issues, such as parties. She expressed
her concern about the requested zone map amendment, noting that it takes away the rights of those who
purchased in the "R-3" zone. She concluded by noting it is wonderful to offer upscale rental units to those
who cannot afford to buy. She concluded by stating the requested "R-1 "zoning is not appropriate and asked
the Commissioners to consider other alternatives.
Ms. Nancy Tanner, 3020 Secor, noted she moved to that area because there were lots of children;
however, there are also a lot of rentals, with college students and parties. She does not believe that the
requested rezoning will stop the parties, traffic problems or other issues on which the request is based. It
will, however, inhibit the opportunities for those who purchased the property for income. She concluded by
stating that, as a resident of another single-family residential area in town, she finds it important to recognize
the problems will remain.
Ms. Mary Wendels, 1216 South Rouse Avenue, noted that the purchase of property is the biggest
investment in one's life. She noted this is a clean, well-kept neighborhood and encouraged the Commission
to consider all options, not just the requested rezoning.
Mr. John Bertelsen, 854 Summer Ridge Road, stated he owns property at 1505 South Black Avenue.
He purchased that property with the intent to make money for his six children. He characterized this area
as "a war zone" with some of those problems spilling over into the adjacent area. He suggested that
alternatives to rezoning should be given favorable consideration, particularly since the requested rezoning
will negatively impact some of those who have purchased property in the area.
Ms. Laura Burrows, 506 North Willson Avenue, stated she has lived in an "R-3" zone for the past
twelve years. She recognized that the neighborhood is sometimes in a state of flux and that some
neighbors may be louder than others. She suggested that working together as a neighborhood is preferable
to rezoning, particularly since many have purchased homes under the "R-3" zoning designation.
Ms. Linda Holenstein, 1216 South Rouse Avenue, distributed a packet of information, which she
highlighted. She stressed that rezoning of this area will not address the issues or solve the problems that
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have been identified, but it will negatively impact those who purchased under the "R-3" zoning designation.
She noted there is substantially more "R-1" zoned area than "R-3" zoned area in the community. This
particular area is four to eight blocks from campus and is appropriately zoned "R-3". She cautioned that
those properties that don't comply with the "R-1" zoning not only lose rights, but gain three pages of
restrictions when they are grandfathered in as non-conforming uses. She concluded by encouraging the
Commissioners to not approve this rezoning, noting it affects her directly.
Ms. Debi Naccarto, 3188 Love Lane, noted she previously lived adjacent to this neighborhood; and
during that time witnessed many rentals with multiple people in this area that was supposedly single-family
homes. She stressed that the rezoning will not eliminate the problem of renters, but will impact those who
purchased under the "R-3" zoning designation with the intent to convert a single-family unit to a duplex. She
concluded by encouraging the Commissioners to vote against this request
Mr. Frank Munshower stressed that the petition for rezoning has nothing to do with renters, noise
or vehicles; rather, it is designed to protect these large lots from being further developed to accommodate
duplexes.
Since there were no objections, Mayor Cetraro closed the public hearing.
Responding to Commissioner Kirchhoff, City Attorney Luwe indicated that, if the Commission
approves this application, any application for conversion to a duplex must be in the City process, at a
minimum, and the property owner must demonstrate that he or she is proceeding with that conversion.
Responding to Mayor Cetraro, the City Attorney confirmed that the Commission could include a
delayed effective date in the ordinance amending the zoning, if it so chooses. He stressed that anyone
wishing to make a lawful conversion must have that project in process by the effective date of the ordinance.
Commissioner Krauss noted he formerly lived at 1215 South Bozeman Avenue, and commended
those who are acting as a group to protect the neighborhood. He stated the streets were not built to be lined
with duplexes; and he feels it is important to approve this rezoning and protect the area from additional
conversions.
Commissioner Hietala stated that, while he feels the rezoning is appropriate given the strong
neighborhood support for it, he feels it is important to establish a delayed effective date to give those with
plans for conversion an opportunity to do so legally.
Mayor Cetraro stated he, too, feels a delayed effective date is appropriate.
Commissioner Kirchhoff acknowledged the clash between those who purchased with the expectation
of changing their residences and those who wish to maintain the fabric of the neighborhood. While he is
uncomfortable with the impacts this rezoning will have on those who purchased under the "R-3" zoning, he
is more uncomfortable with thwarting the efforts of the applicants.
Commissioner Youngman agreed that a delayed effective date will allow those who had purchased
with the anticipation of converting to a duplex to proceed with those plans. She noted that the rezoning will
provide predictability and protection for both sides; and she finds the 72-percent support for this rezoning
to be overwhelming. She stated the subject area is still a family neighborhood in the midst of a larger multi-
family area. The rezoning will keep the area stable, while allowing for some high-end single-family rentals.
She noted that when the covenants expired in 1994, Bozeman's boom was just beginning; and that has
resulted in rapid changes in all parts of the community.
As a result of discussion, a majority of the Commissioners agreed that the effective date should be
extended sixty days beyond the normal effective date, for a total of ninety days from second reading of the
ordinance.
It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the Zone Map
Amendment requested by Frank Munshower and various property owners under Application No. Z-04029,
to amend the zoning designation from "R-3" , Residential-Medium-density, to "R-1", Residential-Single-
household, Low-density, on 110 properties within an area generally bounded by South Rouse Avenue
(including both sides of the street), West Garfield Street, Kagy Boulevard and Christie fields, be initially
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approved and that staff be directed to bring back an ordinance enacting the amendment, with the effective
date delayed by sixty days, 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 "North Christie Park
Neighborhood," an 81h-inch by 11-inch or 81h-inch by 14-inch paper map and a
digital copy to the Planning Department 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.
The applicants shall work with the Planning and GIS staff to determine the desired
location of the zoning district bO!Jndary in regard to rights-of-way.
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 re-
zoned, 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.
Break - 9:15 to 9:24 D.m.
Mayor Cetraro declared a break from 9:15 p.m. to 9:24 p.m., in accordance with Commission policy.
Discussion re Dossible disDosal of SoroDtimist Park
Included in the Commissioners' packets was a letter from Origins Group, dated April 29, expressing
interest in purchasing the subject property.
Acting City Mana~er Ron Brey reminded the Commissioners that in early April, Delaney and
Company submitted an 0 er to purchase Soroptimist Park for $250,000. The Bozeman Daily Chronicle
covered that offer, and it generated additional interest in the property. To date, Superintendent of Facilities
and Lands James Goehrung has received five telephone inquiries, and he has received two. Distributed
just prior to the meeting was a copy of the acquisition documents from 1887, which dispels the common
perception that the City obtained this property in the 1930s or the 1970s. Also submitted to the Commission
was a memo from Grants Administrator Sara Folger reminding the Commissioners of their March 15
approval of the CTEP project to enhance the park and the consequences of liquidating this property in light
of the requirements attached to the previous use of Land and Water Conservation Fund monies. The Acting
City Manager asked for Commission direction on whether to proceed with possible disposal of this property.
Commissioner Kirchhoff noted that Mr. Bigart, who co-signed the letter from Origins Group, is in the
process of locating a beauty school on the second floor of Jacob's Crossing and is interested in ensuring
that any development of this site is done in a quality manner, either as a park or as a developed site.
Commissioner Krauss suggested that relocating the Soroptimist Park to the west side of the new
library would serve the same people in nearly the same location as the current park; and the fixtures in the
park could even be relocated to the new site. He suggested that a nice building at the corner of South
Rouse Avenue and East Main Street would add value to the downtown.
Commissioner Kirchhoff noted he was reluctant to commit CTEP funds to enhancing this park and,
since that time, he has received significant input from the public. He acknowledged that it is not possible
to duplicate this park anywhere else in the downtown core; however, it is not currently used because of its
condition.
Commissioner Youngman stressed that people will not walk more than a couple blocks to take
advantage of the park, and to move it from its present location to the new library would render it useless to
those who currently enjoy it.
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Commissioner Hietala suggested that a little plaza and open space every four blocks would be good.
He then observed that one can always put a building on the site later, but it would be difficult to re-create
the green space once a building is located on it.
Responding to Commissioner Kirchhoff, Mr. Paul Reichert, Executive Director of the Downtown
Bozeman Partnership, stated the Partnership has not taken any official position on the issue of Soroptimist
Park. He stated, however, studies reveal people stop walking down the street when they encounter a gap
and, in this instance, that would stop people from traveling further east on Main Street, past the new
development in that area. He noted the idea of incorporating park space into the conceptual parking garage
is currently being discussed; and there has been a lot of interest in a good civic space in that area. He
personally does not find the Soroptimist Park serves as a good public space.
Responding to Commissioner Kirchhoff, Planning Director Epple stated most of the participants in
the planning charette held last year supported keeping and enhancing this site as a green space for the
downtown.
Commissioner Youngman noted that the various funding sources for development and enhancement
of this site have carried with them some stringent restrictions; and she is not interested in embarking on a
process that puts the City into a position it will take years to resolve. She then voiced her interest in
receiving public input before making any type of decision on this issue.
Responding to Commissioner Youngman, Acting City Manager Brey indicated it may be possible
to negotiate with the agencies from which the City has received monies for development of this park.
Commissioner Youngman and Commissioner Hietala voiced interest in seeing this park area
enhanced.
Commissioner Kirchhoff characterized the Soroptimist Park as a marginal park and suggested that
the City not enhance the park and entertain offers.
Mayor Cetraro voiced his interest in marketing a couple of the properties that the City currently owns.
It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the
Commission direct staff to (1) investigate and identify the restrictions that accompany the use of Community
Transportation Enhancement Program (CTEP) and Land and Water Conservation Fund (LCWF) monies
for improvements to the Soroptimist Park and the possible consequences of disposing of this City property
and (2) seek an appraisal of the property, with a report to be submitted back to the Commission. The
motion carried by the following Aye and No vote: those voting Aye being Commissioner Krauss,
Commissioner Kirchhoff and Mayor Cetraro; those voting No being Commissioner Youngman and
Commissioner Hietala.
Discussion re MuniciDal Judae salary for Fiscal Year 2005
Acting City Manager Ron Brey asked that this item be delayed to next week since the Municipal
Judge is unable to be present due to the late hour.
Discussion ~ FYI Items
The following "For Your Information" items were forwarded to the Commission.
(1 ) Letter of resignation from the Library Board of Trustees, as submitted by Robert A. Gutzman,
dated April 22 and effective June 30, 2004.
(2) Letter of resignation from the Parking Commission, as submitted by Don Mclaughlin in a
letter dated March 31,2004.
(3) Letter from Rikki Bushnell, Bozeman TV, Cabinet and Appliance, regarding the big box store
situation in Bozeman.
05-03-04
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(4) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, May 4, at
the Courthouse.
(5) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on
Tuesday, May 4. at the Professional Building.
(6) 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, May 4, in the Commission Room.
(7) Agenda and information packet for the special meeting of the Cemetery Board scheduled
for 1 :00 p.m. on Thursday, May 6, at the cemetery.
(8) Acting City Manager Ron Brey submitted the following. (1) Noted that JP Pomnichowski. in
her capacity as a member of the TOR Committee, requested a follow-up meeting with the County
Commission and City Commission. (2) Noted the Bozeman Neighborhood Plan with revised implementation
policies is now coming back through the process. (3) Announced that Missoula has voted to join the power
authority; Billings failed to do so on a tie vote.
(9) The Acting City Manager distributed a copy of the ICMA Code of Ethics to the
Commissioners, noting that as they go through the City Manager selection process, they may see or hear
reference to this document.
(10) The Acting City Manager stated that one realtor has voiced interest in the Love Lane
property, and asked for authority to obtain an appraisal if the Commission wishes to market that property.
Commissioner Krauss noted that the City of Billings has an ordinance requiring an appraisal before
any property is bought or sold; and he feels that is important.
Acting City Manager Brey stated he would be comfortable with that type of ordinance. noting that
it helps to bolster public confidence that the real estate action is above board.
Responding to Mayor Cetraro, three of the Commissioners indicated support for obtaining an
appraisal on the Love Lane property and then pursuing its sale.
(11) Planning Director Andy Epple noted that JP Pomnichowski is seeking a follow-up meeting
because the TOR Committee is looking at a pilot program under which the concept of transfer of
development rights (TORs) is used in conjunction with the Bozeman Creek Neighborhood Plan and along
the East Gallatin River.
(12) The Planning Director stated the Community Mediation Center and representatives from the
Bozeman Deaconess Foundation and the Recreation and Parks Advisory Board met and identified
developmental guidelines for meeting Condition No. 21. He characterized it as a positive and productive
meeting. and the information should be submitted to the Commission within the next couple of months for
action.
(13) Commissioner Krauss submitted the following. (1) Attended the power authority meeting
in Helena last Thursday. (2) Attended a presentation at MSU last week about designing that portion of the
library site lying behind the library.
(14) Responding to Commissioner Krauss, Director of Public Service Debbie Arkell stated the
radar trailers have been parked on North Wallace Avenue. She also noted that detour signs have been
posted, encouraging traffic to return to North Rouse Avenue as quickly as possible rather than using North
Wallace Avenue. Magnesium chloride has also been spread on L Street and Story Mill Road to reduce the
amount of dust on those detour streets.
Executive Session re personnel - selection of City Manaaer
At 10:30 p.m., Mayor Cetraro announced that, pursuant to Section 2-3-203(3). M.C.A.. the Montana
Constitution and the Montana Supreme Court rulings, he, as presiding officer, has determined that the right
to privacy clearly exceeds the merits of public disclosure. He noted that a level of confidentiality has been
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identified in the process of selecting a new City Manager, at least until the final round. He then called an
executive session for the purpose of reviewing the applications and tabulation of results from the
Commissioners' individual reviews.
At 11 :25 p.m., Mayor Cetraro closed the executive session and reconvened the open meeting.
Continued discussion re Drocess for selection of new City Manager
The Commissioners determined that, once the potential finalists have been identified, a release form
will be sent to them for background checks. Interviews will then be conducted with those named as finalists.
The Commissioners also decided on a process very similar to the one used seven years ago, and
will include breakfast with department heads, a tour of City facilities, a social mixer and an interview
conducted in open Commission meeting. Members of the public will be given an opportunity to provide input
on forms provided for the social mixer and the interview.
The Commissioners recognized that, for this type of position, it is typical for the employer to bear
the costs for an interviewee and possibly for the spouse. They also expressed interest in an interview
process that brings in each candidate individually but that moves relatively quickly.
Adiournment - 11 :35 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 Cetraro; those voting No, none.
ATTEST:
{J~J ~
ROBIN L. SULLIVAN
Clerk of the Commission
05-03-04