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HomeMy WebLinkAbout2003-06-16 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA June 16,2003 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, June 16, 2003, at 7:00 p.m. Present were Mayor Steve Kirchhoff, Commissioner Marcia Youngman, Commissioner Lee Hietala, Commissioner Jarvis Brown, Commissioner Andrew Cetraro, 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. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes ~ January 18. 2000. and ADril28. May 12. May 19. May 27 and June 9. 2003 It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the minutes of the meeting of June 9,2003, be approved as submitted. The motion carried by the fOllowing Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. Mayor Kirchhoff deferred action on the minutes of the meetings of January 18, 2000, and April 28, May 12, May 19 and May 27,2003, to a later date. Consent Items Acting City Manager Brey presented to the Commission the following Consent Items. Acknowledge receiDt of staff reDort for annexation of North Forty Annexation ~ 5.6188~ acre tract described as Tract 1. Certificate of SurveY No. 985 (southeast Quadrant of intersection of Cottonwood Road and Durston Road) ~ Jeremy Shea dba Shea Homes (A~03003) Commission Resolution No. 3602 ~ intent to annex 5.6188~acre tract described as Tract 1. Certificate of Survey No. 985 (southeast auadrant of intersection of Cottonwood Road and Durston Road); set Dublic hearing for JulY 14. 2003 COMMISSION RESOLUTION NO. 3602 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. Commission Resolution No. 3604 ~ certifying delinauents as of May 31. 2003. to the County COMMISSION RESOLUTION NO. 3604 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING SEMI-ANNUAL SPECIAL ASSESSMENT INSTALLMENTS DUE AND PAYABLE MAY 31, 2003, AND UNPAID AS OF 5:00 P.M. ON JUNE 2. 2003, DELINQUENT, PURSUANT TO SECTION 7-12-4183, MONTANACODEANNOTATED,AND 06-16-03 -- -" -.. ..---- ---.-----.-- - 2 - AS PROVIDED BY CHAPTERS 2.32 AND 3.04 OF THE BOZEMAN MUNICIPAL CODE, AND DIRECTING THE DIRECTOR OF FINANCE TO CERTIFY THE SAME TO THE GALLATIN COUNTY TREASURER FOR COLLECTION. Authorize City Manaaer to sian - Public Street Easement - Samuel Shaw Thompson IV and Nathaniel L. Thompson - sidewalk easement along west side of a portion of Lot 32B. Block 105. Northern Pacific Addition (east side of North Wallace Avenue between East Cottonwood Street and East Aspen Street) Authorize City Manaaer to sian - Sewer and Water Pipeline and Access Easement and Agreement - Baxter Meadows Development. L.P. - 30-foot-wide easements across Lot 9. Durston Meadows Subdivision (alona west side of North 27th Avenue. north of Durston Road) Authorize City Manaaer to sian - Sewer and Water Pipeline and Access Easement and Aareement - John E. Leddick - 30-foot-wide easements across Lot 5. Block 5. Cattail Creek Subdivision (southwest corner of intersection of Cattail Street and Warbler Way) Acknowledae receipt of reauest for creation of special improvement lighting district for Harvest Creek Subdivision. Phase VII: refer to staff Award bid - replacement of boiler at the Alfred M. Stiff Professional Buildina - Smitty's Plumbing and Heatina. Inc.. Bozeman. Montana - in the bid amount of $104.552.00 Award bid - ianitorial services for City Hall Complex. Professional Building and Librarv for Fiscal Years 2004 and 2005 - Robin Seelve dba Saueakv Clean. Bozeman. Montana. in the annual bid amount of $52.696.00 Buildina Inspection Division report for May 2003 Claims It was moved by Commissioner Hietala, seconded by Commissioner Brown, 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 Hietala, Commissioner Brown, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting No, none. Acknowledae receipt of staff report for annexation of 0.67 acres described as Tracts 3 and 4. located in the W% of the NW% of the SW% of Section 13. T2S. R5E. MPM (1602 and 1604 Maple Lane) - Robert and Kathleen Mielnik and Donald and Laurene Fausett (A-03004) Included in the Commissioners' packets was a copy ofthe staff report prepared by Assistant Planner Susan Kozub. Acting City Manager Brey noted that this item and the next agenda item are linked and are typically on the Consent Agenda; however, staff is recommending denial of this request for annexation. Assistant Planner Susan Kozub gave a brief overview of the requested annexation, noting the subject 0.67 acres is contiguous to the city on the west and south. The purpose of the annexation is to allow for connection to City services and further development of the properties. She indicated that single-family residences exist on these two parcels and, if annexed and zoned, one of the property owners proposes to turn his home into a duplex. The Assistant Planner stated that the Development Review Committee has reviewed this application and found that the proposed annexation does not adequately address Policy No. 6 under Commission Resolution No. 3137 since an adequate turnaround for fire equipment cannot be provided. She recognized that if all four parcels along Maple Lane were annexed, a turnaround could be provided at approximately 06-16-03 _..._ ...._.....__ u.___....._. _.__.. ___... _. .. - 3 - midpoint; however, the owners of the other two parcels have indicated they are not interested in annexation at this time. Mr. Bob Mielnik, 1604 Maple Lane, stated that when he moved into his home, it was located in a single-family neighborhood. Since that time, however, his property has become surrounded by multi-family residential units; and he feels it would be appropriate to annex and zone the property to allow for similar development. It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the Commission acknowledge receipt of the staff report for annexation of 0.67 acres described as Tracts 3 and 4, located in the WY2 of the NW~ of the SW~ of Section 13, T2S, R5E, MPM, as requested by Robert and Kathleen Mielnik and Donald and Laurene Fausett under Application No. A-03004. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala and Mayor Kirchhoff; those voting No, none. Commission Resolution No. 3603 - intent to annex 0.67 acres described as Tracts 3 and 4. located in the W% of the NW% of the SW% of Section 13. T2S. R5E. MPM (1602 and 1604 MaDle Lane): set Dublic hearing for July 14. 2003 Included in the Commissioners' packets was a copy of Commission Resolution No. 3603, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3603 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 INHABITANTS OF TRACTS 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. Acting City Manager Brey stated that the Commission may choose to adopt this resolution and proceed to the public hearing or may choose to determine at this time that annexation would not be appropriate and not adopt the resolution. He indicated that, if the Commission chooses to adopt the resolution, a revision to the last "Whereas" is needed to add language, as follows: "at this time, it is determined to be in the best interests of the City of Bozeman .... within the corporate limits of said City of Bozeman, Montana. This determination will be reviewed after public comment." The Acting City Manager noted that the vast majority of annexations are raw ground for development purposes, with that development meeting City standards. He noted, however, there are instances like this where the annexation involves property in an area that has developed outside city limits and does not meet current City standards. He recognized the need for a turnaround for emergency equipment, but suggested that there might be other ways to address the fire concerns and proceed with annexation. Responding to questions from Commissioner Cetraro, Assistant Planner Kozub stated that the area at the south end of the site is the end of the street. She then cautioned that requiring Maple Lane to be extended to the development to the south would probably result in withdrawal of this application, since that would result in a substantial amount of cut-through traffic from University Apartments to the MSU campus. Planning Director Epple noted that the street through University Apartments does not align with Maple Lane, and connecting Maple Lane to that development would result in taking away parking spaces in a development where parking is already "woefully inadequate." Commissioner Youngman stated that, unless an acceptable alternative for addressing fire concerns can be found, she cannot support annexation of these parcels. Commissioner Brown indicated he cannot support the proposal in light of staff concerns; however, he expressed a willingness to proceed to public hearing and considering possible alternatives. 06-16-03 --....--.....-. -4- It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that Commission Resolution No. 3603, stating the City's intent to annex 0.67 acres described as Tracts 3 and 4, located in the W"h of the NW~ of the SW~ of Section 13, T2S, R5E, MPM, and setting the public hearing for July 14, 2003, amended so that the last "Whereas" reads "at this time, it is determined to be in the best interests of the City of Bozeman.... within the corporate limits of said City of Bozeman, Montana. This determination will be reviewed after public comment.", be adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala, Commissioner Brown and Mayor Kirchhoff; those voting No, none. Public hearina - Maior Site Plan with Certificate of ADDroDriateness - allow construction of 25.680- sauare-foot three-story addition to motel on Lot 6. Block 1. Tanae's Addition. to include 36 guest rooms and indoor auest DOol. with deviations from Section 18.54.110. Bozeman MuniciDal Code. to allow addition to encroach 10 feet into 50-foot areenwav setback and from Section 18.50.110.F.2.. to allow reduction in the reauired number of Darkina SDaces from 126 to 110 - Brutger Eauities. Davs Inn (Z-03084) This was the time and place set for the public hearing on the Major Site Plan with Certificate of Appropriateness, as requested by Brutger Equities under Application No. 2-03084, to allow the construction of a 25,680-square-foot three-story addition to the motel located on Lot 6, Block 1, Tange's Addition, to include 36 guest rooms and indoor guest pool, with deviations from Section 18.54.110 of the Bozeman Municipal Code, to allow the addition to encroach 10 feet into the 50-foot greenway setback and from Section 18.50.110.F.2., to allow reduction in the required numberofparking spaces from 126to 110 spaces. The subject property is located at 1321 North 7th Avenue and houses the Days Inn. Included in the Commissioners' packets was a memo from Urban Designer Candace Honatke, dated June 12, requesting that the public hearing be opened and continued to July 21 to give the applicant time to submit additional materials and allow for advisory board reviews. Mayor Kirchhoff opened the public hearing. It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the public hearing be continued to July 21 to give the applicant time to submit additional materials and allow for advisory board reviews. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. Continued Dublic hearing - variance from Section 18.50.060.C. Bozeman MuniciDal Code. to allow sunroom addition to encroach into 25-foot corner side yard setback - Donald and Judith Mathre. 731 South 12th Avenue (C-03002) This was the time and place set for the continued public hearing on the variance from Section 18.50.060.C., ofthe Bozeman Municipal Code, as requested by Donald and Judith Mathre under Application No. C-03002, to allow a sunroom addition to encroach 12 feet into the required 25-foot corner side yard setback on Lots 10 and 11 and the east 15 feet of Lot 12, Glendale Rearrangement of Westside Addition. The subject property is located at 731 South 12th Avenue. Mayor Kirchhoff reopened the public hearing. Assistant Planner Jami Morris presented the staff report. She stated that this application is to allow the construction of a sunroom addition that would encroach 9"h feet into the 25-foot setback along West College Street. She indicated in July 1995, the Board of Adjustment approved a variance to allow the construction of a greenhouse on the south side of the house, which encroaches 9"h feet into the 25-foot setback along West College Street, even though that variance was not supported by staff. She indicated that under this application, the sunroom addition would continue on the same line as the greenhouse. The Assistant Planner stated that West College Street is designated as a minor arterial. The roadway is located in a 60-foot-wide right-of-way, and the transportation plan requires a 1 OO-foot-wide right- of-way for minor arterials. She indicated that, if 20 feet of additional right-of-way were required on each side of the street, it would run through the middle of the existing greenhouse and proposed sunroom. The City 06-16-03 .------...-- - - 5 - Engineer has suggested, however, that an additional 1 0 feet of right-of-way along the north side of the street may be adequate and would not negatively impact the greenhouse. The Assistant Planner stated that staff has reviewed this application in light of the three criteria established by the Montana Supreme Court, and staff's comprehensive findings are contained in the written staff report. She briefly summarized those findings, stating that staff cannot find that the application meets the three criteria and, as a result cannot support it. She noted, however, that staff has identified some conditions for Commission consideration, should the Commission find for approval. She concluded by submitting a letter of support for the application, submitted by Jo Verley Forbes, 715 South 12th Avenue. Responding to questions from Commissioner Cetraro, Planning Director Andy Epple stated that in 1995, variances were heard by the Board of Adjustment; and some time thereafter, the Commission chose to disband that board and to act upon variances. Mr. Don Mathre, applicant, stated that the sunroom will not encroach any further into the setback than the existing greenhouse. He indicated a willingness to accept the conditions that have been identified by staff for approval of the variance. He noted that he and his family have lived in their home for 36 years and plan to continue living there, even though it is one of the few owner-occupied homes in the area. No one was present to speak in opposition to the requested variance. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. Commissioner Youngman reminded the Commissioners that positive findings for all three criteria are required for approval of the variance. Mayor Kirchhoff noted that the previous decision by the Board of Adjustment could be construed as a hardship, since the result is an existing encroachment which the applicant is essentially seeking to extend. Commissioner Cetraro suggested that the south end of the home is the logical location for a sunroom as well as the greenhouse. He also suggested that a hardship based on the previous approval would be adequate grounds upon which to approve this application. Commissioner Hietala voiced concurrence with Commissioner Cetraro's comments, noting that approval would be appropriate. Commissioner Brown stated he agrees the sunroom structure would be fairly benign; however, he is obligated to uphold State statute, and he cannot find positively on all three criteria. Commissioner Youngman noted that, personally, she would like to support the application; however, she cannot find that the three criteria are met. As a result, she cannot vote for the requested variance unless someone can identify a way to positively respond to each of the criteria. Commissioner Hietala indicated his interest in delaying the decision to give him time to identify positive responses to each of the criteria. Recognizing that not all Commissioners will be present at the June 23 meeting and that the June 30 meeting is cancelled, the next meeting for a decision would be July 7. Commissioner Brown expressed his concerns about delaying the decision for three weeks, particularly since the public hearing has already been continued for two weeks. It was moved by Commissioner Hietala, seconded by Commissioner Cetraro, that the decision on the variance from Section 18.50.060.C., of the Bozeman Municipal Code, as requested by Donald and Judith Mathre under Application No. C-03002, to allow a sunroom addition to encroach 12 feet into the required 25-foot corner side yard setback on Lots 10 and 11 and the east 15 feet of Lot 12, Glendale Rearrangement of Westside Addition, be delayed to the July 7 meeting. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Cetraro and Commissioner Youngman; those voting No being Commissioner Brown and Mayor Kirchhoff. 06-16-03 ----- ....._...... ._.u...._____._ ___ - 6 - Reauest for permission to conduct Farmers' Market at Boaert Pavilion - Bozeman Market Committee Included in the Commissioners' packets was a copy of a letter from the Bozeman Market Committee to Superintendent of Facilities and Lands James Goehrung, dated June 3, forwarding a proposal to hold a farmers' market in the Bogert Pavilion, Distributed just prior to the meeting was an e-mail forwarding comments from Kate Gardner, member of the Recreation and Parks Advisory Board, and an e-mail from Recreation Superintendent Sue Harkin identifying activities scheduled at Bogert Pool from June 14 through August 30. At Mayor Kirchhoff's request, Superintendent of Facilities and Lands James Goehrung provided a brief history of the Gallatin Valley Farmers' Market, which was located at Bogert Park until this year, and its impacts on the park, He noted that the Gallatin Valley Farmers' Market was small when it first began using the Bogert Pavilion, but became very popular and grew to the point that it exceeded the carrying capacity of Bogert Park. He noted that the user agreement with Career Transitions, the agency that coordinates the Gallatin Valley Farmers' Market, included several requirements, including either paying for or making sure the restrooms were clean, that trash was collected and that remediation for impacts to the park was completed, He stated that parking on the grass consistently resulted in broken sprinkler heads and the need for aeration of the sod. He indicated that a cap of 130 vendors was instituted, and those were required to be limited to the pavilion and not allowed on the grass. He stated that at the end of last season, Career Transitions made a business decision to relocate the Gallatin Valley Farmers' Market to the Fairgrounds, where they can accommodate twice the number of vendors and where parking is more readily available. The Superintendent stated that the parking lot at Bogert Park has been surfaced and striped for 56 parking spaces plus six disabled parking spaces. Also, the City has now secured the CMC property; and the Burke Park master plan calls for a 60-space parking lot at the base of the hill, He noted that the old coal sheds must be removed to accommodate that parking lot, but some minor improvements on the existing parking area, including a better gravel base, are being scheduled. Commissioner Youngman reminded the Commission that, to allow sales in the park, a determination must first be made that the proposed use is a community-oriented event. Ms. Alison Sweeny, 712 South 11th Avenue, and Mr. Chris Hardy, 606 South 8th Avenue, members of the Bozeman Market Committee, submitted their proposal to the Commission. Mr. Hardy noted the idea arose when he decided that he would like to sell produce at a market in Bozeman and found that the Farmers' Market had moved to the Fairgrounds. In light of that change, he indicated that he had decided to sell his produce either in Belgrade or Livingston until he began to discuss it with others who were also interested in a farmers market at Bogert Park. He stated that the market at Bogert Park has been a much treasured and valued event. Ms. Sweeny noted that the Friends of Bogert Park was started last fall and has developed the proposal now before the Commission. She stated that all revenues from the Bozeman Farmers' Market are to be put back into the park and recognized that amount may be small, She concluded by stating that she grew up going to the Gallatin Valley Farmers' Market at Bogert Park and is sad to see it move from that location. Responding to Mayor Kirchhoff, Ms. Sweeny stated they don't want to get too big too fast, and are willing to not have music if that is an issue, They have projected a budget based on 100 vendors using 4- foot booths at $5 per space. She noted that most vendors want an 8-foot booth, which would reduce the number of vendors, so she suggested there would be 50 to 100 vendors. In response to input from the community, she indicated that this farmers' market would be more oriented toward produce and food and that, while they will not be instituting requirements, they will be encouraging 60 percent produce and food vendors and 40 percent craftsmen at the market. She indicated that they have no commitments from vendors at this time since the proposal has not yet been approved; however, she indicated that approximately thirty people have expressed interest in participating. She then stated that they do not intend to allow vendors to spill out of the pavilion onto the grass, and no parking will be allowed on the grass. Responding to questions from Commissioner Brown, Mr. Hardy stated that he is well connected to the music community, and their proposal included local musicians. He noted that many teachers like the opportunity for their students to perform, and the market would provide a good venue, 06-16-03 -------- ---.- -. - 7 - Mayor Kirchhoff asked the applicants to address the costs involved, particularly the upfront costs. Ms. Sweeny responded that the group has applied for 501 c3 non-profit status and, without that status, cannot get insurance quotes. She indicated that it will take eight months to receive that status. In the meantime, the group intends to proceed with the market, with the first one being held on July 5; and Mr. Hardy indicated they plan to cover costs out of their own pockets until non-profit status is received or they become affiliated with an existing non-profit organization. Superintendent of Facilities and Lands James Goehrung stated that the Bogert Pavilion and Bogert Park have already been reserved on four Saturdays this summer. Also, Recreation Superintendent Sue Harkin has scheduled events at Bogert Pool for Saturday mornings, since the Gallatin Valley Farmers' Market had made the decision to move to the Fairgrounds and parking is available. He asked that the Commission consider the impacts that another market will have on the parking that is needed to accommodate the swimming programs and to honor the reservations that have been made. Responding to Mayor Kirchhoff, the Superintendent stated that one of the standard requirements for special events or use permits is a $1.5 million insurance policy with the City listed as additional insured. He cited examples of other groups and events required to provide insurance, including the BMX club, the soccer players, the softball association, the fishing derby, the kayak demonstrations, the Gallatin Valley Farmers' Market and Sweet Pea. City Attorney Luwe cautioned that failure to require this type of insurance policy results in the City assuming the risk and liability for injuries that may occur as a result of this group's activities, rather than transferring the risk to the responsible group. Responding to Commissioner Cetraro, the Superintendent noted that if there are no negative impacts on the park from this use, the group would not be charged for remediation. Mr. Brian Close, 406 East Olive Street, stated he will miss a farmers' market at Bogert Park, which is located out his back door. He noted his problem with the Gallatin Valley Farmers' Market is that it had become too big and was "too much of a zoo" and, as a result, he had quit attending. He voiced his preference for a market about half that size, with more produce. He then acknowledged that the 501 c3 non- profit status is lengthy. However, he noted that the group could incorporate as a non-profit entity not eligible to receive tax deductible contributions in the meantime; and he would donate his time to assist them in that process. Mr. Blair House, member of the Fairgrounds Board, congratulated the Bozeman Market Committee for working to replace an activity they like. He expressed concern about the negative impacts that the market may continue to have on Bogert Park, noting that sometimes it is better to just look at something one loves rather than to use it excessively. He stated that he enjoys attending family dinners and birthday parties at the pavilion, and he is worried about the park being subjected to too much stress. Ms. Kristi Wetsch, Career Transitions, noted she is market manager for the Gallatin Valley Farmers' Market. She stressed that her relationship with the City has always been a good one; the choice to move to the Haynes Pavilion at the Fairgrounds was strictly a business decision because the market had outgrown the Bogert Park location. She noted that the market was limited to 130 vendors at Bogert Park; and this year's market already has 200 vendors. Also, there is no cap on vendors and there is no parking problem at the Fairgrounds, so the market can continue to grow. She noted that the Gallatin Valley Farmers' Market started over 25 years ago, on North Tracy Avenue, then grew into the Bogert Pavilion and now into the Haynes Pavilion. She stated that safety is their main concern, particularly for the children and the seniors; and the Fairgrounds will provide a much safer location. Ms. Joanne Jennings, member of the Recreation and Parks Advisory Board, noted that she was one of the organizers of the first farmers' market and continued to be involved for over twenty years. She watched it grow from twelve vendors to the event at Bogert Pavilion and then outgrowing that facility. She cautioned that Bogert Park needs a year to recover, and asked that the Commission make its decision for 2004 rather than for this year. She noted that the year delay will also allow the market to establish itself at the Fairgrounds before allowing a second market to begin. Ms. Daria Joyner, Executive Director of Career Transitions, stated their agency assumed administration of the Gallatin Valley Farmers' Market in 1996, as a mechanism for funding literacy activities. In conjunction with that change, Career Transitions worked with the City to develop an agreement that identified the duties and responsibilities of each agency. She noted that last year, they paid $1,500 to the City for reclamation of the turf, based on the estimated amount of damage done over the summer. She then 06-16-03 _____._.._______. .",,_. __.._ _.___n __. ...___ .... - -.--.--.-- ..... -. --..-.-. - 8 - noted that a farmers' market will be held downtown during the week, in conjunction with Music on Main. She concluded by stating she does not want to see Bogert Park damaged any further. Ms. Sue Shockley, Fairgrounds Manager, spoke as a private citizen. She commended the Bozeman Market Committee for the proposal, but suggested that working together rather than trying to create another organization might be better. She cautioned that insurance and services are costly and can make starting a new program difficult. She concluded by noting Bogert Park is important to the community and should be available to the community. Ms. Catherine Dratz, 500 Concord Drive, voiced support for the Bozeman Farmers' Market proposal and for their desire to provide a community atmosphere. She noted that the community is growing and can support the different venues. She also expressed her interest in the organic produce and the small, locally- run market that is proposed, rather than the huge one with throngs of people. Commissioner Brown voiced his concerns with the financial plan, stating the expenses are incomplete and seem to be under-estimated; and income seems to be problematic. He also noted that, rather than the Friends of Bogert Park making the determination on how to expend those funds, the City must make that decision. Mayor Kirchhoff recognized there are gaps in the proposal; however, he supports the concept. He noted that a market starting with thirty vendors, no parking on the grass, and coordinating with activities at the swimming pool would be a nice event. He acknowledged that whether the community can support three farmers' markets is a question, but suggested that the Commission take steps to allow the question to be answered. Commissioner Youngman stated she cares about the Gallatin Valley Farmers' Market and loved having it at Bogert Park. She noted, however, that it became too big for the park, and locating it at the Fairgrounds was a logical move. She indicated that she finds no compelling reason to deny this request to create a new farmers' market at Bogert Park; however, she feels some conditions need to be added to those recommended by the Recreation and Parks Advisory Board to allow the City to determine how the proceeds would be used in Bogert Park, to indicate that staff has the right to establish a cap on the number of vendors, to require that the two markets charge the same amount to vendors, to ensure that the user agreement is consistent with the previous ones for the Gallatin Valley Farmers' Market, to honor previous reservations for the pavilion, and to require the standard insurance. Responding to Commissioner Cetraro, Commissioner Youngman noted that Recreation Superintendent Sue Harkin feels reserving twenty parking spaces for the swimming programs will be adequate. Commissioner Brown suggested that this proposal may be a solution to a problem that does not exist. He recognized that emotional ties may be strong, and he agrees that this would be a community oriented event; but he cannot support it at this time. Commissioner Hietala stated he likes the enthusiasm of this new group and would like to give them an opportunity to pursue their desires. He noted that this smaller event will allow for other uses in the park as well, which he feels is appropriate. Commissioner Cetraro stated he views this proposal as another form of enrichment, and he feels the recommended conditions will address his concerns about the business plan and the insurance. In response to questions from Commissioner Cetraro, Mayor Kirchhoff suggested that an annual review of this program by Superintendent of Facilities and Lands Goehrung is important and a report to the Commission may be beneficial, particularly if issues and concerns are identified. It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the request from the Bozeman Market Committee for permission to conduct a farmers' market at Bogert Pavilion be approved subject to the following conditions: 1. No parking will be allowed on the grass. 06-16-03 ---------.--.-.. -. ...------- - - 9- 2. Twenty parking spaces will be reserved for pool use only. Signage to this effect will be necessary. 3. The group running the market, the Friends of Bogert Park, will be responsible for educating those attending the market, via fliers, notices, word of mouth, etc., about the importance of honoring the "Pool Patrons Only" parking signs. 4. All booths must be under the pavilion; none will be on the grass. 5. Any music must be acoustic; amplified music will be allowed only on an occasional basis through a special events permit, as under current City Parks policy. 6. The group running the market, the Friends of Bogert Park, will encourage overflow parking to use the informal parking area below Peets' Hill. 7. The City staff or the Recreation and Parks Advisory Board shall make the final determination on which improvements will be funded through the monies generated by the Friends of Bogert Park. 8. City staff shall have the authority, at its discretion, to institute a cap on the number of vendors allowed should the Farmers' Market begin to have a negative impact on Bogert Park. 9. That, at least for this year, the Bozeman Farmers' Market shall charge the same booth fee or a higher fee to vendors as the Gallatin Valley Farmers' Market does. 10. That the agreement between the City and the Bozeman Farmers' Market shall be consistent with the expectations for similar events, and shall include, at a minimum, proof of insurance for the standard insurance required for events on public property, trash collection, cleaning of restrooms, and fees for mitigation of impacts on the park. 11. The Bozeman Farmers' Market may not be held on those days that have previously been booked for other events in the Bogert Pavilion, and notice of those dates shall be posted during the previous week's market. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Cetraro and Mayor Kirchhoff; those voting No being Commissioner Brown. Break ~ 9:05 to 9:10 pm. Mayor Kirchhoff declared a break from 9:05 p.m. to 9:10 p.m., in accordance with Commission policy. Public comment Ms. Catherine Dratz, 500 Concord Drive, noted that one of the items included in the "FYI Items" this week is an information sheet on why House Bill 758 should be challenged, as prepared by a coalition of groups concerned about the risks of secondhand tobacco smoke. She stated that several different groups and citizens have decided to file a lawsuit regarding HB758 since it takes away local control and creates a health hazard, as well as violating the clean and healthy environment clause in the Montana Constitution. She asked that the City of Bozeman join as one of the parties to the lawsuit. Ms. Dorothy Eck, 10 West Garfield Street, urged the Commission to join the lawsuit or take some other action to void House Bill 758. She recognized that many of the legislators in this past session didn't understand the rules and made quite a few mistakes. She suggested that House Bill 758 could be challenged on the basis that it was introduced late in the session, as an appropriations bill, and incorporated 06-16-03 ----...-..-......-- - 10 - a bill previously killed. She noted that good testimony was submitted during the hearing on this bill that reflects the negative impacts of indoor smoke that should be given further consideration. Also, she stressed the other important issue to be addressed is the usurping of local control. Mr. Brian Close, 406 East Olive Street, characterized House Bill 758 as an ill-considered, hastily- cobbled-together bill that directly attacks the authority of municipalities in Montana. He noted that those who work next to smoking establishments have their freedoms impinged upon and, under this bill, have no possible recourse except to quit their jobs or relocate. He suggested that even advocates of free choice should be opposed to the bill because it pre-empts local control and because it conflicts with the Montana Constitution. He encouraged the City to join the lawsuit, or to at least join on an amicus brief basis. Dr. David King, Belgrade, encouraged the City to join the lawsuit, noting that he, too, is a party; and suggested that having a City participate in the lawsuit could help to create a stronger case. He noted that when he moved to Bozeman, the hospital was in its old location and allowed smoking and, in fact, smoking was allowed when the hospital moved to its new location. Various doctors tried to get the hospital to adopt a non-smoking policy over the years; however, until the time was right, that did not occur. He noted that the time was right for the community of Bozeman last year when the Commission adopted the ordinance, and the City should participate in efforts to void the legislation that pre-empts enforcement of that ordinance. Ms. Alex Phillips, 9 South Bozeman Avenue, stated that she, too, is a plaintiff in the lawsuit because of her concerns about local control, health and private property issues. She noted that she has worked for many years on smoking issues, and stressed that the ordinance adopted last year was a compromise ordinance. She stated that, because of infiltration problems in her office, she schedules her work hours around people smoking in other parts of the building; and she feels that infringes on her rights. She concluded by urging the Commission to sign onto the lawsuit. Responding to questions from Commissioner Brown, City Attorney Paul Luwe stated that House Bill 758 does affect the City's ability to enforce the infiltration provisions of the ordinance. He suggested one alternative might be to adopt a separate ordinance under the health safety provisions of the State statute that addresses the infiltration issues. He noted that Missoula is also looking at this issue and suggested that Bozeman wait to see how that community addresses it before taking additional steps. City Attorney Luwe stated that telephone conferences with various City Attorneys around the state and with the Montana League of Cities and Towns has resulted in a consensus that it is inappropriate for a City to become a participant in the lawsuit. He noted, rather, that the issue will be raised at the League Board meeting later this week and, if the Board approves, the League could file an amicus brief, with the permission of the Court. He cautioned that, if the League chooses not to submit an amicus brief, the Court may not be willing to grant permission for an individual City to do so. He then identified some of the concerns expressed during the telephone conferences, including the potential of backlash during the next legislative session if Cities become parties to the lawsuit and the potential that submitting this issue to the Supreme Court is premature. Commissioner Cetraro noted that, between the time that the Commission adopted the smoking ordinance and the adoption of HB758, many businesses complied with the ordinance. He stated, in fact, that many businesses chose to prohibit smoking prior to adoption of the ordinance, including many restaurants and some bars. He then voiced his concurrence with staff's recommendation that the City not join the lawsuit. Commissioner Youngman expressed concern that HB758 seriously weakens the compromise ordinance adopted by the Commission. She then indicated her intent to urge the League of Cities and Towns to be a friend of the Court and file an amicus brief. If the League chooses not to do so, she suggested that the City should consider being a party in the lawsuit. Mayor Kirchhoff recognized that the City Attorney's advice regarding backlash makes sense, but suggested that the Legislature's actions and intentions should be exposed. He then ended this agenda item, noting that at some point the Commission must determine whether to place this item on a future agenda for action. After discussion, the Commission identified July 14 as the date for discussion and possible action. 06-16-03 - 11 - Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1 ) Copy of a letter from Engineering Assistant Andy Kerr, dated June 5, to property owners near 522 West Main Street announcing the establishment of a two-hour parking zone. (2) Copy of a letter from Engineering Assistant Andy Kerr, dated June 5, to residents in West Park Manor Subdivision with information regarding the proposed speed humps. (3) Copy of a letter from the Tree Advisory Board, dated June 11, to Planning Director Epple expressing concern about some of the street tree requirements for planning projects. (4) Copy of House Bill 758 and an information sheet on why the bill should be challenged, as prepared by a coalition of groups concerned about the risks of secondhand tobacco smoke. (5) Press release from SkyWest Airlines announcing seasonal service to West Yellowstone. (6) Listing of planning projects to be considered at upcoming Commission meetings, dated June 16,2003. (7) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, June 17, at the Manhattan High School. (8) Copy of a memo from Associate Planner Chris Saunders, dated June 10, to the Planning Board and Zoning Commission forwarding the schedule for consideration and adoption of the unified development ordinance. (9) E-mail from City Attorney Luwe to the Commissioners forwarding a recommendation that the City not be a party to the lawsuit regarding House Bill 758. (10) Agenda and revised agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, June 17, at the Professional Building. (11) Agendas for the Zoning Commission meeting to be held at 7:00 p.m. and the Planning Board meeting to be held at 7:30 p.m. on Tuesday, June 17, in the Commission Room. (12) Minutes from the Tree Advisory Board meeting held on April 9, 2003. (13) Director of Public Service Debbie Arkell noted that the Mayor has approached her about a float for the Sweet Pea parade. She indicated that, if the Commissioners are interested in doing a float, she will need to get a trailer scheduled and a location to decorate it; and announced that the theme is "Music Around the World." The Commissioners all expressed interest in having a float in the parade. (14) Director of Public Service Arkell submitted the following. (1) Announced that Hyalite Reservoir filled last week. (2) Stated that she met with representatives from the County Commission and the FORParks group to discuss the possibility of creating an SID/RID for street improvements around the 1 OO-acre regional park. She reported that the County Commission will not support the creation of a district because two of the county property owners oppose it. (15) Commissioner Youngman noted it has come to her attention, through an accidental conversation about a planning project that will be before the Commission within the next few weeks, that the new park dedication requirements for small infill projects may be excessive and in conflict with the City's goals to encourage density development in the community's core. Planning Director Epple stated that staff is aware of the issue and is preparing a report for consideration by the Planning Board and the City Commission. He cautioned that some of the problems result from recently-adopted legislation that revised calculations for parkland dedication, particularly since they result in a disincentive for high-density projects. 06-16-03 -------.". ._ _._ ____..__._."._.__ __on__.. __._.".__. .....-..---.....-- -..-..--- - 12 - (16) Commissioner Brown stated that, before he left town a couple weeks ago, Bruce Gerlach from the Bozeman Shelter Care facility approached him and Commissioner Hietala about a City contribution to their program in light of budget constraints that they are facing. He recognized that this is a well-run facility and that it is a good program; however, he is uncertain that this is an appropriate expenditure of City monies, and he is aware of the precedent it will set. Commissioner Hietala stated it has been about ten years since the State increased the amount paid per client per day. He noted that the house has appreciated considerably over the past few years, and one option being considered is selling it to the County and then leasing it back for $1, which would give them the cash flow needed to continue operations. If that occurs, he suggested that the request to the City would be for bridge financing to keep the shelter operating. He stated that the facility has a capacity for ten residents; and currently there are eight residents, 40 percent of whom are from Bozeman. He concluded by noting that Mr. Gerlach would like to make a presentation to the Commission. Mayor Kirchhoff noted the Commissioners received background information on the Bozeman Shelter Care facility a couple of weeks ago, and he encouraged them to review that information prior to any presentation and request for funding. He also requested City Manager input, and cautioned that approval of a request for one-year bridge financing may result in other similar requests. Commissioner Youngman noted that many local programs have been affected by the last legislative session and suggested that conversations with the County and possibly other agencies could identify other similar needs in the community. Mayor Kirchhoff suggested that this issue be discussed further under "FYI Items" at next week's meeting. (17) Mayor Kirchhoff noted that, at Saturday night's event, he accepted an award to the City Commission from the Historic Preservation Advisory Board for purchasing the old Story Mansion. (18) Mayor Kirchhoff noted that two memos have been received from Mark Evans, Executive Director of the Southwest Montana Building Industry Association, and both of them have been highly critical of the report and fiscal analysis completed by Bay Area Economics. He stated that good information responding to those points is needed. Commissioner Youngman responded that the Community Affordable Housing Advisory Board has received a detailed response from the consultant on every issue raised, and the Board will meet on Wednesday to review the second memo from SWMBIA and finalize recommendations to the Commission. Mayor Kirchhoff asked for assurance that the points will be dealt with head on so the Commission has the best information possible; Commissioner Youngman provided assurance that they will be. (19) Mayor Kirchhoff stated the County Commission has suggested a joint meeting be held at 3:00 p.m. on Monday, July 7, with the location not yet selected. He then noted that he has requested a memo from County Commissioner John Vincent describing the format of the meeting but has not received one to date. (20) Mayor Kirchhoff asked if the Commissioners wish to discuss possible City action on House Bill 758 and proposed that it be placed on the July 14 agenda, when all of the Commissioners and City Attorney Luwe are present; a majority of the Commissioners indicated interest in doing so. Adiournment. 10:15 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Hietala, seconded by Commissioner Brown, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Brown, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting No, none. 06-16-03 -.-..--...-... ----.-----.- - 13 - ~-~ STEVE R. IR HOFF, MaYOr,,/! - ATTEST: ~J~ ROBIN L. SULLIVAN Clerk of the Commission 06-16-03 . -... .--.--. -.-....